Agenda packet — Concord City Council, June 28, 2022 (part 4 of 7)

No one should have to pay extra to avoid rabies exposure.

This contract agreement should be revised to state you want your citizens protected by including the service of having CCAS Animal Control officers trained and responding to call dealing with sick, injured and dead wildlife and no extra cost to the cities.and citizens.

They provided the service previous to 2020. This is a public health safety issue.

I see no example of a reconciliation report in your agenda package. Your are signing a contract without one. It would be prudent of Cities to request a completed reconciliation report for the year 2021. This would give you some idea of how they're going to spread City fees over the entire budget.

As you can see from the public comments tonight there are citizens that are concerned and educated about the issues at CCAS.

Both cities and nonprofits are affected by the new model of financial sustainability that the shelter is trying to achieve.

Because they're doing it at our expense.

I would recommend that you take 90 more days for review. And ask for a reconciliation report for 2021 and only sign a year contract.

I'm going to introduce the idea of a joint authority committee. This way you would have meetings open to the public and would include the nonprofit sector
Lisa Kirk
Contra Costa Society Prevention of Cruelty to Animals
925-382-5249
---------- Forwarded message ---------
From: Lisa Kirk <[email protected]>
Date: Mon, Jun 27, 2022, 5:57 PM
Subject: Public comments for the animal service contract To: <[email protected]>
Good afternoon Pleasant Hill City Council,
I am a volunteer of the Contra Costa SPCA one of the oldest non-profit animal rescues in Contra Costa County. My volunteer position includes trap neutered return of community cats in East Contra Costa County. This area has no Animal Service facility and has a horrific cat and dog overpopulation.

All volunteer 5013 C's animal rescues have been the safety net for animals in providing both spay and neuter services and adoption for the last 3 years.

In October of 2021 we were told by a Private Foundation that is contracting with Contra Costa Animal Services, that both rescue groups and private citizens will no longer be able to bring healthy cats and kittens to the shelter. CCAS is turning away healthy cats and kittens and leaving them outside unaltered, unvaccinated and producing more unwanted litters.

No resources were offered to nonprofits to deal with this population.

This private foundation and CCAS implied there would be money through our board of supervisors and allocation of Measure X funding. The proposal stated that would be over $350,000 to assist with spay and neuters of 450,000 indoor outdoor cats and 185,000 dogs in this county. This was not supported by the board of supervisors nor did Animal Services even bother to to present the proposal.

The service contract you have before you has no mention of this.

I hope you can understand our concerns regarding the increase in City fees without an actual amount for non-mandated services such as adequate spay and neuters for the population of this County.

The state of California has no agency that oversees the domestic animal population in the state nor do they reimburse shelters for any spay and neuters. More concerning was the grand jury report stating that CCAS should switch nonmandated services to all volunteer non-profits.

Now Animal Services is coming to Cities for an increase of just mandated services. They're calling it a pilot project and saying that they need a new service model for financial sustainability. Yet demanding that Cities sign a three-year contract that automatically renews. The only other option is that Cities provide mandated Services themselves.

Cities are now finding themselves in the same position as small nonprofits.

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CCAS did not reimburse the cities for the last 3 years when they clearly had a reduction of burden.

I see nothing in the presentations that they have tried to reduce staffing, increase dog licensing or any cost saving measures except to cut services to the public since 2020. They close the Pinole shelter in 2021 and retain the same amount of staff and management. Currently there is a position of a public information officer that makes over 100,000.

They have contracted out services and still maintain the same staffing levels.

I am a resident of an unincorporated area. When I request a field officer I have to call the sheriff's department, that then puts the call through to Animal Services and I have to wait for a call back. I believe the cost for this is $300,000 a year.

I seen the emphasis on dead animal pickup. I've not seen numbers for the request of calls and I understand the cities already up their contracts 12 cents to have another utility person at the tune of $75,000 a year. And this services is only for public areas. It baffles me that such a concern over dead animals, while watching the cat population climb to almost three quarters of a million.

As far as injured and sick wildlife, this is a public safety issue. In 2020, I got caught in the middle of "we won't pick up sick wildlife". . Animal Services wouldn't come out, fish and wildlife would not come out. I had to put a barrier around the animal so that children and the neighbors would leave it alone.

The symptoms the raccoon was displaying, could have even been distemper or rabies .

No authority that had the mandate to controlled rabies would come out to retrieve the animal. We were able to sweep the raccoon into a trap and transfer to Lindsay museum where it was euthanize for distemper.

Recently there was an incident in Brentwood with a skunk on the driveway that the people called an exterminator company.

Is unknown if this animal was assessed for rabies because nobody that is mandated to control rabies in this County would come out.

I've included the 2018 performance report by Maddie's submitted by Contra Costa Animal Services. It states in that report that they had 158 reports of wildlife. Yes Animal Services used to come up and pick up sick and injured wildlife. So if CCAS stating that their officers are not trained for wildlife I suggest that they get them trained. In many of the animal service contracts in your 6-6-2022 package most of them do not differentiate between cats dogs or wildlife especially when it comes to rabies control. CCAS is putting your citizens and all citizens in Contra Costa County in danger.

No one should have to pay extra to avoid rabies exposure.

They provided the service previous to 2020. This is a public health safety issue.

As you can see from the public comments tonight there are citizens that are concerned and educated about the issues at CCAS.

Both cities and nonprofits are affected by the new model of financial sustainability that the shelter is trying to achieve.

Because they're doing it at our expense.

I would recommend that you take 90 more days for review. And ask for a reconciliation report for 2021 and only sign a year contract.

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Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of various annual license and maintenance agreements for IT hardware and software in the total amount not to exceed $988,525 for the 2022-23 Fiscal Year; and authorizing the Director of Information Technology to execute agreements and supporting documents in a form acceptable to the City Attorney. (General Fund)
Report in Brief
The Director of Information Technology requests authorization to expend $988,525 in funds budgeted in Fiscal Year 2022/2023 to maintain various license and support agreements. These agreements provide the City with access to manufacturers’ technical support and software upgrades for the coming fiscal year. Each of the license and support agreements are for a single one-year period. The listed agreements either exceed $75,000 individually or in aggregate to a vendor, which requires authorization by Council to expend the funds in accordance with the City’s Procurement Policy.

Recommended Action
Authorize the expenditure of Fiscal Year 2022-23 funds in the total amount not to exceed $988,525 for the license and maintenance agreements specified in this report; and authorize the Director of Information Technology to execute any associated agreements and supporting documents, subject to City Attorney approval.

Background
The City maintains manufacturer licensing and support agreements for each of the following Enterprise Systems listed below. These critical business systems provide functionality that supports various department functions, and ultimately, services provided to the public. The not to exceed amount is based on the prior year’s invoice amount and known contractual increases.

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City Council Agenda Report
Agenda Item No. 8.i
June 28, 2022

SYSTEM MANUFACTURER/SUPPLIER TERM AMOUNT
Accela Automation Accela Government Software 12/21/22-12/20/23 $169,745 Accela CRM Accela Government Software 07/26/22-07/25/23 $ 19,871 HR/Finance System Infor (aka - Lawson) 07/01/22-06/30/23 $214,644 East Bay Regional Comm System EBRCSA - JPA 07/01/22-06/30/23 $243,655 CAL- Remote Access Network Contra Costa County FY 2022/2023 $164,010 ACCJIN (Criminal Justice System) Contra Costa County FY 2022/2023 $ 12,504 ARIES (Sheriff’s Office Info Exchange) Contra Costa County FY 2022/2023 $ 41,316 CLETS (maintenance) Contra Costa County FY 2022/2023 $ 7,022 CLETS (level II software access) Contra Costa County FY 2022/2023 $ 11,144 Asset Essentials Dude Solutions 07/01/22-06/30/23 $ 75,755 Predictor Enterprise Dude Solutions 07/01/22-06/30/23 $ 28,859 $ 988,525
Annual licensing and maintenance agreements provide the City with critical vendor support, hot patches, service packs and major revision upgrades. Department staff need to maintain access to technical support, product upgrades and service releases in order to maintain reliable, secure and highly available business systems.  Accela Government Software: The Accela Automation software is used to process and print the Building, Code Enforcement, and Planning required permits, track land use and zoning, and support the Sewer Levy revenue process. Accela Automation provides multiple departments within the City a solution to automate permits, workflow, forms management, activity tracking, citizen relationship management and other important daily tasks. The Geographical Information System (GIS) interface provides staff direct access to view spatial representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. If this system is not maintained, the City would lose automated permits tracking, Sewer Levy assessments, land management and web access for the planning, building, housing and economic development and code enforcement groups.  Accela CRM/Concord Connect: The Accela Customer Relationship Management (CRM) tool allows citizens to submit non-emergency requests via a mobile app and/or web browser. This application is utilized by multiple City departments and provides a way to create a ticket, submit it directly to the responsible department and track its resolution. It is a public facing application that is currently in use and deployed throughout the City. This system provides an interface to City Staff and if not renewed, may leave a gap in communications between the City and its citizens.
 Infor: Infor provides the Human Resources and Finance systems, and interfaces with the Questica budgeting system. Infor provides employee position control, financial reporting, benefits administration, accounts payable, receivables, purchasing, payroll, and employee services. In addition to normal patches, version upgrades and patches, the support agreement also provides access to required annual tax code updates.

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City Council Agenda Report
Agenda Item No. 8.i
June 28, 2022
 EBRCSA - East Bay Regional Communications System Authority: Provides Radio Infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development, and IT radios. Without EBRCS participation, the City would incur additional operating costs for maintaining its own public safety radio system with less interoperability and capabilities.
 Contra Costa County: The CAL-Remote Access Network was established in 1989 and is contributed to by all County agencies. Its primary function is to enable jail bookings through the LiveScan fingerprint capture and recognition system. The annual contribution is based upon the number of contributing agencies and each City’s population. The All County Criminal Justice Information Network (ACCJIN) in Contra Costa County, California, was established in 1990 and links 23 individual criminal justice information systems and provides Concord Police with access to law enforcement data at the Local, County, State, and Federal levels. The Office of the Sheriff maintains the Automated Regional Information Exchange System (ARIES) database and the Domestic Violence Relational Database. Both collect data from California jurisdictions, and multiple counties utilize and share information to support increased monitoring and law enforcement efforts. Police and Dispatch use Level II software for accessing the ACCJIN Network to query the Department Of Justice (CLETS and ARIES) Databases. These services also provide some license plate reader capabilities that assist with stolen vehicle recovery. Without these services, the Police Department would not be able to receive timely information from Local, State or Federal criminal databases.
 Dude Solutions: Asset Essentials/Predictor Enterprise: Provides a work order management system to manage and maintain City Facilities and Assets, including sewer pipes, traffic signals, streetlights, parcels and other important data. These assets can be selected and work can be assigned and recorded, allowing staff to track and monitor the completion of work. The system calculates and predicts the cost of work performed by work type, work location, or employee. This software also allows Public Works to provide timely and accurate information related to services provided to the community. Without this work order management system, Public works would be limited to a paper based system, which would compromise timely completion of critical city assets.

Financial Impact
Sufficient funding for licensing and maintenance agreements for the IT systems specified are included in the Fiscal Year 2022-23 Information Technology operating budget.

Public Contact
The City Council Agenda was posted.

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Staff Report
Date: June 28, 2022
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088
Subject: Considering approval of a Professional Services Agreement with Hope Solutions in the amount of $870,675 to administer the Rapid Rehousing for Unhoused Residents program funded through Permanent Local Housing Allocation (PLHA) Grant Funds for two years (July 1, 2022 through June 30, 2024), and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

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

Report in Brief
City Council is requested to approve a Professional Services Agreement with Hope Solutions to administer the City’s Rapid Rehousing for Unhoused Residents (Rapid Rehousing) program for a two-year period beginning July 1, 2022.

Recommended Action
Considering approval of a Professional Services Agreement (Attachment 1) with Hope Solutions in the amount of $870,675 to administer the Rapid Rehousing for Unhoused Residents program funded through Permanent Local Housing Allocation (PLHA) Grant Funds for a two year period (July 1, 2022 through June 30, 2024), and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

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City Council Agenda Report
Agenda Item No. 8.j
June 28, 2022
Background
In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the State of California’s (State) housing shortage and high housing costs. As part of the package, the Building Homes and Jobs Act (SB2) established a $75 recording fee on real estate documents, which would be directed toward increasing the supply of affordable homes in California. The intent of the bill is to provide a permanent, on-going source of funding to local governments for housing-related projects and programs that assist in addressing the unmet housing needs of local communities.

The California Department of Housing and Community Development (HCD) made available a portion of the initial SB2 funds as one-time planning grants, and the City of Concord (City) was awarded $310,000 in 2020 to create publicly available pre-approved plans for accessory dwelling units to accelerate and streamline their production in Concord. The remaining and future funds will allocate 70 percent of the recording fee revenues to the ongoing Permanent Local Housing Allocation (PLHA) grant program and 30 percent for other State administered programs.

PLHA is an ongoing formula grant that provides non-competitive funding to entitlement cities, as well as competitive grant funding to non-entitlement cities. Concord is an entitlement city. The amount of PLHA funds allocated to each entitlement jurisdiction is directly proportionate to each jurisdiction’s share of the total 2017 CDBG allocation in California. The State estimates the City will receive approximately $2,932,710 over the program’s first five years. Concord received an allocation of $488,785 in the first year and $759,724 in the second. Future allocations may fluctuate from year to year depending on actual recording fees collected from the number of real estate transactions.

At the meeting on December 14, 2021, the City Council (Council) voted to allocate PLHA funds as follows:Fund the Masters Level Social Worker (MSW) approved by Council on November 2, 2021, to be added to the City’s dedicated Coordinated Outreach Referral Engagement (CORE) team to provide clinical case management to unsheltered residents in Concord;
 Provide housing navigation and support services, and six to twelve months of rental subsidy to rapidly rehouse unhoused individuals and families;  City administration of the program, limited to five percent of the total grant amount.

The City’s PLHA application was submitted to the State on December 21, 2022, and was accepted by HCD on March 25, 2022.

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City Council Agenda Report
Agenda Item No. 8.j
June 28, 2022
Procurement Process
On April 8, 2022, the City released a Request for Proposals, for administration of the Rapid Rehousing for Unhoused Residents (Rapid Rehousing) program. The contract will be awarded for an initial two-year cycle with the option of extending for a third year with Council approval. Services requested in the RFP include the provision of housing navigation, support services and 6 to 12 months of rental subsidy to rapidly rehouse unhoused individuals and families who are residents of Concord. The program administrator will assist individuals with navigating and applying for support services, developing a livable budget, researching and securing housing opportunities, and providing ongoing support to help maintain housing. The level of financial assistance will be determined based on need and checks will be issued direct to property owners for the security deposit and rental subsidy.

The allocation for direct services of the program is $840,675 for the initial two-year funding cycle. Administration/overhead is limited by HCD regulations and the maximum allowable to the administrator during the two-year cycle is $30,000, for a total initial contract of $870,675. Staff and overhead costs directly related to carrying out the eligible activities are considered “activity costs” and not subject to the cap on “administration/overhead costs.”
Two proposals were received: one from Hope Solutions and the other from Shelter, Inc.

A staff team evaluated the proposals and recommend that Council award the contract to Hope Solutions for the reasons described below.

Hope Solutions mission is to heal the effects of poverty and homelessness by providing permanent housing solutions and vital support services to highly vulnerable families and individuals. Hope Solutions was founded in 1997 as a joint coalition of faith communities to provide emergency support to homeless households, serving more than 2,000 individuals and families each year, including 352 youth. Recognizing the multiple crises their participants face, residents receive individualized services that include a combination of case management, eviction prevention, parenting support, youth academic enrichment, and mental health counseling provided by licensed mental health clinicians. Hope Solutions uses evidence-based and trauma-informed practices to help households break the intergenerational cycle of poverty.

Hope Solutions has demonstrated success with the three key components of rapid rehousing: (1) housing identification, including search, placement, landlord outreach, lease negotiation, and ongoing tenancy management; (2) flexible financial assistance for rent, deposits, and move-in support; and (3) effective case management focused on housing stability, reducing tenancy barriers, and increasing family income.

Hope Solutions’ rapid rehousing case managers work in partnership with housing navigators to provide “progressive engagement” to help clients build individualized housing stability plans and eviction prevention strategies. Case managers are experts at

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City Council Agenda Report
Agenda Item No. 8.j
June 28, 2022
working with clients as they create their own goals for improving income, education, childcare, transportation, mental health and overall stability. Housing navigators have a pool of more than 150 landlords and property managers to call on for client housing placements. Throughout these projects, Hope Solutions relies on evidence-based practices to enhance client stability and encourage financial self-sufficiency.

Hope Solutions has a strong financial infrastructure to meet the extensive fiscal demands of a rapid rehousing program. The finance team responds to tenant and landlord needs quickly, with a weekly check processing system, corporate credit cards, and the ability to issue emergency checks if needed. Last year, Hope Solutions collectively administered $3,775,000 in monthly rental subsidies, move-in supports and hotel fees.

Hope Solutions is currently operating a similar project via the CalWORKS Rapid Rehousing Program. Launched in 2019, this contract provides Hope Solutions with approximately $2.2M to provide case management, landlord negotiation, and other supportive services to at least 100 households annually. Hope Solutions collaborates with Contra Costa County’s Health, Housing, and Homeless Services (H3) and the Employment and Human Services Department to identify and engage families and individuals experiencing homelessness. This existing project will serve as the blueprint for the City’s rapid rehousing program.

Hope Solutions has the necessary infrastructure in place, including an established management structure and an array of existing effective services, to meet the City’s needs and begin offering the Rapid Rehousing program without reconfiguring any programming or supervision practices. The City-funded case manager for this project will fit easily within Hope Solutions’ overall Rapid Rehousing program and services can begin immediately. In addition, Hope Solutions is offering 10% of its Director of Rapid Rehousing and Navigation’s time to this project as an in-kind contribution.

Hope Solutions anticipates serving 25 households in the first two years, and will begin work on July 1, 2022. The contract would extend through to June 30, 2024.

Basis of Recommendation: Staff is recommending the City of Concord enter into a contract with Hope Solutions to administer the Rapid Rehousing for Unhoused Residents program. While both companies who submitted proposals, are well established, Hope Solutions is currently administering a similar program for County Health, Housing, and Homeless Services (H3). As a result, the required elements of the program are already in place, which will enable the organization to begin services to the City’s unhoused residents quickly. In addition, the organization works closely with H3, which allows for close collaboration in regards to providing services to the homeless.

In addition, Hope Solutions is better able to leverage available funds, allocating a larger percentage to direct client assistance over the two-year period. Hope Solutions

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City Council Agenda Report
Agenda Item No. 8.j
June 28, 2022
anticipates $553,260 of the initial allocation of $840,675 will be used for financial assistance for clients; this is $100,000 more in direct assistance than the other proposal.

Environmental Determination
Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the applying for and receiving of grant funds does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, the activity is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the activity will have a significant effect on the environment, and no further environmental review is required. Moreover, even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA 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.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis. Therefore, the activity does not warrant further environmental review.

Financial Impact
The City of Concord would enter into a Professional Services Agreement with Hope Solutions in the amount of $870,675 for a period of two years to administer the Rapid Rehousing for Unhoused Residents program. The program will be funded through Permanent Local Housing Allocation grant funds. No General Fund monies will be allocated.

Public Contact
Notice of this meeting has been posted. Notice was sent by e-mail to the Housing Division interested parties list on June 21, 2022.

Attachment

1. Professional Services Agreement with Hope Solutions

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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 Hope Solutions, a nonprofit organization, 399 Taylor Blvd, Pleasant Hill, California 94523 (“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 July 1, 2022 and expire on June 30, 2024.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one additional period(s) of one year(s) commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

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.

Attachment 1

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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 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 Kevin Marstall, Director of the Community Development Department. The CONSULTANT’s authorized representative is Deanne Pearn, Executive Director.

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

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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 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 nonstandard 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.

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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 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,

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employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

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

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

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D. Compliance with State Workers' Compensation Requirements.

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

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

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

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certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

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

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

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because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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

16. CONFLICT OF INTEREST.

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

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

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

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

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

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application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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

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

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

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

To CITY: Brenda Kain, Housing Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578

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Phone: (925) 671-3088
Email: [email protected]
To CONSULTANT: Deanne Pearn, Executive Director
Hope Solutions
399 Taylor Blvvd.

Pleasant Hill, California 94523
Phone: (925) 944-2246
Email: [email protected]

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

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

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

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Name: Valerie J. Barone
Title: Title City Manager
Address: 399 Taylor Blvd. Address: 1950 Parkside Drive
Pleasant Hill, California 94523 Concord, CA 94519
Telephone: (925 944-2246 Telephone: (925) 671-3150
Email: [email protected]

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APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 and 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $870,675. Account Code 254-8800-66600.

Finance Director's Signature

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Exhibit A
Hope Solutions
Scope of Services
Hope Solutions will provide the following services to unhoused individuals and families who are residents of Concord through the Rapid Rehousing for Unhoused Residents program. • Facilitate outreach plan and materials for potential clients, community organizations, local property owners and the public.
• Assist referring partners in identifying unhoused individuals and households who are residents of Concord and confirm eligibility for program services. • Provide housing navigation to qualified households in order to locate, apply for and secure rental housing.
• Work with households, landlords and housing providers to negotiate lease agreements and lease terms and prepare and submit rental applications. • Determine level of financial assistance based on household need and provide 6 to 12 months of rental subsidy paid directly to property owners for security deposit and rental subsidy.
• Assist individuals with navigating and applying for support services, developing a livable budget, researching and securing housing opportunities. • Provide ongoing support to help clients advance to self-sufficiency and maintain housing. • Track expenses to ensure sufficient funds for clients served and monitor account for appropriate expenditure of funds.
• Submit monthly report to City detailing clients served and outcomes. • Submit monthly Request for Reimbursement to City including sources and uses detailing financial assistance provided and operational expenses.

Estimated clients served:

FY 2022/23: 8 to 12 Households
FY 2023/24: 10 to 15 Households

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Exhibit A
Budget
Year One Year Two
Rental Leasing $
Unit Cost
2,070
8+ households
$ 213,720
10+ households
$ 263,400
Other Direct Financial Assistance
Security Deposit $ 4,140 $ 33,120 $ 41,400
Furniture/Move-in Support $ 810 $ 9,720 $ 12,150
Utility Deposits
Landlord Incentives
Credit Checks/Other Financial Assistance
$ 250 $ 3,000
In-Kind
$ 1,500
$ 3,750
In-Kind
$ 1,500
Subtotal Leasing and Direct Financial Assistance $ 261,060 $ 322,200 Personnel Annual Salary
RRH Program Manager (.25 FTE) $ 75,000 $ 18,750 $ 19,313 Case Manager (1.0 FTE) $ 56,000 $ 56,000 $ 57,680
Housing Navigator (.33 FTE) $ 56,000 $ 18,480 $ 19,034
Director of Rapid Rehousing and Navigation (0.1 FTE)
Benefits (22% of Salary Costs)
$ 115,000
$
In-Kind
20,511
In-Kind
$ 21,125
Subtotal Personnel Salaries and Benefits $ 113,741 $ 117,152 Support Services
Staff Mileage
$ Monthly Cost
300
$ 3,600 $ 3,600
Total support services $ 3,600 $ 3,600
Operating Costs Calculation
Staff Computers
$1000 for new staff
computer $ 1,948 $ 1,948
Staff Cell Phones $50/mo*1.58 FTE $ 948 $ 948
OfficeRen FTE Allocation $ 5,015 $ 5,015
Supplies FTE Allocation $ 1,000 $ 1,000
HMIS License FTE Allocation $ 250 $ 250
Staff Training/Development FTE Allocation $ 500 $ 500
Subtotal Operating Costs $ 9,661 $ 9,661
Administration/Overhead $ 15,000 $ 15,000
Total Project Cost $ 403,062 $ 467,613
Total Two-Year Project Cost $ 870,675

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Exhibit A

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Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Community Development Director Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088
Subject: Considering adoption of a Resolution accepting the Action Plan for FY 2022/23 and authorizing the City Manager to submit, on behalf of the City of Concord, the one Year Action Plan, consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds allocated by the U. S.

Department of Housing and Urban Development during Fiscal Year 2022/23.

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

Report in Brief
The City Council is requested to adopt a Resolution (Attachment 1) authorizing the City Manager to submit the City of Concord FY 2022/23 Action Plan to the U.S. Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant (CBDG) funds allocated by HUD during Fiscal Year 2022/23.

The City of Concord FY 2022/23 Action Plan (Exhibit A to Attachment 1) outlines the programs and projects that will help meet the housing and non-housing needs of the lower income households and areas in our community. The Action Plan includes recommendations by the Community Services Commission (CSC) for funding a variety of public services programs, housing, capital improvements, and other projects through Concord’s Community Grant process. These recommendations form the basis of the Action Plan for the coming three-year grant cycle. The Action Plan is a subsidiary

8.k

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City Council Agenda Report
Agenda Item No. 8.k
June 28, 2022
2 document of the 2020/25 Consolidated Plan and is required annually by the federal government from those jurisdictions that receive CDBG funding.

Recommended Action
Adopt a Resolution accepting the Action Plan for FY 2022/23 and authorizing the City Manager to submit, on behalf of the City of Concord, the one year Action Plan, consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant funds allocated by the U. S. Department of Housing and Urban Development during Fiscal Year 2022/23.

Background
The Consolidated Plan, Action Plan, and annual Consolidated Annual Performance Evaluation Report (CAPER) are required documents of jurisdictions receiving housing and community development funds from the HUD. The Consolidated Plan outlines priority housing and community development needs, as well as the objectives and strategies for meeting those needs. The Action Plan outlines the programs that will be funded to meet the needs identified as City of Concord (City) priorities in the Consolidated Plan. The CAPER, which is due 90 days after the close of the funding year, documents how well the City has done in meeting its goals for helping low- and moderate-income residents of Concord with the federal funding distributed under the CDBG program.

To be consistent with the Consolidated Plan, the City’s grant process starts with a twoyear funding cycle followed by a three-year cycle. In the first year, a specific grant amount is awarded. Second and third year funding is based on fund availability and grantee performance. Contracts are issued on an annual basis and adjusted proportionally among all grantees to account for fluctuations in funding. FY 2022/23 represents the first year of the next three-year cycle. No new applications will be accepted for 2023/24 or 2024/25.

Analysis
The Action Plan describes those programs the City of Concord will support in Fiscal Year 2022/23, which must be consistent with the 5-Year Consolidated Plan. The online application for funding was released during a countywide kickoff meeting on October 7, 2021, with applications due no later than December 6. Applications submitted to Concord must indicate the number of Concord residents served by the program.

For the coming year, the City received 17 applications in the Public Services category, two requesting funds for Economic Development/Microenterprise projects and three requesting Child Care Development Fee allocations. Per HUD regulations, funding for Public Services is limited to 15% of the coming year’s grant, plus 15% of current year program income.

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City Council Agenda Report
Agenda Item No. 8.k
June 28, 2022
3 The CSC met nine times between the first of January and mid-March, 2022, to hear presentations from applicants and to review and discuss applications. On March 9, 2022, the CSC met a final time to make recommendations for the coming year; those recommendations form the basis for the 2022/23 Action Plan. The CSC’s ranking and funding recommendation for each applicant is included in Attachment 2: Community Services Commission FY 2022/23 Ranking and Funding Recommendations.

HUD has confirmed the City’s 2022/23 CDBG allocation is $1,072,136, a decrease of $5,314 from the FY 2021/22 CDBG allocation. Also allocated for 2022/23 is $78,528 in CDBG funds that were unused in prior years.

The City also collects a Child Care Development Impact Fee of 0.5 percent of the total valuation of a building permit for tenant improvements and new construction on commercial projects to help fund childcare related activities. The fund balance varies considerably from year to year, depending on the level of construction activities. The current fund balance is $150,000, which can be dispersed as part of the City’s grant process. Staff is recommending that $121,300 be allocated to three programs that provide childcare services or training for home care providers and $28,700 (19%) to administration. It is anticipated that the City will collect adequate Child Care Development Impact Fees to provide same level funding in years two and three.

Repayment of housing rehabilitation loans made to Concord homeowners using CDBG funds accumulate in the City’s Revolving Loan Fund and must be expended for grants or low-interest loans to other qualified low-income homeowners. The balance in this fund is currently $135,063. Staff recommends that in addition to CDBG funds, $100,000 in Revolving Loan Fund be allocated to Habitat for Humanity for the Housing Rehabilitation Grant and Loan Program for the coming year.

Currently, the Housing Rehabilitation program provides grants up to $15,000 and loans up to $75,000 to qualified homeowners. Given increases in the cost of materials and labor in recent years it is increasingly difficult to provide needed health and safety improvements within the current grant amount. For instance, a basic roof replacement now averages $18,000 and typically requires other repairs, as well. Those served by this program are primarily seniors on fixed incomes who have delayed regular maintenance due to the high cost of repairs. To provide greater service to these residents the Fiscal Year 2022/23 Action Plan increases the maximum grant amount from $15,000 to $25,000.

The City receives a small amount of Program Income, of which 15% can be used for funding Public Services programs in the following year. For FY 2021/22, the City received $28,000 in Program Income, making an additional $4,200 available. Of this amount, the City will allocate $4,180 to local nonprofits.

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City Council Agenda Report
Agenda Item No. 8.k
June 28, 2022
4 Financial Impact
The City of Concord would allocate a total of $1,404,844 in grant funding from CDBG, Child Care Development Impact Fees , Program Income, and Revolving Loan Funds in FY 2022/23. Attachment 3, FY 2022/23 Action Plan Funding Recommendations, provides a breakdown of all funding recommendations. No General Fund monies would be allocated.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of CBDG, Child Care Development Impact Fees, Program Income, and Revolving Loan Funds supporting public service programs, housing, capital improvement projects does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if this were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA 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 reflects the City’s independent judgment and analysis.

Public Contact
Notice of this meeting has been posted. Copies of the funding recommendations have been sent to all applicants. The public was notified of the CSC meetings in accordance with the Brown Act and the Community Services Citizen Participation Plan. This public meeting has been duly noticed.

Attachment

1. Resolution accepting the Action Plan for FY 2022/23 and authorizing the City Manager to submit, on behalf of the City of Concord, the one year Action Plan, consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant funds allocated by the U. S. Department of Housing and Urban Development during Fiscal Year 2022/23 o Exhibit A: City of Concord FY 2022/23 Action Plan

2. Community Services Commission FY 2022/23 Ranking and Funding Recommendations.

3. FY 2022/23 Action Plan Funding Recommendations

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Attachment 1
Res. No. xx-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Action Plan for FY 2022/23 and Authorizing the City Manager to Submit, on Behalf of the City of Concord, the One Year Action Plan, Consistent
with the Program Rules which Govern the Receipt and Expenditure of Community Development Block Grant Funds Allocated by the U.S. Department of Housing and Urban Development During Fiscal Year 2022/23
Resolution No. 22-xx
/
WHEREAS, the City of Concord has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant (CDBG) funds to help develop viable urban communities through providing decent housing, a suitable living environment, and economic opportunity for lower income residents; and
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a oneyear Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in each year of the five-year Consolidated Plan period; and WHEREAS, the City of Concord has received an allocation from HUD in the amount of $1,072,136 for Fiscal Year 2022/23; and
WHEREAS, the City of Concord, consistent with HUD’s program rules on eligibility, has chosen to allocate all CDBG funds to a number of programs, activities and projects in support of HUD’s National Objectives to primarily benefit low- and moderate-income persons, or serve to arrest or minimize the effects of slums or blight, or provide for urgent needs; and WHEREAS, the City of Concord has determined that the expenditure of these funds will have the cumulative effect of advancing the FY 2020/25 Consolidated Plan objectives in the short and longterm; and WHEREAS, on June 28, 2022, after giving all public notices required by State law and the Concord Municipal Code, the City Council held a duly noticed public meeting to consider this action; and

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Attachment 1
Res. No. xx-xx 2
WHEREAS, at such public meeting, the City Council considered all testimony and information received at the public meeting, the oral report from City staff, and the written report from City staff dated June 28, 2022 (“City Council Information”).

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

Section 1. The recitals above are true and correct and are incorporated herein by reference.

The recitals constitute findings in this matter, and together with the City Council Information, serve as adequate and appropriate evidentiary basis for the findings and recommendations set forth in this Resolution. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of CDBG, Child Care Development Impact Fees , Program Income, and Revolving Loan Funds funds supporting public service programs, housing, capital improvement projects does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if this were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA 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 reflects the City’s independent judgment and analysis.

Section 2. That the City hereby determines that it is appropriate to submit its 2022/23 oneyear Action Plan activities to the U.S. Department of Housing and Urban Development (HUD), detailing the City’s plans for the expenditure of CDBG funds in accordance with the priorities outlined in the 2020/25 Contra Costa HOME Consortium Consolidated Plan and in support of HUD’s national objectives.

Section 3. That the City Manager is authorized to disburse funds and execute all attendant

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Attachment 1
Res. No. xx-xx 3
documents and agreements, consistent with the City Council’s designation and approval of the programs, activities and projects to be undertaken during FY 2022/23 as designated in attached Exhibit A, and subject to City Attorney approval.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on June 28, 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 joint meeting of the City Council of the City of Concord on June 28, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: City of Concord Draft FY 2022/23 Action Plan

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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)

1. Introduction
For FY 2022/23, the City expects to receive $1,072,136 in CDBG funding and will allocate $78,528 in unallocated prior-year funds. CDBG funds are used by the City for affordable housing, homeless services, non-housing community development activities and administrative costs. In addition to CDBG funds, in this funding year the City will allocate $100,000 in Revolving Loan Funds for home rehabilitation loans and grants, $150,000 in Child Care Developer Fees for child care related programs and $4,180 in Program Income to Public Services programs.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

Following is a brief summary of the overall objectives identified in the 2020/25 Consolidated Plan and supported by the 2022/23 Action Plan:

Priority Need: Affordable Housing
AH-1: Maintain and preserve the existing affordable housing stock.

Priority Need: Reduce/Alleviate Homelessness
H-1: Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

The affordable housing and human services objectives of the Plan also address the needs of the homeless and the problem of homelessness.

Priority Need: Non-Housing Community Development
Public Services
CD-1 General Public Services: Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons, and ensure access to programs that promote prevention and early intervention related to a variety of social concerns such as substance abuse, hunger, and other issues.

Exhibit A to Attachment 1

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CD-2 Non-Homeless Special Needs: Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly/frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farmworkers.

CD-3 Youth: Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood.

CD-4 Fair Housing: Continue to promote fair housing activities and affirmatively further fair housing.

Priority Need: Economic Development
CD-5 Economic Development: Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

Priority Need: Infrastructure/Public Facilities
CD-6 Infrastructure and Accessibility: Maintain quality public facilities and adequate infrastructure, and ensure access for the mobility-impaired by addressing physical access barriers to public facilities.

Priority Need: Administration
CD-7 Administration: Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector, and administer federal grant programs in a fiscally prudent manner.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City has made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan. CDBG-funded public service projects provided a wide range of social services and assistance to more than 68,000 residents and households, including the homeless, mentally and physically disabled, seniors, victims of domestic violence, and other special needs populations. Funding for the City’s ADA Transition Plan provided curb, sidewalk and infrastructure improvements that removed barriers that restrict mobility and accessibility of elderly or disabled persons. The City’s Housing Rehabilitation Loan and Grant Program has provided grants and low-interest loans to low-income homeowners for needed repairs and improvements.

The City has continued to focus on outcome-based performance measurements as a means to ensure that needed services are delivered and that the results can be easily quantified. The City is currently completing its second year of the 2020/25 Consolidated Plan period and is on track to meet every Consolidated Plan goal/objective.

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4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

6. Summary of comments or views not accepted and the reasons for not accepting them

7. Summary

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PR-05 Lead & Responsible Agencies - 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator CONCORD Community Development Department Table 1 – Responsible Agencies
Narrative
The City of Concord's entitlement grant is administered by the City under the direction of the Housing Manager.

Consolidated Plan Public Contact Information
Brenda Kain, Housing Manager
City of Concord
1950 Parkside Drive, Concord, California 94519
(925) 671-3088

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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)

1. Introduction
The consolidated planning process requires jurisdictions to reach out to and consult with other public and private agencies when developing the Plan. The Plan itself must include a summary of the consultation process, including identification of the agencies that participated in the process.

Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

The City of Concord works closely with public and private affordable housing providers and the Housing Authority of Contra Costa County, as well Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City of Concord works closely with public and private affordable housing providers and the Housing Authority of Contra Costa County, as well Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive ESG funds. ESG funds are received by Contra Costa County and are allocated in coordination with the CoC.

2. Agencies, groups, organizations and others who participated in the process and consultations

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization CCC Department of Conservation & Development Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
HOPWA Strategy
Economic Development
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Department of Conservation and Development was the lead agency in the development of the Contra Costa Consortium's Consolidated Plan. 2 Agency/Group/Organization Contra Costa Health Services Homeless Program Agency/Group/Organization Type Services-homeless
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy

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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The County's Health and Homeless Services staff works closely with City staff to provide information on special needs populations, including homeless populations. It is anticipated that this consultation will result in improved coordination of services to the City's at risk and homeless populations. 3 Agency/Group/Organization STAND! For Families Free of Violence Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
STAND! staff works closely with City staff to provide information regarding victims of domestic violence in the City and the services provided to this population. It is anticipated that this coordination will result in improved coordination of services to the City's victims of domestic violence. 4 Agency/Group/Organization Contra Costa Homeless Continuum of Care Agency/Group/Organization Type Services-homeless
Other government - County
Other government - Local
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The CoC works closely with City staff to provide information on homelessness and the City's overall homeless population. It is anticipated that this coordination will result in improved coordination of services to the City's population who are homeless or at risk of homelessness.

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5 Agency/Group/Organization Habitat for Humanity East Bay Agency/Group/Organization Type Services - Housing
Homeowner Rehabilitation Loans & Grants
What section of the Plan was addressed by
Consultation?
Lead-based Paint Strategy
Housing Conservation
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City contracts with Habitat for Humanity to administer the Housing Rehabilitation Loan and Grant program for low-income homeowners. Leadbased paint remediation is a required element of the program and has been successful in helping to reduce the incidence of lead-based paint in the City's older home population.
6 Agency/Group/Organization City of Concord Code Enforcement Division Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Conservation
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City's Multi-Family Housing inspector responds to complaints and regularly inspects all multi-family units in the City to identify code violations and to address health issues such as mold, rodents and insect infestations. The inspector works closely with the Housing Manager to see that the housing needs of the City's low income residents are met.
7 Agency/Group/Organization California State Coastal Conservancy Agency/Group/Organization Type Agency - Managing Flood Prone Areas What section of the Plan was addressed by
Consultation?
Market Analysis

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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Consultation regarding flooding and resilience in areas along waterways. 8 Agency/Group/Organization San Francisco Bay Conservation and Development Commission Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources
What section of the Plan was addressed by
Consultation?
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Market Analysis
Identify any Agency Types not consulted and provide rationale for not consulting All organizations and services providers were either consulted or invited to participate in the Plan process.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Contra Costa County Health,
Housing & Homeless Services
The City's Housing Manager is active in the Contra Costa Council on Homelessness, ensuring coordination with the CoC and the consolidated planning process.

Contra Costa
Consortium
Contra Costa County Dept, of
Conservation & Development
The City's Housing Manager is active in the Contra Costa Council on Homelessness, ensuring coordination with the CoC and the consolidated planning process.

Table 3 - Other local / regional / federal planning efforts

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Narrative
In addition to the organizations listed in this section significant aspects of the Plan development process included consultations with the CoC and its membership which is comprised of both public and private non-profit and for-profit entities, as well as private citizens. The Strategic Plan section of the 2020/25 Consolidated Plan, specifically SP-40, includes a complete listing of the entities through which the City will carry out the activities of its Consolidated Plan.

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AP-12 Participation - 91.401, 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In developing the 2020/25 Consolidated Plan, which informs the Action Plan, the Contra Costa Consortium held three public meetings and requested that those attending comment on the level of housing and community development needs Countywide and the relative priority of those needs by completing a survey. All public meetings were advertised in the Contra Costa Times. Recognizing that not all can attend public meetings and that the scope of a one-hour meeting is limited, the Consortium also provided an online survey. The survey was mentioned in all meeting advertisements and provided at all public meetings. A draft of the Consolidated Plan was made available for a 30 day public review and comment period.

To be consistent with the Consolidated Plan, the City’s grant process starts with a two-year funding cycle followed by a three year funding cycle. In the first year, a specific grant amount is awarded. Second and third year funding is based on fund availability and grantee performance. Contracts are issued on an annual basis and adjusted proportionally among all grantees for fluctuations in funding.

FY 2022/23 is the first year of the next three-year cycle.

During the 2022/23 funding process, the City’s CDBG advisory commission, the Community Services Commission (CSC), held nine (9) properly noticed public meetings to hear presentations from local applicants and to discuss and determine funding recommendations for the three year funding cycle, July 1, 2022 – June 30, 2023, July 1, 2023 – June 30, 2024, and July 1, 2024 - June 30, 2025. The CSC's funding recommendations were approved by City Council on June 28, 2022.

The FY 2022/3 Action Plan was available for a 30-day public review period beginning on May 25, 2022, by posting of a legal notice. It was also available on the City's webpage and in hard copy at the Administrative office.

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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting
Nontargeted/broad
community
A public meting of
the Community
Services Commission
was held on March 9,
2022, to determine
funding
recommendations for
referral to City
Council.

None None
2 Internet Outreach
Nontargeted/broad
community
A public notice was
posted to the city's
website on May 24,
2022.

None None
3 Newspaper Ad
Nontargeted/broad
community
A public notice was
published on May 24,
2022.

None None
4 Public Meeting
Nontargeted/broad
community
A public meeting of
Concord City Council
was held on June 28,
2022, to approve
funding
recommendations.

None None
Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
During the Consolidated Plan period, 2020/25, the City expects to receive approximately $1,000,000 annually in CDBG funding, for a five-year total of approximately $5 million. CDBG funds are used by the City for affordable housing, homeless services, non-housing community development activities and administrative costs. The table below provides a breakdown of these anticipated resources which are based on FY 2022/23 allocations.

Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 1,072,136 4,180 78,528 1,154,844 2,000,000 Concord will allocate funds citywide to
meet the needs of at risk residents.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Other public -
federal
Other
100,000 0 0 100,000 150,000
The City will allocate Revolving Loan funds
for housing administration and for grants
and loans to low-income homeowners as
part of the Housing Rehabilitation Loan
and Grant program.

Other public -
local
Other
150,000 0 0 150,000 300,000
Child Care Developer Fees (CCDF): The
City collects a fee equal to 0.5 percent of
the development cost of a project at the
time of issuance of the certificates of
occupancy for the purpose of funding the
activities of the Concord Child Care
Program. The program provides grants
for direct and indirect child care services,
including the provision of child care
subsidies or benefits for working parents,
start-up costs for child care programs,
upgrades to the quality of child care
services provided, and public education
and advocacy to encourage employerrelated child care.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied

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The City requires a 20% match for all projects receiving CDBG or Child Care Developer Fee funds which typically includes other federal, state or local public and/or private funds. Matching funds help to ensure that agencies are not dependent upon Federal funds and that they would be able to continue operations in the absence of these funds.

CDBG funds are coupled with local and private funds, allowing projects to compete for additional funding provided by tax credits, bonds, and state financing programs. An investment by the City makes projects more competitive in various funding competitions. All sources and types of funds are more limited due to the current economic climate and the demise of statewide redevelopment taxincrement funds. The City will continue to search for additional sources of funding from local, state, federal, and private sources in order to develop and deliver efficient and cost effective projects.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City owns two properties that may be used for housing purposes. For one property, Council entered into an Initial Exclusive Negotiating Agreement that gives a developer permission to study feasibility for 18 months of a mixed-use project that would include a residential component. Concord City Council has allocated $7.8 million to a nonprofit developer for the new construction of 62 units of affordable housing which is expected to begin construction in late summer, 2022. The City is particularly interested in housing for veterans, seniors, disabled and the low-income workforce. Services to these communities are among the priorities identified in Concord’s 2020/25 consolidated plan.

Discussion
The City of Concord will utilize funds from the FY 2022/23 entitlement grant, as well as prior-year CDBG funds, Revolving Loan Funds, Child Care Developer Fees and Program Income, to provide services to further the well-being of the City's most at-risk residents.

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 AH-1 Existing Housing
Stock
2020 2025 Affordable
Housing
City of
Concord
Affordable
Housing
CDBG:
$435,417
Revolving
Loan Fund:
$100,000
Homeowner Housing
Rehabilitated: 25 Household
Housing Unit
2 H-1 Emergency Shelter
and Homeless Related
Svcs
2020 2025 Homeless City of
Concord
Homelessness CDBG:
$22,500
Public service activities
other than Low/Moderate
Income Housing Benefit: 100
Persons Assisted
3 CD-1 General Public
Services
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$50,000
Public service activities
other than Low/Moderate
Income Housing Benefit:
8600 Persons Assisted
4 CD-2 Non-Homeless
Special Needs
Population
2020 2025 Non-Homeless
Special Needs
City of
Concord
Non-Housing
Community
Development
CDBG:
$82,500
Public service activities
other than Low/Moderate
Income Housing Benefit: 900
Persons Assisted
5 CD-3 Youth 2020 2025 City of
Concord
Non-Housing
Community
Development
Child Care
Developer
Fees:
$100,000
Public service activities
other than Low/Moderate
Income Housing Benefit:
1300 Persons Assisted

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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 CD-4 Fair Housing 2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$10,000
Public service activities
other than Low/Moderate
Income Housing Benefit: 25
Persons Assisted
7 CD-5 Economic
Development
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$40,000
Child Care
Developer
Fees: $21,300
Businesses assisted: 30
Businesses Assisted
8 CD-6
Infrastructure/Public
Facilities
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$300,000
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
8000 Persons Assisted
9 CD-7 Administration 2020 2025 Administration City of
Concord
Administration CDBG:
$214,427
Child Care
Developer
Fees: $28,700
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions

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1 Goal Name AH-1 Existing Housing Stock
Goal
Description
Maintain and preserve existing housing for low-income homeowners through rehabilitation activities. 2 Goal Name H-1 Emergency Shelter and Homeless Related Svcs Goal
Description
Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling. 3 Goal Name CD-1 General Public Services
Goal
Description
Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons, and ensure access to programs that promote prevention and early intervention related to a variety of social concerns such as substance abuse, hunger, and other issues. 4 Goal Name CD-2 Non-Homeless Special Needs Population
Goal
Description
Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly/frail elderly, disabled persons, victims of domestic violence, abused/neglected children, persons with HIV/AIDS, illiterate adults and migrant farmworkers. 5 Goal Name CD-3 Youth
Goal
Description
Increase opportunities for children/youth to be healthy, succeed in school and prepare for productive adulthood. 6 Goal Name CD-4 Fair Housing
Goal
Description
Continue to promote fair housing activities and affirmatively further fair housing.

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7 Goal Name CD-5 Economic Development
Goal
Description
Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas. 8 Goal Name CD-6 Infrastructure/Public Facilities
Goal
Description
Maintain quality public facilities and adequate infrastructure and ensure access to public facilities for the disabled; Remove barriers to the safe travel of persons with disabilities and enhance public safety and accessibility; Provide or improve access to facilities for disabled persons.
9 Goal Name CD-7 Administration
Goal
Description
Support the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector, and administer federal grant programs in a fiscally prudent manner. Strategies include:
• To continue the collaborative administration with the other Consortia jurisdictions for the City’s community development and affordable housing programs undertaken under this Strategic Plan. This effort will include common policies and procedures for requests for the use of funds, Subrecipient reporting, record-keeping, and monitoring.
• The City will also cooperatively further the efforts of the Contra Costa Council on Homelessness (CCCH).

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AP-35 Projects - 91.420, 91.220(d)
Introduction
The City will continue to fund local agencies that provide services that meet the needs of at-risk residents citywide.
# Project Name
1 ECHO - Fair Housing Services
2 CASA - Serving All Foster Children
3 CCC Health Services - Coordinated Outreach, Referral, and Engagement Program 4 Contra Costa Crisis Center-Crisis / 211 Contra Costa
5 Monument Crisis Center - Critical Safety Net Resources for Families and Individuals 6 CC Senior Legal Services - Legal Services for Seniors 7 Food Bank - Collaborative Food Distribution
8 Empowered Aging
9 STAND! - Rollie Mullen Center Emergency Shelter
10 Meals on Wheels Diablo Region (MOW)
11 ECHO - Tenant/Landlord Counseling and Dispute Resolution Services 12 Winter Nights Family Shelter, Inc.
13 Meals on Wheels Diablo Region - Senior Nutrition - CC Cafes 14 Family Justice Alliance - Family Justice Navigation Program 15 Community Violence Solutions - Children's Interview Center-Child Sexual Assault Intervention 16 Monument Impact - Emerging Business Support Program
17 Opportunity Junction - Healthcare Career Pathway
18 Bay Area Crisis Nursery
19 Mt. Diablo School District - CARES After School Program 20 CC Child Care Council - Road to Success
21 City Housing Conservation Program - Loans & Grants
22 City Engineering - ADA Transition Plan
23 City Housing Administration
24 City Child Care Developer Fee (CCDF) Administration
25 CDBG Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs

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AP-38 Project Summary
Project Summary Information

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1 Project Name ECHO - Fair Housing Services
Target Area City of Concord
Goals Supported CD-4 Fair Housing
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description ECHO Housing is a HUD-approved housing counseling agency, and satisfies HUDs definition of Fair Housing Enforcement Organization and Qualified Fair Housing Enforcement Organization. ECHO affirmatively furthers fair housing by addressing discrimination in Antioch, Concord, Walnut Creek, and urban CCCounty; investigates allegations of discrimination; conducts audits to uncover discrimination, provides training to housing providers. 21D
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
25 families will receive Fair Housing services.

Location Description Main Office: 770 A St, Hayward, California. Services are provided by phone and at various locations throughout the County.

Planned Activities ECHO's Fair Housing Services will assist Concord tenants and landlords who require information regarding fair housing and discrimination, or complainants who allege discrimination based on federal, state, and local protected classes including race, color, religion, national origin, age, sex, familial status, marital status, sexual orientation, gender, mental or physical disability.
2 Project Name CASA - Serving All Foster Children
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $11,250
Description CASA provides trained volunteers who advocate for the needs of abused and neglected children who are wards of the county's juvenile dependency court. (LMC/05N)
Target Date 6/30/2023

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25 children will receive services.

Location Description Main Office: 2151 Salvio Street Ste 295, Concord, California Planned Activities Trained volunteers will provide advocacy, mentoring and representation services to abused and neglected children who are wards of the County’s Juvenile Dependency Court as a way to improve access to health and social services and a safe and permanent living situation.
3 Project Name CCC Health Services - Coordinated Outreach, Referral, and Engagement Program
Target Area City of Concord
Goals Supported H-1 Emergency Shelter and Homeless Related Svcs Needs Addressed Homelessness
Funding CDBG: $12,500
Description A team of two outreach workers will deliver services to homeless individuals in encampments and on the streets, completing housing and service assessments and providing basic needs supplies such as socks, hygiene kits and emergency food. (LMC/05)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 homeless residents will receive services.

Location Description Services are provided where homeless individuals congregate including on the streets, in parks and along waterways.

Planned Activities A team of two outreach workers will deliver services to homeless individuals in encampments and on the streets, completing housing and service assessments and providing basic needs supplies such as socks, hygiene kits and emergency food. Teams will assist with the completion and submission of MediCal, CalFresh, and/or SSI applications and will link individuals to shelter and day centers.

Project Name Contra Costa Crisis Center-Crisis / 211 Contra Costa

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4 Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $12,500
Description The Contra Costa Crisis Center's call center is comprised of a 24 hour mental health crisis intervention service AND a 211 information and referral service. Both programs utilize a robust and continually updated social service database of local homeless, health and social services programs. Full-time professional staff and highly trained volunteers provide immediate crisis support service as well as immediate information and referrals 24 hours per day - to emergency shelters, emergency food programs, job training, health care and other services.

These programs serve both the mental health needs as well as the basic health and social service needs of people in crisis - to enable those in need to access resources in their community quickly and easily, allowing residents in need a single point of entry for a variety of resources.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
2,000 homeless and special needs residents will receive assistance.

Location Description 307 Lennon Lane Walnut Creek, CA 94598 Planned Activities Trained counselors will provide immediate crisis mental health/suicide intervention services by phone 24 hours a day and will provide immediate information and referral services to persons who are presumed beneficiaries, including homeless persons, abused children, people over age 62, migrant farm workers, battered spouses, illiterate adults, severely disabled adults, and persons with AIDS. 5 Project Name Monument Crisis Center - Critical Safety Net Resources for Families and Individuals
Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $15,000

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Description The Monument Crisis Center offers wrap-around safety net services through on-site food distribution, direct referrals to shelter, referrals and workshops for financial assistance, referrals and access to health care and health care services, basic employment workshops, courtmandated community service programs, on-site legal and crisis support services.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
2,000 homeless and low-income individuals will receive services.

Location Description 1990 Market St, Concord, CA 94520
Planned Activities The Monument Crisis Center offers wrap-around safety net services through on-site food distribution, direct referrals to shelter, referrals and workshops for financial assistance, referrals and access to health care and health care services, basic employment workshops, court mandated community service programs, on site legal and crisis support services.
6 Project Name CC Senior Legal Services - Legal Services for Seniors Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $11,250
Description Contra Costa Senior Legal Services provides vital legal assistance to residents of the County aged 62 and over in areas such as eviction defense, protection from elder abuse and consumer debt.(LMC/05A) Target Date 6/30/2023
Estimate the number
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100 seniors will receive legal services.

Location Description 2702 Clayton Rd., Ste. 202 Concord CA 94519

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Planned Activities Contra Costa Senior Legal Services provides services essential to the health and well-being of older residents of Concord to help them stay housed and to protect against elder abuse and unscrupulous consumer debt practices.
7 Project Name Food Bank - Collaborative Food Distribution Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $12,500
Description Operate a year-round food program which collects and distributes nutritious food to low-income households through three of its direct food distribution programs: Food for Children, Senior Food Program, and Food Assistance Program. 05W
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
5,000 Low-to-moderate income individuals will receive nutritious food Location Description Main Office/Warehouse: 4010 Nelson Avenue, Concord, California 94520. Food is distributed at various sites throughout the City.

Planned Activities Operate a year-round food program which collects and distributes nutritious food to low-income households through three of its direct food distribution programs: Food for Children, Brown Bag for Seniors, and Food Assistance program.
8 Project Name Empowered Aging
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000

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Description Empowered Aging serves older and dependent adults who live in the nearly 500 long-term care facilities in Contra Costa County. The majority of the clients served are older adults (65+), with disabilities and impairments requiring care and assistance with at least three activities of daily living. Approximately 30% of those individuals are lowincome and more than half experience the effects of dementia and two additional co-occurring conditions such as diabetes, heart disease, mental illness etc.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
200 frail elderly and disabled residents will receive advocacy services.

Location Description Services will be provided in long term care facilities throughout the City Planned Activities Dependent adults and elderly residing in long term care facilities will have access to safe and secure environments through the advocacy of trained and certified Ombudsmen who investigate abuse and ensure compliance of facilities with Title 22 California Code of Regulation 9 Project Name STAND! - Rollie Mullen Center Emergency Shelter Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description STAND's Emergency Shelter can accommodate up to 24 adult survivors and their children who are fleeing from violent relationships for up to 3 months at no cost. As part of a continuum of care at STAND!, the Shelter provides clients with access to comprehensive supportive services including food, clothing, social and legal advocacy, vocational assistance, childrens services, housing and other referrals, and evidence-based counseling transitioning clients toward independence.

Target Date 6/30/2023

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25 persons (10 women and their children) will receive emergency shelter and support services.

Location Description Shelter is located in an undisclosed location.

Planned Activities STAND’s Rollie Mullen Center will provide emergency shelter to 10 women and their children fleeing life-threatening violent relationships at no cost for up to 3 months. The shelter provides clients with access to comprehensive supportive services, including food, clothing, social and legal advocacy, vocational assistance, child care, housing referrals, and evidence-based counseling to aid in transitioning clients toward independence.
10 Project Name Meals on Wheels Diablo Region (MOW)
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description Meals on Wheels delivers nutritious meals to all frail, home bound seniors living in Contra Costa County to help them live at home in safety, in comfort and with dignity for as long as possible. Clients are 62+ years old, home bound, and are unable to shop and/or prepare meals for themselves. Seniors benefit from daily health and wellness checks from volunteer drivers and ongoing client monitoring through in-home visits by outreach workers.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
150 seniors will receive a hot, nutritious lunch delivered to their home.

Location Description Main Office: 1300 Civic Dr, Walnut Creek, California 94596. Meals are delivered to seniors homes throughout the City
Planned Activities Deliver nutritious meals to frail, home-bound seniors to help them to live at home in safety, in comfort, and with dignity for as long as they can.

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11 Project Name ECHO - Tenant/Landlord Counseling and Dispute Resolution Services Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description ECHOs staff shall provide information and build community awareness with regard to housing rights and responsibilities to both tenants and landlords residing in Antioch, Concord, Walnut Creek, and Urban County. Services shall include telephone counseling regarding housing rights and responsibilities, dispute resolution, development and distribution of flyers and brochures, conducting housing clinics and community presentations. 05K
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 low-to-moderate income Concord residents will receive Tenant/Landlord Services.

Location Description Main Office: 770 A St, Hayward, California. Services are provided by phone and at various locations throughout the County.

Planned Activities Concord residents will have access to Tenant/Landlord counseling services, as well as access to community activities throughout the year.

Legal advice and representation will be provided for housing issues that cannot be resolved through counseling.
12 Project Name Winter Nights Family Shelter, Inc.

Target Area City of Concord
Goals Supported H-1 Emergency Shelter and Homeless Related Svcs Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description The project will provide rotating emergency shelter for homeless adults and their children. (LMC/05)
Target Date 6/30/2023

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Program will serve 10 homeless adults and children.

Location Description The shelter is located at various churches throughout the County on a two-week rotation.

Planned Activities The project, which rotates to different churches for two week periods, will provide emergency shelter, food, tutoring, transportation, case management and housing placement assistance to homeless families from October through May each year.
13 Project Name Meals on Wheels Diablo Region - Senior Nutrition - CC Cafes Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description MOWDR SOS Senior Nutrition/C.C. Cafes program serves hot, nutritious lunches Monday-Friday to persons age 60 and older at six (6) senior centers: Bay Point, Concord, Crockett, Pittsburg, Rodeo, and Walnut Creek. Seniors receive a balanced, nutritious meal, and benefit from socialization opportunities with their peers and with volunteers.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
200 seniors age 62 and over will receive a hot, nutritious lunch.

Location Description Concord Senior Center 2727 Parkside Circle Concord, California Planned Activities The Senior Nutrition/CC Cafes Program will serve hot, nutritious lunches Monday through Friday to persons age 62 and over at the Concord Senior Center.
14 Project Name Family Justice Alliance - Family Justice Navigation Program Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development

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Funding CDBG: $10,000
Description Provide navigation services to victims of domestic violence, sexual assault, child abuse, elder abuse and human trafficking.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
250 victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking will receive services.

Location Description 2151 Salvio Street, Suite 201, Concord, CA 94520 Planned Activities Navigation services will be provided to victims of domestic violence, sexual assault, child abuse, elder abuse and human trafficking guide them to safety, self-sufficiency and empowerment.
15 Project Name Community Violence Solutions - Children's Interview Center-Child Sexual Assault Intervention
Target Area City of Concord
Goals Supported CD-3 Youth
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description The Children's Interview Center program of CVS serves children sexual assault victims aged 2-17 years and their non-offending family members who are involved in child sexual assault investigations. We also provide services to developmentally disabled individuals of any age. These participants are referred from all areas and cities of our county and only by law enforcement and social services.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Provide 65 child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services.

Location Description 2101 Van Ness Street, San Pablo, CA 94806 Planned Activities Provide child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services.

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16 Project Name Monument Impact - Emerging Business Support Program Target Area City of Concord
Goals Supported CD-5 Economic Development
Needs Addressed Non-Housing Community Development
Funding CDBG: $20,000
Description Catalyze entrepreneurship and self sufficiency wages among low income immigrants and refugees in Concord by providing navigation and support to small business owners through the business formalization process.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
10 low-to-moderate income individuals will receive individual advising.

Location Description 2699 Monument Blvd. Suite G Concord, California 94520 Planned Activities Assist low-income individuals to achieve self-sufficiency by starting and/or growing a microenterprise. The project will support existing and emerging businesses to qualify for and/or secure a business license. 17 Project Name Opportunity Junction - Healthcare Career Pathway Target Area City of Concord
Goals Supported CD-5 Economic Development
Needs Addressed Non-Housing Community Development
Funding CDBG: $20,000
Description The Healthcare Career Pathway program equips low-income job seekers to enter the healthcare workforce as Certified Nursing Assistants and build stable careers while providing critical patient care to the low-income, aging population. The program combines training needed for certification with life skills, case management, career skills, job placement, and long-term follow-up.

Target Date 6/30/2023

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5 people will enter the healthcare workforce as Certified Nursing Assistants.

Location Description Office: 3102 Delta Fair Blvd. , Antioch, CA 94509 Instructional site: Mt. Diablo Adult Education, 1266 San Carlos Avenue, Concord, CA 94518
Clinical sites: San Miguel Villa, 1050 San Miguel Rd, Concord, CA 94518 and Tampico Terrace, 130 Tampico, Walnut Creek, CA 94598 Planned Activities The program combines training needed for Certified Nursing Assistant certification with life skills, case management, career skills, job placement, and long-term follow-up.
18 Project Name Bay Area Crisis Nursery
Target Area City of Concord
Goals Supported CD-3 Youth
Needs Addressed Non-Housing Community Development
Funding Child Care Developer Fees: $50,000
Description The Crisis Nursery provides short-term residential/shelter services and emergency childcare for children ages birth through five years. (LMC/05L)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
50 families will receive emergency childcare services.

Location Description 1506 Mendocino Dr, Concord, CA 94521 Planned Activities The Bay Area Crisis Nursery provides emergency residential/shelter services and childcare for young children birth through 5 years, as well as emergency childcare and residential/shelter services for children living in families who identify as experiencing a crisis or parental stress, are at-risk of child abuse or neglect, or who have been previously abused or neglected and have been reunited with natural family.

Project Name Mt. Diablo School District - CARES After School Program

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19 Target Area City of Concord
Goals Supported CD-3 Youth
Needs Addressed Non-Housing Community Development
Funding Child Care Developer Fees: $50,000
Description The CARES Program provides comprehensive, on-site after school programs to approximately 1250 students at five elementary schools and two middle schools in the Monument Corridor, Solano Way and Willow Pass neighborhoods. (LMC/05D)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
1250 children and their families will benefit from on-site, after school programs.

Location Description Services will be provided at five elementary schools and two middleschools in Concord.

Planned Activities The CARES Program will provide comprehensive, on-site and remote after school programs to provide services to students at five elementary schools and two middle schools in the Monument Corridor, Solano Way and Willow Pass neighborhoods, including academic support and intervention, arts and enrichment, health and nutrition education, sports and fitness activities, leadership and youth development and family events
20 Project Name CC Child Care Council - Road to Success Target Area City of Concord
Goals Supported CD-5 Economic Development
Needs Addressed Non-Housing Community Development
Funding Child Care Developer Fees: $21,300
Description The project will recruit, train and support very low-income, low-income and moderate-income residents who desire to start and maintain stable microenterprises as they become successful licensed family child care providers. (LMC/18C)
Target Date 6/30/2023

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20 Concord residents will receive assistance in starting or maintaining a home-based family child care business.

Location Description 1035 Detroit Ave Ste 200, Concord, California 94518 Planned Activities The program will provide microenterprise assistance to very lowincome, low-income and moderate-income Concord residents who want to maintain or start stable small businesses as licensed homebased family child care providers. 21 Project Name City Housing Conservation Program - Loans & Grants Target Area City of Concord
Goals Supported AH-1 Existing Housing Stock
Needs Addressed Affordable Housing
Funding CDBG: $275,417
Revolving Loan Fund: $100,000
Description Program assists Low and Moderate income Concord homeowners with loans to $75,000 and grants to $25,000 to rehabilitate their single family or mobile homes and address emergency, weatherization, security, handicap accessibility and other issues. (LMH/14A) Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
20 low- to moderate-income owner-occupied households will receive grants or loans to preserve the City's existing housing stock.

Location Description Repairs are done at the homes of low-income residents throughout the City.

Planned Activities The City's Housing Conservation Program will provide grants and loans for home repairs to low-income homeowners of single family homes and mobile homes. The program provides home repair loans, emergency repair and accessibility grants, weatherization and home security grants for seniors and lead-based paint abatement grants. 22 Project Name City Engineering - ADA Transition Plan
Target Area City of Concord

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Goals Supported CD-6 Infrastructure/Public Facilities
Needs Addressed Non-Housing Community Development
Funding CDBG: $300,000
Description Program installs curb ramps that provide access to sidewalks and public transportation and constructs/replaces sidewalks throughout the City where gaps and uplifted sidewalks create barriers for the mobility impaired. (LMC/03L)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
8,000 mobility impaired residents will have safe access to sidewalks and businesses.

Location Description Various locations throughout the City Planned Activities This project will implement portions of the City’s ADA transition plan by removing barriers, constructing sidewalks and installing curb ramps. 23 Project Name City Housing Administration
Target Area City of Concord
Goals Supported AH-1 Existing Housing Stock
Needs Addressed Affordable Housing
Funding CDBG: $160,000
Description Project provides funding for administration of the portion of the housing rehabilitation program that is CDBG eligible, including City of Concord and Habitat for Humanity staff time to administer the program and costs of loan processing, inspections, etc. Habitat for Humanity will administer the program including application review and approval, completion of contracts and loan documents and construction management. City staff will have oversight of the program including outreach to homeowners, final approval of loans, processing of payments to contractors and tracking expenditures for accuracy and appropriateness. (14H)
Target Date 6/30/2023

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20 low-to moderate income owner-occupied households will receive assistance with loans or grants to preserve the City's housing stock Location Description City Offices: 1950 Parkside Drive Concord, California 94519 Habitat for Humanity Offices: 2619 Broadway, Oakland, CA, 94612 Planned Activities This project will administer CDBG funds for the housing rehabilitation grant and loan program in a manner that is fiscally responsible and that ensures compliance with all applicable Federal rules and regulations. The City will work with Habitat for Humanity to administer the program.
24 Project Name City Child Care Developer Fee (CCDF) Administration Target Area City of Concord
Goals Supported CD-7 Administration
Needs Addressed Administration
Funding Child Care Developer Fees: $28,700
Description Project administers CCDF program and ensures compliance with all local rules and regulations. (21A)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
CCDF will administer funds for a children’s after school program that serves 1,250 students and an economic development project that provides support to 20 in-home child care providers and emergency child care center that provides services to 50 families.

Location Description City Offices: 1950 Parkside Drive, Concord, California 94519 Planned Activities City of Concord will administer the CCDF program in a fiscally responsible manner and will ensure compliance with all applicable local rules and regulations.
25 Project Name CDBG Administration
Target Area City of Concord
Goals Supported CD-7 Administration
Needs Addressed Administration
Funding CDBG: $214,427

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Description Project administers CDBG entitlement grant program and ensures compliance with all applicable rules and regulations. (21A) Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Through the administration of CDBG funds, City staff will ensure essential services are provided to residents throughout Concord.

Location Description City Offices: 1950 Parkside Drive Concord, California 94519 Planned Activities City of Concord will administer CDBG entitlement grant program in a fiscally responsible manner and will ensure compliance with all applicable Federal rules and regulations.

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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed CDBG Funds are allocated throughout the City of Concord to respond to priority needs.

Geographic Distribution
Target Area Percentage of Funds
City of Concord 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Concord does not allocate funds on a geographic basis. The City will prioritize the use of its CDBG funding for the conservation of affordable housing for low-income households and to address homelessness. Infrastructure improvements will be focused on those city-wide barrier removal priorities noted in the City’s ADA Transition Plan. Investments in public facilities and services serving the homeless, special needs populations and low to moderate income persons will be made by allocating funds to local organizations that provide services to low-income households throughout the City.

Discussion
CDBG Funds are allocated throughout the City of Concord to respond to priority needs.

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AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction
High land and development costs constrain housing production throughout the Bay Area, and place a significant constraint on the production of housing for low- and moderate-income households. Contributing factors include the cost of land, materials, labor, fees and associated development requirements, sales commissions, and developer profits.

The Department of Housing and Urban Development defines affordable housing as housing for which the owner or tenant pays less than 30 percent of the household income. The cost of housing vis-à-vis income directly impacts the degree of affordability. If housing costs are high relative to income, there will be a correspondingly higher prevalence of borrowing in the case of home owners, and overpayment in the case of renters. Overcrowding also increases as people turn to sharing homes and apartments to reduce housing costs. Furthermore, households with unaffordable housing costs will have less income available to spend elsewhere, and may have difficulty affording food, healthcare, transportation, or other goods and services.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City took several steps in recent years to remove governmental constraints that are barriers to affordable housing. These include adoption of additional Development Code technical revisions to clarify interpretations and streamline processing, implementation of the Downtown Specific Plan, adoption of the Todos Santos Design Guidelines, adoption of the Housing Element Update 2014-2022, launch of the Home Share Pilot Program, adoption of a Residential Tenant Protection Program, and working with the Contra Costa Water District to reduce facility reserve charges for small accessory dwelling units with the goal of reducing the hurdles and challenges involved in an effort to add to the City's affordable housing inventory. To further encourage accessory dwelling units and junior accessory dwelling units, the City reduced the size allowance to 150 sq. ft. for lots of any size and increased the size allowance to 1,200 sq. ft. for lots greater than 12,000 sq. ft. Another alleviated constraint included outlining the process for requesting payment of a parking in-lieu fee, which is subsidized below the actual cost of providing the parking on-site.

Discussion
As Concord looks to the future, the City is developing plans for key infill and other development sites that will shape the next phase of residential and commercial development in Concord. Planning for the City’s existing and future housing needs will be an essential

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element of this process, and the City in continuing its history of planning for housing for all segments of the population.

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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Priority is assigned based on the level of need that is demonstrated by the data that has been collected during the preparation of the Plan, the information gathered during the consultation and citizen participation process and the availability of resources to address these needs. Based on all of these components, affordable housing, homelessness, non-housing community development needs and grant administration are all considered “high” priorities.

Actions planned to address obstacles to meeting underserved needs Special needs groups such as elderly/frail elderly, persons with disabilities, persons who suffer from alcohol and other drug addictions, persons who are victims of domestic violence and persons living with HIV/AIDS live throughout the City. Given that these special needs populations have various obstacles to accessing housing and various services, the City of Concord will continue to provide CDBG funds for housing rehabilitation activities, public facility/infrastructure improvements, and public service activities that improve the quality of life for special needs groups.

Concord addresses the needs of children by funding various programs that assist low-income families, such as the Monument Crisis Center and the Food Bank. In addition, the City provides Child Care Developer Fees to the Mt. Diablo School District CARES After School program to provide after school activities that include sports, arts and crafts and healthy eating. This program provides on-site after-school care to 1,200 children at five elementary and two middle schools.

The City also supports services that assist the homeless with accessing food, shelter, benefits and permanent housing. The CORE Outreach Team delivers services to homeless individuals in encampments and on the streets, providing basic needs supplies and connecting people to local services and housing.

Actions planned to foster and maintain affordable housing In July, 2020, in an effort to curb the rising cost of rental housing in the City, the Concord City Council approved an ordinance that established the Residential Tenant Protection Program (RTTP). The program adds additional protections to State Legislation AB 1482, increasing the amount of relocation assistance to two times the monthly rent or $5,000, whichever is greater, and requiring that landlords offer minimum lease terms to tenants.

The Concord Naval Base Reuse Project includes a total of up to 12,280 housing units over a 30- year time horizon, with 25 percent of the units affordable to low income households. Such housing will occur through scattered sites, with proximate access to transit, and be spread throughout the development phases of the Specific Plan.

Actions planned to reduce lead-based paint hazards
Lead-based paint management and abatement has been incorporated into the City of Concord’s Home Rehabilitation Loan and Grant Program. Lead-based paint abatement grants up to $22,500

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are provided to low-income homeowners (households earning at or below 80% of the Area Median Income [AMI]). The City requires that recipients of funds from the Housing Rehabilitation Loan and Grant program sign HUD’s Notification for Lead Based Paint and that any abatement required be included in the home’s repairs.

Actions planned to reduce the number of poverty-level families Concord employs a variety of strategies to help alleviate poverty in the City, including efforts to stimulate economic growth and job opportunities, and to provide residents with the skills and abilities required to take advantage of those opportunities. The City uses a portion of its CDBG funding to provide grants to non-profit agencies to operate the Public Services programs that serve the homeless and address fair housing issues in the community, which directly impact povertylevel individuals. Concord also funds economic development activities designed to support lowincome individuals in achieving self-sufficiency through starting and/or growing microenterprises. The City, through its various departments, provides services and supports programs that promote personal responsibility, independence and self-sufficiency.

Actions planned to develop institutional structure
The Contra Costa County Consortium was formed by the County of Contra Costa and the cities of Antioch, Concord, Pittsburg and Walnut Creek to develop a collaborative approach to administering and implementing the goals and objectives of their respective CDBG programs. The Consortium members coordinate Consolidated Planning efforts and have developed a streamlined process for applying for CDBG/HOME/ESG funds that allows applicants to complete one application for multiple jurisdictions and, once funded, complete one periodic performance report for all funding jurisdictions. This joint effort has eased the administrative burden for Subrecipients and allows jurisdictions to easily share information. Furthermore, the Consortia established a multiple-year funding cycle that has greatly reduced the time spent on completing and reviewing applications for both Subrecipients and CDBG/HOME staff respectively.

Each entitlement jurisdiction in the Consortia completes its own annual planning and allocation process, including preparation and completion of its annual Action Plan, as well as its Consolidated Annual Performance Evaluation Report (CAPER). These planning efforts have a high degree of coordination with Consortium members working together to closely align CDBG allocations, helping to maximize funding and to ensure collaboration between agencies.

Actions planned to enhance coordination between public and private housing and social service agencies
The majority of the City's goals and objectives within the Consolidated Plan and Annual Action Plan are met through activities that are carried out by Subrecipients that are primarily public and private agencies within the County, including non-profit organizations. There is ongoing concern about the long-term capacity of the non-profit community during these severe budgetary times and their ability to comply with often complex federal regulations and requirements in implementing federally funded programs. Concord will continue to support these agencies by providing technical

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Annual Action Plan
2022
44 OMB Control No: 2506-0117 (exp. 09/30/2021)
assistance, helping to establish collaboration between agencies and with funding, when possible Discussion
The City of Concord works closely with public and private affordable housing providers as well Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact.

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Annual Action Plan
2022
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 28,000

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 28,000
Other CDBG Requirements

1. The amount of urgent need activities 100

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
100% of CDBG funds allocated to the City of Concord will be used to benefit low to moderate income residents.

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Attachment 2
Must
Fund
ECHO (Eden Council of Hope
& Opportunity) Fair Housing Services $10,000 $10,000
1 Monument Crisis Center
Critical Safety Net
Resources for Families &
Individuals
$15,000

98.714
$15,000
2 Food Bank of Contra Costa &
Solano
Collaborative Food
Distribution $12,500 97.429 $12,500
3 Meals on Wheels Diablo
Region Senior Nutrition - CC Cafes $14,000 97.429 $10,000 4 Meals on Wheels Diablo
Region Meals on Wheels Program $16,000 97.286 $10,000
5 STAND! For Families Free of
Violence
Rollie Mullen Center
Emergency Shelter $10,000 97.000 $10,000
6 Contra Costa Crisis Center Crisis/211 Contra Costa $12,500 96.286 $12,500 7 Empowered Aging Ombudsman Services $10,000 95.500 $10,000 8 Contra Costa Family Justice
Alliance
Family Justice Navigation
Program $10,000 94.714 $10,000
9 Contra Costa Senior Legal
Services Legal Services for Seniors $14,000 94.667 $11,250 10 Contra Costa County Health
Services - Health, Housing,
and Homeless Services
CORE (Coordinated
Outreach, Referral, and
Engagement) Countywide
$12,500 94.333 $12,500
11 CASA (Court Appointed
Special Advocates) Serving All Foster Children $12,000 94.000 $11,250 12 Winter Nights Family Shelter,
Inc Winter Nights Family Shelter $10,000 93.143 $10,000 13 ECHO Housing
Tenant/Landlord Counseling
and Dispute Resolution
Services
$25,000

93.000
$10,000
14 Community Violence Solutions CIC Child Sexual Assault Intervention $10,000 88.714 $10,000
15 Trinity Center Walnut Creek Trinity Center Walnut Creek Day Shelter Services $20,000

88.286
Not
Recommended
16 Lions Center for the Visually
Impaired
Independent Living Skills for
Blind and Visually Impaired
Adults
$10,000 86.000 Not
Recommended
1 Bay Area Crisis Nursery Bay Area Crisis Nursery $50,000 97.571 $50,000 2 Mt.Diablo Unified School
District
CARES After School
Program $50,001 94.286 $50,000
3 CoCoKids, Inc. Road to Success $21,300 93.000 $21,300 1 Opportuntiy Junction Healthcare Career Pathway $20,000 96.571 $20,000 2 Monument Impact
Technology for
Success/Emerging Business
Support Program $20,000 95.000 $20,000
Requested
Funding SCORE Funding Estimate
Community Services Commission
FY 2022/23 CDBG Ranking & Funding Recommendations
Economic Development
Child Care Developer Fees FundingE
stimate $121,300
Funding
Estimate $40,000
Funding
Estimate
Public Services $165,000
App # Agency Program

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PUBLIC SERVICES
CASA (Court Appointed Special Advocates) Serving All Foster Children $11,250 Community Violence Solutions CIC Child Sexual Assault Intervention $10,000 Contra Costa County Health Services -
Health, Housing, and Homeless Services
CORE (Coordinated Outreach,
Referral, and Engagement)
Countywide
$12,500
Contra Costa Crisis Center Crisis/211 Contra Costa $12,500 Contra Costa Family Justice Alliance Family Justice Navigation Program $10,000 Contra Costa Senior Legal Services Legal Services for Seniors $11,250 ECHO (Eden Council of Hope & Opportunity) Fair Housing Services $10,000 ECHO Housing Tenant/Landlord Counseling and
Dispute Resolution Services $10,000
Empowered Aging Ombudsman Services $10,000
Food Bank of Contra Costa & Solano Collaborative Food Distribution $12,500 Meals on Wheels Diablo Region Senior Nutrition - CC Cafes $10,000 Meals on Wheels Diablo Region Meals on Wheels Program $10,000 Monument Crisis Center Critical Safety Net Resources for Families & Individuals $15,000
STAND! For Families Free of Violence Rollie Mullen Center Emergency Shelter $10,000
Winter Nights Family Shelter, Inc Winter Nights Family Shelter $10,000 $165,000

INFRASTRUCTURE
City of Concord Engineering ADA Transition Plan $300,000 $300,000

ECONOMIC DEVELOPMENT
Monument Impact Emerging Business Support $20,000
Opportunity Junction Healthcare Career Pathway $20,000
$40,000

HOUSING REHABILITATION
Habitat for Humanity Housing Rehabilitation Loan & Grant Program (CDBG) $275,417
Habitat for Humanity Housing Rehabilitation Loan & Grant Program (Revolving Loan Funds) $100,000
Habitat for Humanity Administration $130,000
City of Concord Housing Administration $30,000
$535,417
$214,427
$1,254,844
Mt.Diablo Unified School District CARES After School Program $50,000 CoCoKids Road to Success $21,300
Bay Area Crisis Nursery Bay Area Crisis Nursery $50,000 $28,700
$150,000
Attachment 3
FY 2022/23 Action Plan Funding Recommendations

TOTAL CHILD CARE DEVELOPER FEE GRANTS
Agency Program

ADMINISTRATION

CDBG PROGRAM ADMINISTRATION
TOTAL FY 2022/23 CDBG FUNDING

CHILD CARE DEVELOPER FEES (CCDF)
2022/23 Funding

TOTAL ECONOMIC DEVELOPMENT

TOTAL HOUSING REHABILITATION

TOTAL PUBLIC SERVICES

TOTAL INFRASTRUCTURE
2022/23 Funding
Recommendations

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1. Award of a construction contract in the amount of
$2,147,000 to St. Francis Electric, LLC; authorizing staff to utilize the available project contingency for contract
change orders that become necessary up to 10% of the
contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approval of an Agreement for Professional Services with Park Engineering, Inc. in the not-to-exceed amount of
$177,627 (base agreement of $161,479.19 plus staff
authority to spend up to a 10% contingency of $16,479.81) to provide construction management, inspection, and
materials testing services; and authorizing the City
Manager to execute the agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, 15301, 15302, 15303, 15304, 15305, Public Resources Code Section 21065, and/or 21080.19.

8.l

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City Council Agenda Report
Agenda Item No. 8.l
June 28, 2022
Report in Brief
The Willow Pass Road Signal Upgrade (Project No. 2538) project involves installing fiber optic conduit and lines connecting 10 signalized intersections along Willow Pass Road, from Grant Street to Landana Drive. Equipment at various intersections are to be added and upgraded. See attached location map (attachment 1).

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in September 2022 and be completed by January 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.

Recommended Action

1. Award the construction contract in the amount $2,147,000 to St. Francis Electric, LCC for the Willow Pass Road Signal Upgrade Project (Project No. 2538); 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.

2. Approval of an Agreement for Professional Services with Park Engineering, Inc. in the not-to-exceed amount of $177,627 (base agreement of $161,479.19 plus staff authority to spend up to a 10% contingency of $16,479.81) to provide construction management, inspection, and materials testing services for the Willow Pass Road Signal Upgrade Project (Project No. 2538) and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
The Willow Pass Road Signal Upgrade (Project No. 2538) was created and funded as part of the 2-Year Capital Improvement Program Budget for FY 2020-2022 approved by City Council on June 2, 2020.

The goal of the project is to improve safety and traffic flow along Willow Pass Road by improving traffic signal synchronization and the City’s ability to make changes to the signals’ timing remotely. The project involves installing fiber optic conduit connecting 10 signalized intersections along Willow Pass Road, from Grant Street to Landana Drive.

The project is prioritized in the City of Concord’s adopted Broadband Master Plan.

Various intersections are to be modified and will include new signal controllers and cabinets, CCTV cameras, count down pedestrian modules, ADA buttons, preemption, video detection, audible signals, fiber connection, and new switches.

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City Council Agenda Report
Agenda Item No. 8.l
June 28, 2022
A direct connection of the fiber optic network to the Civic Center will be incorporated and would directly connect the Civic Center to the Corporation Yard, police station and provide connectivity to other City assets.

Procurement Process
Construction Contract
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $2,300,000. Bids were opened on May 26, 2022. Three (3) bids were received in the amount ranging from $1,980,000 to $2,975,510. The basis of award for this project is the Base Bid. The lowest bid was received from St. Francis Electric, LLC (St. Francis) of San Leandro, CA. A summary of the three bids is as follows:

BID SCHEDULE
Engineer's
Estimate
St. Francis
Electric
Ray's
Electric
Tennyson
Electric
Base Bid $ 2,214,000 $ 1,894,000 $ 2,640,605 $ 2,877,745 Bid Alternative 1 $ 86,000 $ 253,000 $ 125,380 $ 97,765 Total Bid $ 2,300,000 $ 2,147,000 $ 2,765,985 $ 2,975,510 St. Francis was the low bidder and submitted a responsive and responsible bid. The apparent third lowest bidder, Tennyson Electric, Inc. submitted an incomplete bid package and was deemed a non-responsive bidder.

Although St. Francis’ bid did have a discrepancy in one bid item, it did not affect their standing as the low bidder. The company has an appropriate and valid contractor’s license and satisfactory work references. St. Francis was recently awarded on May 24, 2022 the construction contract for the Citywide Traffic System Upgrade Project, Project No. 2493.

Staff completed analysis of St. Francis bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. St. Francis is registered with the Department of Industrial Relations as required by SB 854.

The City reserved the right to include any combination of the additive bids to the project at its own discretion. Staff has determined there are sufficient funds to award the Base Bid and Bid Alternative 1.

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City Council Agenda Report
Agenda Item No. 8.l
June 28, 2022
Construction Management
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. As no proposals were received by the May 5, 2022, deadline, City staff directly solicited bids from the on-call Master Service Agreement (MSA) for project and construction management.

Based on the analysis of the proposal received, Park Engineering, Inc. (Park) of Orinda, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Willow Pass Road Signal Upgrade (Project No. 2538). City Staff and Park negotiated the scope of work, and cost for the services, and agreed upon $161,479.19 as a fair and reasonable compensation for the services needed to complete the construction phase of this project. City staff has included a 10% contingency of $16,479.81 bringing the total potential contact amount to $177,627 should the full contingency be necessary.

Financial Impact
The current total budget for this project is $3,160,000 and is funded by PEG Fees Fund (Fund 225), Measure V (Fund 407), Measure J Local (Fund 475), and Information Tech Replacement Fund (634). There are sufficient funds to award the construction contract, provide for construction management, inspection and materials testing services, staff oversight, and an approximate construction contingency of 10 percent.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, Public Resources Code Sections 21065 and/or 21080.19, award of this contract 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, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations as it involves maintenance on existing streets including fiber optic installation, traffic signal modifications, pavement, signage, striping, and adjusting utilities to grade. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 8.l
June 28, 2022
Attachments

1. Location Map

2. Bid Summary

3. Professional Services Agreement – Park Engineering

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Attachment 1
Project Location Map
Willow Pass Road Signal Upgrade – Project No. 2538

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City of Concord
Bid Sheet
PROJECT #2538 Bid Opening:

Willow Pass Road Signal Upgrade Project Thursday,
May 26, 2022
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $2.3 million To be awarded:

COMPANY TOTAL BID
St. Francis Electric, LLC.
975 Carden Street
San Leandro, CA 94577
$1,894,000
Ray’s Electric
411 Pendleton Way, Suite B
Oakland, CA 94621
$2,640,605
Tennyson Electric, Inc.
7275 National Dr., Suite A-2
Livermore, CA 94550
$2,877,745
non-responsive bidder
Contact: Aldrich Bautista x3028
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and Park Engineering, Inc, 372 Village Square, Orinda, Ca 94563 (“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 28, 2022 and expire on June 30, 2023.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed one hundred seventyseven thousand, six hundred twenty-seven dollars ($177,627.00) for the term of this Agreement. The total includes the sum of the base contract of one hundred sixty-one thousand, four hundred seventynine dollars and nineteen cents ($161,479.19) and a 10% contingency of sixteen thousand, one hundred forty-seven dollars and eighty-one cents ($16,147.81). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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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 Jaemin Park, PE, President.

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.

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.

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.

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:

D. Compliance with State Workers' Compensation Requirements.

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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.

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require complete certified copies of all required insurance policies at any time.

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.

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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.

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.

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contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

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: Jaemin Park, PE, President
Park Engineering
372 Village Square
Orinda, Ca94563
Phone: (925)257-2508
Email: [email protected]

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27. PROJECT STABILIZATION AGREEMENT. On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies

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as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jaemin Park Name: Valerie J. Barone
Title: PE, President Title City Manager
Address: 372 Village Square Address: 1950 Parkside Drive Orinda,Ca 94563 Concord, CA 94519
Telephone: (925)257-2508 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

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

THE SUM OF $177,627.00. Account Code 4079500C999-74250 / 4072538117-74250.

Finance Director's Signature

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May 19, 2022
Aldrich Bautista, P.E.

Associate Civil Engineer
City of Concord - Engineering Division (CIP)
1435 Gasoline Alley
Concord, CA 94520
RE: Proposal to Provide Construction Management Services for Willow Pass Road Traffic Signal Upgrade – Project No. 2538 Dear Aldrich:

Park Engineering, Inc. is pleased to submit our proposal to provide construction management services to the City of Concord for the Willow Pass Road Traffic Signal Upgrade, Project No. 2538. We are well qualified and highly motivated to provide construction management services to the City for this project. Park Engineering has performed construction management and inspection services on numerous projects that include traffic operations improvements in busy intersections, and we have the personnel with the experience and expertise to successfully complete this project for the City.

As Principal in Charge, I will provide technical support to the construction management staff and the City of Concord to ensure that the City has every resource necessary from Park Engineering for a successful project.

Project Understanding
Willow Pass Road Traffic Signal Upgrade Project involves installing fiber optic conduit and lines connecting signalized intersections along Willow Pass Road from Galindo Street to Landana Drive and Galindo Street from Willow Pass Road to the Concord Police Station.

Various intersections are to be modified and will include mobilization; traffic control and construction signage; installation of fiber optic communications cable in conduit, pull boxes, fiber optic splicing and testing; new signal controllers and cabinets, CCTV cameras, video detection, related hardware, and other items required by the contract documents. Other works include potholing, traffic control and construction signage, pedestrian detours, and water pollution control.

Scope of Services
Our proposed construction management staff has the expertise to meet the challenges anticipated on this project and will ensure that the work is successfully completed in accordance with all local, state and federal regulations. We will perform all the duties listed in the Detailed Scope of Work provided by the City of Concord for this project. Scope of work will include:
• Project Administration
• Quality Assurance, Inspection and Material Testing
• Public and Community Relations
• Post Construction
Orinda Office
372 Village Square
Orinda, CA 94563
Tel: 925-257-2508
Fax: 925-401-7030
Emeryville Office
3960 Adeline Street, #3
Emeryville, CA 94608
Tel: 925-257-2508
Fax: 925-401-7030
Exhibit A to Attachment 3

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Staffing and Availability
Our proposed Resident Engineer/Project Manager for the project is Steve Patterson, PE, who has over 30 years of experience managing transportation and public works projects built to local, Caltrans and federal standards. He has worked with the City on several improvement projects, including the Clayton Road Traffic Operations Improvements and the Central Concord Pedestrian Improvements Streetscape Project for the City, which both involved signal modifications and improvements at numerous locations in Concord. Steve also worked with the City on the Measure Q Paving Rehabilitation Project #8, West Concord Bikeways, Ellis Lake Restroom Installation Project and aided the close-out effort for the Detroit Avenue Pedestrian and Bicycle Improvements Project. Field work inspection and coordination efforts will be performed by Mike Johnson. Mike has worked on numerous local agency projects involving traffic signals for various agencies in Contra Costa County, including Cities of San Pablo, Richmond, Orinda, Martinez, and Contra Costa County. For all the projects, Mike was directly involved with close coordination with pedestrians, cyclists, local businesses and residents.

Steve and Mike are available for this project within the schedule and timeline anticipated in the contract documents, with the likelihood of sharing personnel with the City’s Project #2455, Monument Blvd Path. The sharing of personnel will afford some cost savings to the City for each project. Additional assistance for the project can be provided by additional Park Engineering personnel, if needed, with the approval of the City Project Manager.

To support Steve and Mike for any necessary materials testing, Applied Materials & Engineering, Inc. will be available to ensure all materials are in compliance with the requirements of the contract documents.

Should you have any questions or need additional information, please do not hesitate to contact me. I can be reached at 372 Village Square, Orinda, CA 94563, [email protected] and (925) 818-3756.

Sincerely,
Jaemin Park, PE
President
Attachments: Resumes and Cost & Task Proposal Narrative

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Resume
STEVE PATTERSON, P.E., PROJECT MANAGER / RESIDENT ENGINEER Years of Experience
30 Education
B.S. Civil Engineering, Michigan State University, East Lansing, 1991 Professional Registrations
Professional Engineer: California, #C54481, 1995
QSD / QSP: Certificate #22073
Key Qualifications
Steve Patterson’s experience includes roadway widening and rehabilitation, highways and interchanges, emergency slide and flood repairs, sound walls, MSE walls, retaining walls, storm box culverts, utility installations and relocations. He has worked in the capacity of Project Manager, Resident Engineer, Construction Inspector, and Office Engineer. Steve is familiar with the Caltrans Standard Specifications, Standard Plans, Construction Manual, Local Assistance Procedures Manual, and the “Greenbook” Standard Specifications for Public Works Construction.

Steve is experienced with supervising inspection staff, CPM schedules, project controls and costs, quality control/quality assurance, analyzing claims, preparing reports, planning personnel resources, negotiating contract change orders. Steve coordinated project work with utility companies, cities, counties, Caltrans, California Department of Fish and Game, Regional Water Quality Control Board, Union Pacific Railroad, private businesses, and the public.

Project Experience
• City of Concord, Multiple Projects
Steve was the Resident Engineer/Project Manager on the following projects:
✓ Denkinger Road Pavement Rehabilitation Project, $1.2M Resident Engineer for this locally funded project that rehabilitated the existing pavement for approximately 1 mile along Denkinger Road by full depth reclamation process. 7 curb ramps were also upgraded, spot repairs were made at various curb location, and final re-striping of the roadway ✓ Citywide Accessibility Improvement Project #6, $300,000 Resident Engineer for this federally funded project that upgraded 30 curb ramps with signal & striping improvements throughout the City.
✓ Measure Q Pavement Repair Project #8, $1.3M
Resident Engineer for this locally funded project that rehabilitated the existing pavement on 8 local streets along with the construction of ADA curb ramps and valley gutters. ✓ West Concord Bikeways, $80k
Resident Engineer for this locally funded project that revised the existing striping along Meridian Park Blvd to create a buffered Class II bike lane in both directions. ✓ Citywide Accessibility Improvements #4, $365k
Resident Engineer & inspector for this federally funded project that upgraded 45 curb ramps with signal & striping improvements throughout the City.
✓ Central Concord Pedestrian Improvements Streetscape Project, $3M – Resident Engineer for roadway resurfacing project that included work of both the mill and fill method and slurry seal, as well as replacement of non-ADA compliant curb ramps for 25 intersections in downtown Concord, a new traffic signal, and streetscape features installed near the Concord BART Station. ✓ Ellis Lake Restroom Project, $120k – A locally funded project to prepare the site and install the utilities for a new prefabricated 4-unit restroom building. Work also include new sidewalk construction, fencing installation and re-establishing adjacent irrigation system for the new grass planted.

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Resume
• San Rafael Sanitation District, Francisco Blvd East Main Replacement Project Steve was the construction manager on this $600,00 project that replaced about 800 feet of existing sewer main along Francisco Blvd East, included reconnection of sewer lateral connection to multiple business. Project work was coordinated simultaneously with a City sidewalk improvement project. • City of Millbrae, Hillcrest Subbasin 3 Sewer Modernization Project, City of Millbrae Resident Engineer for this $3 million sewer rehabilitation project. Open-cut & pipe-bursted main replacements, along with the replacement & reconnection work of all active sewer laterals. Other project work also includes rehabilitation of existing sanitary sewer manholes and roadway pavement & sidewalk/driveway concrete restoration related to the sewer improvements. • Cross Alameda Trail Project, Main to Constitution, City of Alameda Resident Engineer for this $5 million rail-to-trail conversion project. Steve was responsible for managing all aspects of this project including contract administration, contract compliance and acceptance, project costs and schedule, and public notifications/relations. Work included constructing separate bike & pedestrian trails, traffic signal upgrades, along with drainage and landscaping improvements and site furnishing installations.
• Annual and Measure J&L Paving Rehabilitation Project, City of Orinda - $10M This project was funded from both local and County funds. The project reconstructed 62 streets all over the City. Roadway rehabilitation method was primarily through Full Depth Reclamation, with only one location performing a 3-inch mill and fill of the existing roadway. The project also replaced numerous storm drain systems and replaced damage concrete lined ditches. Re-establishing utilities and survey monuments in the new roadway, replacement HMA dike & ditches and roadway striping were also part of the project work.
• City of San Rafael, Public Works & Engineering Department, San Rafael City Owned Property Improvements, Roadway and Drainage Improvements Steve was the Project Manager and Resident Engineer for numerous City Projects ranging in construction costs from $30,000 to $2 million and including street rehabilitation, curb ramp improvements, drainage improvements, bridge resurfacing, City-owned facility improvements and sanitary sewer replacements. Assisting City Staff to develop and/or assist delivery of project documents for construction, advertise projects for bidding, answer pre-bid questions and evaluate bids, conduct pre-construction meetings and monitor contract progress for contract compliance, document the field activities and wrap-up completion documents.
• Moraga Road Utility Undergrounding, Sidewalks & Pavement Resurfacing Projects, Town of Moraga Steve was the Resident Engineer/Project Manager on these three projects for the Town of Moraga that were construction simultaneously.
✓ Utility Undergrounding, $1.7M – A Rule 20A project with PG&E for the Town to convert existing overhead utilities to new underground facilities along one of the main roadways for the Town. ✓ Bicycle & Pedestrian Improvements, $160k – A federally funded project to construct about 300 LF of sidewalk to connect two critical side streets along Moraga Road. ✓ Resurfacing Project, $800k – A federally funded project that removed and replaced the top 3- inches of existing Moraga Road from St. Mary’s Road to Draeger Road. With most of the project consisting of only a 2-lane road, daily one-way traffic control was required to complete the contract work on one of the Town’s busiest roadways. Concrete curb ramps, base failure repairs, slurry seal and final pavement delineation will also be a part of the contract work.

Countywide Microsurfacing Project – Contra Costa County Public Works Department Steve was the Resident Engineer for the County on this $2 million project. The project scope included:
applying micro-surface treatment to 21 miles of roadway on ten roads at seven separate locations. Work included surface preparation, stripe removal, thermoplastic striping and Class II bike lanes.

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RESUME

MIKE JOHNSON, ASSISTANT RESIDENT ENGINEER/FIELD ENGINEER Years of Experience
35+
Certifications and Training
California Standard Test Methods: 201, 202, 216, 217, 226, 227, 231, 375, 518, 533, 539-541 Nuclear Gauge Certified, ACI Level 1, Concrete Technician 40-Hour HazMat Certified
Key Qualifications
Mike’s experience in the construction industry includes construction inspection and materials testing on highway, bridge, and underground utility projects. He has intimate knowledge of Caltrans standards and has performed construction inspection and material testing in accordance with Caltrans requirements.

He is skilled in construction inspection, materials testing, concrete sampling, asphalt pavement inspection, pile driving and concrete placement, excellent communication skills, submittal review, progress pay estimates, and effective teaming with contractors, designers, oversight agencies, and the general public.

Representative Project Experience
• San Pablo Avenue Complete Streets Project (Federally Funded), City of San Pablo Mike was Construction Inspector for this $6M, multiple grant funded, roadway improvement project including streetscape and pavement rehabilitation. The Project is located along San Pablo Avenue between Rivers Street and Hilltop Drive. The project will improve San Pablo Avenue for all roadway users by adding Class 2 bike lanes in both directions of travel, constructing sidewalk along the western side of San Pablo. Existing traffic signals at all intersections will be replaced or modified and a new signalized intersection at La Puerta will be constructed. Two new retaining walls will be constructed along with a new soil nail wall to allow the roadway to be widened sufficiently to accommodate the new facilities for non-motorized roadway use. Additional improvements include storm drains, new electrical, standard and decorative street lighting, new trees and landscaping, and grinding and HMA overlay of majority of the roadway.
• Kirker Pass Northbound Truck Climbing Lane, Contra Costa County, CA Construction inspector for a $14 million, mile-long truck safety lane on Kirker Pass Road, one of Contra Costa County’s most traveled and most dangerous commute routes. Pavement widening on the east side of the roadway provides a 12-foot truck lane and an 8-foot paved shoulder. Project construction of six retaining walls adjacent to the road and paving of both north and southbound lanes. Funding sources include Measure J, the state Transportation Improvement Program, a state match, a local Streets and Road Program and gas tax revenues.
• I-80/ Central Avenue Operational Improvements Project – Phase I, Contra Costa Transportation Authority (CCTA), Richmond, CA
Construction Inspector. This project improves the traffic operations at the I-80/Central Avenue interchange and along Central Avenue between Rydin Road and San Pablo Avenue. The project will be completed in two phases. This phase redirects left turns from westbound Central Avenue onto I80 WB to the adjacent I-580 eastbound on-ramp at Rydin Road during weekend peak hours; and installs traffic signals at the I-580 ramps.

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RESUME
• Safe Routes to School - Cycle 1 Improvements, Federal-Aid Project No. SRTS-5137(038), City of Richmond, Engineering Services Department; Richmond, CA.

Construction Inspector. The Safe Routes to School Cycle 1 Improvements Project enhanced pedestrian safety near Ford, Grant, King, and Lincoln elementary schools in Richmond, by making improvements to asphalt and concrete infrastructure, including installing in-roadway lights, constructing ADA-compliant curb ramps, installing pavement striping and markings, and erecting safety signs.
• Sir Francis Drake Boulevard/Lagunitas Road Intersection, Town of Ross, Ross, CA Assistant Resident Engineer. This project included: removing corner pedestrian islands; reconfiguring right turning lane; constructing new curbs, sidewalks, curb ramps, and crosswalks; relocating and upgrading traffic and pedestrian signals; and installing new traffic signs and pavement markings along Sir Francis Drake Boulevard. The intersection of Sir Francis Drake Blvd (SFD) and Lagunitas Road was reconfigured with the intent of removing the right turn lane and islands, relocating the crosswalks and signals, providing ADA access, removing the Town Hall dropoff parking, reconfiguring the Marin Art and Garden Center (MAGC) entrance connection, extending the left turn lanes on both northbound and southbound SFD, improving drainage, and upgrading the existing bus stops to current transit standards.
• East Contra Costa Bay Area Rapid Transit (BART) Extension Project Transfer Platform and Guideway Improvements, Pittsburg, CA.

Construction Inspector. Site work constructed approximately 3.5 miles of rail transit facilities within the median of SR-4, West of BART's existing Pittsburg/Bay Point Station. Work included the construction of a platform for BART riders to switch trains, (from existing electrical to new diesel trains), electrical facilities, including an ancillary train control building, median traffic barriers and subgrade construction. Additional work encased an EBMUD 96” underground aqueduct with reinforced concrete (staging, excavation, placement).

Mike started out performing civil and structural inspection on the 110a project. He oversaw work on the barrier walls, duct banks, drainage and grading. Over the last 18 months, Mike has taken on the role of coordinating the work being done by Caltrans and CCTA for eBART. He has overseen 5 separate (and concurrent) highway contracts constructing barrier rails, drainage, duct banks, grading, pedestrian overcrossing, and bridges. He has done inspection, RFI and submittal processing, change orders, punch lists, etc. As construction inspector, Mike was responsible for all aspects of the proposed work for conformance with the plans and specifications, coordination with the Contractor's quality control program, project safety, SWPPP implementation and maintenance, traffic control and the documentation of the work using BART's online WongCMS program. He assisted the with the resolution of issues, tracking of work involved with RFIs and change orders and the analysis of merit and costs for contract claims. Mike attended the weekly meetings for all of the jobs, reviewed Caltrans documents, RFIs, submittals, etc. for the three (3) sites between Hillcrest and Railroad Ave.
• 2009 Pavement Management and Rehabilitation Program, Richmond, CA.

Construction Inspector. The objective of this project was to provide design management for the City’s pavement management plan and implementation of a pavement management program based on the plan. Site work involved the rehabilitation of existing asphalt concrete pavement throughout the City, which included base-failure repairs, crack sealing, chip sealing, slurry sealing, wedge and conform grinding, milling existing asphalt concrete, removal of surfacing and base, overlaying using conventional asphalt concrete and rubberized hot-mix asphalt (RHMA), constructing a concrete ADA curb ramp, driveway, curb and gutter, as well as the placement of striping and installing traffic signal detector loops.

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Regular
Rate
Overtime
Rate
Pre-Con Construction Close-out

BASE BID
Steve Patterson, PE
Resident Engineer
$ 204.29 $ 204.29 8 250 16 274 0 $ 55,976.07
Mike Johnson
Inspector
$ 154.90 $ 232.35 4 540 8 552 0 $ 85,503.12
Direct Cost
Applied Materials & Engineering $ 20,000.00
$ 161,479.19

2. 90 working days for base bid a per Contract Documents..

City of Concord
Willow Pass Road Signal Upgrade Project
City Project No. 2538
Name/Classification
Rates Hours
Total
Regular
Hours

1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties.

Cost
TOTAL =
Total
Overtime
Hours
(Estimate - As Needed)

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City of Concord
Willow Pass Road Signal Upgrade Project
City Project No. 2538
Task Narrative
Construction
Manager/ Resident
Engineer
Construction Inspector
Hours Hours
4 4 2
2 8 4
200 90
Project correspondence
Submittal reviews
Coordination with utilities
Responding to RFI's
Daily reports
Materials testing summaries
Quantity verifications
Checking certified payrolls
Resolving construction issues
Contract change orders
Weekly project meetings
Project schedule reviews
Tracking of working days
Project filing
Monthly progress payments
Dispute mitigation and resolution
Weekly updates to City
Project accounting and summaries
50 450
Construction inspection
Project documentation
Project photos
Quantity measurements
Quantity calculations
Daily reports
Coordination for materials testing
Verification of materials
Resolving field issues
Verifying layouts and grades
Pre Construction
Pre-Construction Hours
Set up project files and accounting system
Pre construction meeting
Pre construction photos and documentation
Construction
Contract management and administration:

Construction inspection and acceptance:

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City of Concord
Willow Pass Road Signal Upgrade Project
City Project No. 2538
Task Narrative
Construction
Manager/ Resident
Engineer
Construction Inspector
Hours Hours
Punchlist
Public relations
Coordination with contractor's field personnel
Verifying and enforcing safety orders
Tracking quantities and extra work
Performing employee interviews
250 540
4 4
1 4
8 2
1 16 8
Construction Hours
Post-Construction Hours
Final Estimate
Proposed Final Estimate
Final project fiing and accounting
Verifying As-Built plans
Final inspection
Post Construction

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Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System

Page 1 of 2 ends

March 2018
EXHIBIT10-KCONSULTANTANNUALCERTIFICATIONOF

INDIRECTCOSTS AND FINANCIALMANAGEMENTSYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. % OR
% and Field Office Rate (if applicable) %
Indirect Cost Rate: Combined
Rate 105.43
Home Office Rate
Facilities Capital Cost of
Money
% (if applicable)
Fiscal period * 1/1/2020 – 12/31/2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federallyfunded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

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Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System

Page 2 of 2 ends

March 2018
X
accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $_8,036,617_____ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 1 . • Years of consultant’s experience with 48 CFR Part 31 is 21 . • Audit history of the consultant’s current and prior years (if applicable) I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: Jaemin Park _
Signature:

Email**: [email protected]
Title**: President/CEO/CFO
Date of Certification (mm/dd/yyyy): 11/18/2021
Phone Number**: 925-818-3756
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.

Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations
☐
X
Cognizant ICR Audit ☐ Local Gov’t ICR Audit □ Caltrans ICR Audit ☐ CPA ICR Audit ☐ Federal Gov’t ICR Audit

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PROJECT STABILIZATION AGREEMENT

FOR THE CITY OF CONCORD

INTRODUCTION/FINDINGS A
This Project Stabilization Agreement is entered into this /!; day of ~I} ~eµ 2016, by and between the City of Concord (hereinafter, the "City"), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the "Agreement To Be Bound" (Addendum A) ( all of whom are referred to herein as "Contractors/Employers"), and the Contra Costa County Building & Construction Trades Council ("Council") and its affiliated local Unions that have executed this Agreement (all of whom are referred to collectively as "Union" or "Unions").

The purpose of this Agreement is to promote the efficiency of construction operations for the City of Concord through the use of skilled labor resulting in quality construction outcomes, and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project.

WHEREAS, the timely and successful completion of the Project is of the utmost importance to the City to avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work, including those to be represented by the Unions signatory to this Agreement and employed by contractors and subcontractors who are signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the 11/16/16 cc: CCC Building & Construction Trades
Council, File AA-2733 & MOU
City of Concord Project Stabilization Agreement

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--- EXHIBIT B
ATTACHMENT 3

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potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions and the Contractor/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractor/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project to the end that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
WHEREAS, the parties agree that one of the primary purposes of this agreement is to avoid the tensions that might arise on the Project if Union and nonunion workers of different employers were to work side by side on the Project, thereby leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractor/Employer(s) and the affected Union(s), except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event, the provisions of this Agreement shall prevail; and
WHEREAS, the contracts for the construction of the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and state, local and federal laws; and
WHEREAS, the City has the absolute right to select the lowest responsive and responsible bidder for the award of construction contracts on the Project; and WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military City of Concord Project Stabilization Agreement

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veterans, and recognizing the ability of local apprenticeship programs to provide meaningful and sustainable careers in the building and construction industry; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS

1.1 "Agreement" means this Project Stabilization Agreement ("PSA").

1.2 "Agreement to be Bound" means the agreement (attached hereto and incorporated herein as Addendum A) which shall be executed by each and every Contractor(s)/Employer(s) as a condition of performing Project Work.

1.3 "City" means the City of Concord and its public employees, including managerial personnel.

1.4 "Completion" means that point at which there is Final Acceptance by the City of a Construction Contract. For this definition of "Completion," "Final Acceptance" shall mean that point in time at which the City has determined upon final inspection that the work on a Construction Contract has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

1.5 "Construction Contract" means the public works or improvement contract( s) awarded by the City (including by design bid, design build, lease leaseback or other means) that are necessary to complete a Project.

1.6 "Contractor/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation, or combination thereof, including joint ventures, that is an independent business enterprise, and their successors and assigns, that enters into a City of Concord Project Stabilization Agreement

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contract with the City (whether by design bid, design build, lease leaseback or other means), with respect to the construction of any part of the Project under contract terms and conditions approved by the City and which incorporate this Agreement, and any of its contractors or subcontractors of any tier.

1. 7 "Council" means the Contra Costa County Building & Construction Trades Council.

1.8 "Master Agreement" or "Schedule A" or "Master Labor Agreement" means the Master Collective Bargaining Agreement of each craft Union signatory hereto, copies of which shall be made available to the City upon request.

1.9 "Project" means a City construction project funded in whole or in part with City of Concord funds where the engineer's estimate or bid amount exceeds seven hundred fifty thousand dollars ($750,000.00). The City and the Council may mutually agree in writing to add additional components to the Project's Scope of Work to be covered under this PSA.

1.10 "Project Manager" means the person or business entity designated by the City to oversee all phases of construction on the Project.

1.11 "Union" or "Unions" means the Contra Costa Building and Construction Trades Council, AFL-CIO ("the Council") and its affiliated Unions signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement shall apply and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), the City, the Council and its affiliated Unions signatory to this Agreement.

2.2 Applicability: The Agreement shall govern all Construction Contracts awarded on City Projects. For the purposes of this Agreement, the Construction Contract shall be considered City of Concord Project Stabilization Agreement

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complete as set forth in Section 1.4, except when the City's authorized representative directs a Contractor to engage in repairs, warranty work, or modifications as required under the original Construction Contract with the City.

2.3 Covered Work: This Agreement covers, without limitation, all on-site site preparation, surveying, construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and which is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the project), pumps, pump stations, and modular furniture installation. On-site work includes work done solely for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Project. This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.

2.3.1 This Agreement shall apply to any start-up, calibration, commissioning performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for a Project that are part of the original Construction Contract, including when performed after Completion, unless it is performed by City employees.

2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). Additionally, this Agreement covers any off-site work, including fabrication, necessary for the Project defined herein, that is covered by a current Schedule A Agreement or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution date of this Agreement.

2.3.3 The furnishing of supplies, equipment or materials which are stockpiled for later use shall not be covered by this Agreement. However, construction trucking work, such as the City of Concord Project Stabilization Agreement

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delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations. Contractor/Employer(s ), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) calendar days of written request or as required by bid specifications.

2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UNIBEW Joint National Agreement for Instrument and Control Technicians, with the exception that Articles IV, XIV and XV of this Agreement shall apply to such work.

2.4 Exclusions
(1) The Agreement is not intended to, and shall not affect or govern the award of public works contracts by the City which are not included in the Project. (2) The Agreement shall not apply to a Contractor/Employer's non-construction craft employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of General Foreman ( except those covered by existing Master Collective Bargaining Agreements), staff engineers or other professional engineers, administrative, management, office and clerical employees. (3) This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city or other governmental bodies or their contractors; or by public or private utilities or their contractors;
(4) The Agreement shall not apply to off-site maintenance of leased equipment City of Concord Project Stabilization Agreement

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and on-site supervision of such work; and
(5) Any construction project not bid by the City and performed jointly with another public entity.

2.5 Award of Contracts: It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this Agreement. A copy of all invitations to bid shall be provided at time of issuance to the Council.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing the Agreement, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of a construction contract for the Project, whether as contractor or subcontractor thereunder, the Contractor/Employer agrees to be bound by each and every provision of the Agreement and agrees that it will evidence its acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of a construction contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a precondition of accepting an award of a construction subcontract to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a contractor may not be evaded by subcontracting.

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3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement. Any dispute between the Union(s) and the Contractor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreed by the parties that any liability by a signatory Union to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement, including Schedules A's, which are incorporated herein by reference and which are the local Master Agreements of the Signatory Unions having jurisdiction over the work on the Project, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1 The Unions, City and Contractor(s)/Employer(s) covered by the Agreement agree that for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or at any City of Concord Project Stabilization Agreement

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other facility of City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.

4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under the Construction Contract and the Union or Contractor/Employer gives notice of demands for a new or modified Master Agreement, the Union agrees that it will not strike on work covered under this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement which are applicable to employees who were employed on the projects during the interim, with retroactive payment due within seven (7) days of the effective date of the modified Master Agreement.

4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer(s) three (3) business days' notice when nonpayment of trust fund contributions has occurred and one (1) business days' notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck as a result of insufficient funds, of the intent to withhold labor from the Contractor/Employer(s )' or their subcontractor's workforce, during which time the Contractor/Employer shall have the opportunity to correct the default. In this instance, a Union's withholding of labor (but not picketing) from an Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4.1.5 If the City contends that any Union has violated this Article, it will notify in writing City of Concord Project Stabilization Agreement

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(including email) the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use his/her best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the membership of their obligations under this Article. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred:

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be made from the list of arbitrators in Section 14.2. Notice to the arbitrator shall be by the most expeditious means available, with notices by facsimile, email or telephone to the City and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the designated arbitrator named above or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by facsimile, email or telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Article IV, Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which City of Concord Project Stabilization Agreement

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issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, _but its issuance shall not delay compliance with or enforcement of the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with an Arbitrator's award to cease the violation, the party in violation shall pay to the affected party (the City for a strike violation, the applicable Union(s) and trust fund(s) on behalf of the affected workers for a lockout violation) as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The Arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

4.2.5 Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner.

Written notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section

4.2.4 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order or enforcement. The Court's order or orders enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings and the party alleged to be in breach of its obligation under this Article.

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ARTICLEV

PRE-CONSTRUCTION CONFERENCE

5.1 Timing: The Project Manager shall convene and conduct a pre-job conference with representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and to discuss in detail the scope of work and other issues as set forth below, and the Unions, at a location mutually agreeable to the parties at least twenty-one (21) calendar days prior to:
(a) The commencement of any Project Work, and
(b) The commencement of Project Work on each subsequently awarded construction contract or phase.
5 .2 The conference shall be attended by a representative of each participating Contractor and each affected Union and the Council and City may attend at their discretion.

5.3 Pre-Job Conference. The pre-job conference will consist of:
(a) A listing of each Contractor's scope of work;
(b) The craft assignments;
( c) The estimated number of craft workers required to perform the work; ( d) Transportation arrangements;
( e) The estimated start and completion dates of the work; and ( f) Discussion of pre-fabricated materials.
5 .4 Review Meetings: In order to ensure the terms of the PLA are being fulfilled and all concerns pertaining to the City, the Unions, and the Contractors are addressed, the Project Manager, General Contractor and CEO of the Council or designated representatives thereof shall meet on a periodic basis during the term of construction of a Project.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractor/Employers and Unions agree to comply with all antiCity of Concord Project Stabilization Agreement

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discrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION SECURITY

7.1 The Contractor/Employers recognize the Union(s) as the sole bargaining representative of all craft employees working within the scope of this Agreement.

7.2 All employees who are employed by the Contractor/Employer(s) shall, as a condition of employment, on or before the eighth (8th) day of consecutive or cumulative employment on a construction contract subject to this Agreement, be responsible for the payment of the applicable monthly working dues and any associated fees uniformly required for Union membership in the applicable local Union which is signatory to this Agreement and shall stay current with such working dues and fees for the duration of work on the Project. Further, there is nothing in this Agreement that would prevent non-union employees from joining the local Union.

7.3 Authorized representatives of the Unions shall have access to the Projects whenever work covered by this Agreement is being, has been, or will be performed on the Project.

ARTICLE VIII

REFERRAL

8.1 Contractor/Employers performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

8.2 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors above general foreman it considers necessary and desirable, without such persons being referred by the Union(s), (unless covered by an existing Master Agreement).

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8.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight ( 48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer(s), the Contractor/Employer(s) shall be free to obtain work persons from any source. A Contractor who hires any personnel to perform covered work on the Project pursuant to this Section shall immediately provide the appropriate Union with the name and address of such employee(s) and shall immediately refer such employee(s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.

8.4 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of City of Concord and Local Area residents and to use resources in the Local Area in construction of the Project. The "Local Area" shall be defined as the communities of Concord and Contra Costa County to be served by the Project. It is the objective of the parties that not less than twenty-five percent (25%) of all hours worked on the Project, on a craft by craft basis, be worked by residents of the Local Area. The Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the contractor. The Parties to this Agreement support the development of increased numbers of skilled construction workers from the Local Area. To the extent allowed by law, and consistent with the Local Union's hiring hall provisions, and as long as they possess the requisite skills and qualifications, residents of the Local Area, including journeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9.1 All Contractor/Employers agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement for each hour worked on the Project in the amounts designated in the Master Agreements of the appropriate signatory Unions.

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9 .2 By signing this Agreement, the Contractor/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements, as described in Section

9.1, which may from time to time be amended, specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors authorize the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratify and accept the trustees so appointed as if made by the Contractor(s).

The Contractors/Employers agree to execute a separate Subscription Agreement(s) for Trust Funds when such Trust Fund( s) requires such document( s ).

9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective crafts, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.
9 .4 Holidays: Holidays shall be m compliance with the applicable Master Agreement.

ARTICLEX

APPRENTICES

10.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor/Employer(s) shall employ apprentices of a California Stateapproved Joint Apprenticeship Training Program in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured.

10.2 The apprentice ratios will be in compliance with the applicable provisions of the · California Labor Code and Prevailing Wage Rate Determination.

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10.3 It is an objective of the parties to the Agreement that twenty-five percent (25%) of craftworkers, including apprentices, shall be Local Area residents. The Contractors shall reach this goal through utilization of the normal hiring hall procedures. The Unions are committed to working with the Contractors to achieve these goals. All apprentices referred to Contractors under this Agreement shall be emolled in State of California approved Joint Apprentice Training Programs.

10.4 Consistent with the Master Agreements and state law, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly supervised.

ARTICLE XI

HELMETS TO HARDHATS

11.1 The Contractor/Employer(s) and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractor(s)/Employer(s) and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center), a joint Labor-Management Cooperation Trust Fund, established under the authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. Section 175(a), and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C. Section 186(c)(9), and a charitable tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

11.2 The Unions and Contractor(s)/Employer(s) agree(s) to coordinate with the Center to participate in an integrated database of veterans and members of the National Guard and Reserves interested in working on the Project and of apprenticeship and employment City of Concord Project Stabilization Agreement

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opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans and members of the National Guard and Reserves for bona fide, provable past experience.

ARTICLE XII

COMPLIANCE

12.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article IX. Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractor(s)/Employer(s) on the Project.

The City shall monitor and enforce compliance with prevailing wage requirements of the state only to the extent required by law, and Contractors/Employers' compliance with this Agreement.

ARTICLE XIII

EMPLOYEE GRIEVANCE PROCEDURE

13.1 All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or dismissed without just cause.

ARTICLE XIV

GRIEVANCE ARBITRATION PROCEDURE

14.1 Project Labor Disputes: All project labor disputes involving the application or interpretation of the Master Agreement to which a signatory Contractor/Employer and a signatory Union are parties shall be resolved pursuant to the resolution procedures of that Master City of Concord Project Stabilization Agreement

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Agreement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the grievance arbitration procedures set forth herein.

14.2 No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual written agreement of the parties.

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days of the Step 1 meeting, within five (5) business days thereafter, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Manager of Labor Relations of the Employer(s) or the Manager's designated representative, for discussion and resolution.

Regardless of which party has initiated the grievance proceeding, prior to a Step 2 meeting, the Union(s) shall notify its International Union representative(s), which shall advise both parties if it intends on participating in a Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not settled in Step 2, within five (5) business days of the Step 2 meeting, either party may request the dispute be submitted to arbitration or the time may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the City of Concord Project Stabilization Agreement

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list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. William Engler

3. Morris Davis
The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement.

The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

The time limits specified in any step of the Grievance Procedure set forth in Section 14.2 may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.

In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.

14.3 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, sufficient to cover the damages alleged in the grievance, should the Union( s) prevail. The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an Arbitrator shall so order.

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14.4 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XV
WORK ASSIGNMENTS AND ,JURISDICTIONAL DISPUTES:
15 .1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.

15.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

15.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator's hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within fourteen (14) calendar days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.
15 .4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer's assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge. Each Employer will conduct a pre-job conference with the Council prior to commencing work. The Project Manager and City will be advised in advance of all such City of Concord Project Stabilization Agreement

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conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

ARTICLE XVI

MANAGEMENT RIGHTS

16.1 The Contractor/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XVII

DRUG & ALCOHOL TESTING

17.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. 17 .2 Drug and alcohol testing shall be conducted in accordance with the Substance Abuse Prevention Policies set forth in each applicable Schedule A.

ARTICLE XVIII

SAVINGS CLAUSE

18.1 The parties agree that in the event any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or word in question.

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18.2 The parties also agree that in the event that a decision of a court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

18.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of its provisions and the City accordingly determines that the Agreement will not be required as part of an award to a Contractor/Employer, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XIX

AMENDMENT/COUNTERPARTS/AUTHORITY

19.1 Any substantive modification of any provision or addendum to this Agreement must be reduced to writing and signed by the City, Council and Unions to be effective.

19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages, and when bound together all necessary signatures shall constitute an original. Facsimile or scanned signature pages transmitted to other parties to this Agreement shall be deemed equivalent to original signatures.
19 .3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated and each of the parties by signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

ARTICLE XX
TERM

20.1 The Agreement shall be included as a condition of the award of construction contracts for the Project.

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20.2 This Agreement shall become effective on the day it is executed by the City and by the Council.

20.3 This Agreement shall remain in full force and effect for a period of five (5) years from the date it becomes effective. Prior to the expiration of the term of this Agreement, the City and the Council agree to meet and confer regarding the status of and experience with Projects covered by the Agreement. Any mutually agreed to substantive changes to the Agreement shall not be effective unless and until approved by the City Council. Absent substantive changes, the Agreement will roll over for an additional period of five (5) years.

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CONTRA COSTA BUILDING AND

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City of Concord Project Stabilization Agreement
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SIGNATURE BLOCKS FOR UNIONS
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Teamsters Local #315
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Northern California District Council
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Electrical Workers. Local #302
United Association Local #159
City of Concord Project Stabilization Agreement

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Addendum A

CITY OF CONCORD

PROJECT STABILIZATION AGREEMENT

AGREEMENT TO BE BOUND
[Addressee]
[Address]
[City and State]
Re: City of Concord Project Labor Agreement.

Dear Mr. /Ms. _____ _
The undersigned party confirms that it agrees to be a party to and bound by the City of Concord Project Stabilization Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to Be Bound, the undersigned party subscribes to, adopts and agrees to be bound by the written terms of the legally established trust agreements as set forth in Article 9.1, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds and ratifies and accepts the trustees appointed by the parties to such trust funds.

Such obligation to be a party to and bound by this Agreement shall extend to all work covered by the City of Concord Project Stabilization Agreement undertaken by the undersigned party. The undersigned party shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of this Agreement by signing an identical Agreement to Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter. However, the undersigned agrees to execute a separate Subscription Agreement(s) for Trust Funds when such Trust Fund(s) so requires.

CONTRACTOR/SUBCONTRACTOR:

Project Contract Number:

California State License Number:
or Motor Carrier (CA) Permit Number
Name and Signature of Authorized Person:
(Print Name)
(Title)
State Public Works Registration Number: ------------------ City of Concord Project Stabilization Agreement

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Staff Report
Date: June 28, 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: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering approval of a Professional Services Agreement with Swinerton Management & Consulting for the Citywide Traffic System Upgrade Project [Project No. 2493] in the notto-exceed amount of $261,519 (base agreement of $237,745 plus staff authority to spend up to a 10% contingency of $23,774) for construction management and inspection services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Federal HSIP, Gas Tax, OSIP, and Measure V Funds)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Traffic System Upgrade Project (Project No. 2493) proposes to upgrade traffic signal equipment at 52 intersections Citywide; specific equipment upgrades include signal cabinets, signal controllers, pedestrian signal heads, pedestrian push buttons, and signal head back plates. The project will also program leading pedestrian intervals for select intersections. See attached location map (Attachment 1). The Federal project number is HSIPL-5135(049).

8.m

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City Council Agenda Report
Agenda Item No. 8.m
June 28, 2022
Construction management and inspection 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.

Recommended Action
Approval of a Professional Services Agreement with Swinerton Management & Consulting in the not-to-exceed amount of $261,519 (base agreement of $237,745 plus staff authority to spend up to a 10% contingency of $23,774) to provide construction management, inspection, and materials testing services for the Citywide Traffic System Upgrade Project (Project No. 2493); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On August 15, 2018 the City applied for Highway Safety Improvement Program grant funding for Fiscal Years 2019-2022 for Project 2493. On January 7, 2019 Caltrans notified the City that the HSIP grant application was approved by FHWA. On February 26, 2019 as part of the mid-year budget adjustment, City Council approved the budget transfer in the amount of $73,824 in Lease Revenue Bond Funds (Fund 408) to be used as the local match for the approved HSIP grant funds.

On October 21, 2019, Caltrans approved the authorization of the use of federal funding for the preliminary engineering (PE) phase of the project in the amount of $407,400. On November 12, 2019, City Council accepted the grant funds for the project in the amount of $2,386,976. On February 14, 2022, Caltrans approved the authorization of the use of federal funding for the construction (CON) phase of the project in the amount of $1,979,576.

On May 24, 2022, City council awarded a construction contract in the amount of $2,102,247 for this project. In order to meet federal requirements within the time frame necessary for this project, the Contra Costa County Trades Council and the City agreed to exempt this project from the requirements of the Citywide Project Stabilization Agreement (PSA).

Procurement Process
Staff issued two Request for Proposals (RFP) to select a consultant to provide construction management and inspection services on February 24, 2022 and March 30, 2022. The RFP was advertised in the local newspaper and on the City’s Procurement Website both times. No proposals were received following both advertisements.

Due to lack of responsiveness to the RFP, City Staff received approval from Caltrans Local Assistance to move forward with sole source solicitation using the City’s On-call Master Services Agreement to select Swinerton Management & Consulting (Swinerton).

That approach is consistent with the City’s purchasing ordinance, which provides that if no responsive bids are received, the services may be obtained without further

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City Council Agenda Report
Agenda Item No. 8.m
June 28, 2022
competitive bidding. City Staff and Swinerton negotiated the scope of work and cost for the services, and agreed upon $237,745 as a fair and reasonable compensation for the services needed to complete the construction engineering phase of this project.

A Disadvantaged Business Enterprise (DBE) Goal of 0% was established for this consultant contract due to lack of subcontracting opportunities because materials testing services are not needed for this project. Caltrans Local Assistance approved the use of a 0% DBE goal.

Financial Impact
The current total budget for this project is $3,655,973 and is funded by federal Highway Safety Improvements Program (HSIP) funds (Fund 402), Gas Tax funds (Fund 262), Measure V funds (Fund 401, 407, and 490), and Off-Site Street Improvement Program (OSIP) funds (Fund 420).

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, awarding a Professional Services Agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project”, does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Professional Services Agreement – Swinerton

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Willow Pass Rd
Port Chicago Hwy
E Olivera Rd
Salvio St
East St
Bonifacio St
Concord Ave
Galaxy Wy
Diamond Blvd
Market St
Galindo St
Detroit Ave
Meadow Ln
Monument Blvd
Oak Grove Rd
Clayton Rd
Clayton Rd
Cowell Rd
Concord Blvd Farm Bureau Rd
Treat Blvd
Bailey Rd
Ygnacio Valley Rd
Kirker Pass Rd
Ayers Rd
Alberta Wy
Pine Hollow Rd
Victory Ln
Willow Pass Rd
N Sixth St
Mendocino Dr
Thornwood Dr
Grant St
Attachment 1
Citywide Traffic System Upgrade Project
City Project No. 2493

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ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

Swinerton Management & Consulting
Incorporated in the State of California
The name of the “LOCAL AGENCY” is as follows:

City of Concord
The Contract Administrator for LOCAL AGENCY will be Tianjun Cao B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated 5/20/2022. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference.

If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Local AGENCY. However, claims for money due or which become Attachment 2

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due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
CONSULTANT’S scope of work is attached as Attachment #1.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
CONSULTANT’S scope of work is attached as Attachment #1.

C. Surveys
CONSULTANT’S scope of work is attached as Attachment #1.

D. Subsurface Investigations
CONSULTANT’S scope of work is attached as Attachment #1.

E. Local Agency Obligations
LOCAL AGENCY will provide CONSULTANT with as-built record drawings and GIS right of way information depending on availability of these documents.

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F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
CONSULTANT’S scope of work is attached as Attachment #1.

H. CONSULTANT Services During Construction
CONSULTANT Services During Construction detailed scope of work is shown in Attachment #1.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on June 28, 2022, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2023, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $0.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

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Concord City CouncilJune 28, 2022

Concord City Council
June 28, 2022