F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
City of Concord Engineering Services
1950 Parkside Drive MS/40, Concord, CA 94519
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $261,519 (base fee of $237,745 and 10% contingency of $23,774).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.
In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and
ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL
AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at
CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representative’s at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under
the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all
applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.
An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 15%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The LOCAL AGENCY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f).
If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the LOCAL AGENCY’s Contract Administrator.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the
amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.
L. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion
to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Capital Improvement Program Manager, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s
possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff,
CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI RETENTION OF FUNDS
A. No retainage will be withheld by LOCAL AGENCY from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A-E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if applicable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.
The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.
The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THEACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Nondiscrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 • U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Dated: ______________ CONSULTANT
BY: ________________________
Jeffrey S. Gee, Vice President
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
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 2021/22 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $237,745
Account Code: 4029500C999-74500 / 4022493213-74500 ($217,000) 4909500C999-74500 / 4902493113-74500 ($20,745)
Finance Director's Signature
2001 Clayton Road, 7th Floor
Concord, CA 94520-2166
925.602.6400
swinerton.com
Proposal for the Citywide Traffic System Upgrade Project (PJ2493) Page 1 May 20, 2022
Via email to [email protected]
Mr. Tianjun Cao, P.E.
Associate Civil Engineer
City of Concord – Engineering Division (CIP)
1950 Parkside Drive MS/40
Concord, CA 94519
Subject: Citywide Traffic System Upgrade Project (City Project No. 2493) Federal Project No. HSIPL-5135(056)
Proposal for Construction Management & Inspection Services Dear Mr. Cao:
Swinerton Management & Consulting (Swinerton) is pleased to present this proposal to provide construction management and inspection services to the City of Concord for the Citywide Traffic System Upgrade Project – PJ 2493. We understand that the total construction period is stipulated for 90 working days for the Base Bid and an additional 5 working days for each location included in the Bid Alternative 1. Further, we understand that the project will have an estimated construction start in August / September 2022 depending on the procurement of the Cityfurnished materials and equipment.
Swinerton has a long history of successfully completing improvement projects not only within the City of Concord, but also in the Cities of San Pablo, Richmond, Dublin, and South San Francisco.
The projects’ scopes of work have included traffic signal modifications similar to the Citywide Traffic System Upgrade Project, including new traffic signal poles, video detection equipment, cabinets, controllers, pedestrian push buttons, beacons, pedestrian countdown heads, and signal heads. In addition, we recognize some key elements of this project are:
Being a Federally Funded project, we will ensure that the Caltrans LAPM forms are completed, including tracking the Contractor’s DBE requirements. We will conduct a Preconstruction Meeting that not only covers the important topics but discusses proactive planning to mitigate field issues.
The project locations are throughout the City limits with high traffic areas for motor vehicles, bicyclists and pedestrians. Public safety and access are paramount and will need to be closely coordinated and monitored. Complying with the approved Traffic Control Plans will be critical.
Attachment 1 to Attachment 2
Proposal for the Citywide Traffic System Upgrade Project (PJ2493) Page 2 Proper planning and scheduling is critical as the project has over 50 locations involving traffic signal modifications – mitigating schedule and cost impacts is very important. Close tracking of equipment lead times and deliveries is important for coordination of the Contractor’s work sequence.
Close tracking of the bid item quantities, mitigating change orders and completing the project within budget will be highly important.
We will coordinate with the Contractor on administrative tasks to expedite correspondence, Caltrans forms, progress payments, and close-out documents.
SCOPE OF SERVICES
Swinerton’s goal is to always provide high quality Construction Management and Inspection services that are responsive to our client’s needs by providing services aimed at optimizing the project’s schedule, cost and quality, and staffing needs. We have reviewed the plans and specifications in preparation of our proposal. The following services will be required: PreConstruction Activities, Construction Management Services, and Post-Construction Services.
Pre-Construction Activities:
Swinerton will prepare document control logs, such as the Submittal log, RFI log, change order log, and inspection log. We will review the Contract Documents to ensure Contractor’s compliance with the general requirements and Special Provisions for staging and implementing his work.
We will prepare the Preconstruction Meeting Agenda to review and discuss all the required submittals mandatory for the start of work including, but not limited to: Project CPM Schedule, WPCP, job site storage and staging plans, Traffic Control Plans, and submittals for all materials to be incorporated into the work, sources of materials, concrete, traffic signal posts, signal heads, pull boxes, conduit, and the Site Specific Safety Plan. The Preconstruction Meeting Agenda will be provided to the Contractor in advance of the Preconstruction Meeting as many submittals must be provided by the Contractor at this meeting. The Contractor will be queried about his means and methods in the preparation of his Project CPM Schedule. We will also ensure his coordination with the various utility companies and Caltrans (as needed) to ensure the field work has been coordinated. Swinerton will also assist the City in its Community Outreach in parallel with the Contractor’s Public Notifications as well as the City’s Notifications for each of the affected areas.
We will ensure prompt responses to inquiries submitted by residents and businesses.
Construction Management Services:
Swinerton will manage the project records, including daily reports, photo documentation, requests for information, submittals, and weekly statements of working days in a complete
Proposal for the Citywide Traffic System Upgrade Project (PJ2493) Page 3 project filing system. Swinerton will chair the weekly project meetings and circulate meeting minutes. Swinerton will verify quantities, measure progress, evaluate, and process contractor’s progress payment applications including certified payroll records. We will verify the project schedule and actual field progress with the monthly progress payment applications. Swinerton will monitor the project schedule to ensure completion of milestones in accordance with the accepted project schedule.
Field observations by Swinerton will also confirm presence of contractor’s superintendent, safety practices per submitted safety plans, general housekeeping, traffic control measures, and public notifications to nearby property owners and businesses. During construction Swinerton will coordinate with the City Project Manager, design team, local utilities, and Caltrans (Clayton Rd and Concord Ave locations). Swinerton will provide coordinated inspection services that tracks with the contractor’s scheduled activities and assist with the project schedule monitoring. Onsite inspection shall be provided for all activities related to the traffic signal modifications, traffic control, safety, concrete and site restoration. Swinerton will ensure that all work is performed in accordance with the Contract Documents, including City and Caltrans standards.
Post Construction Services:
Early in the project’s construction phase, Swinerton will discuss the Close-out plan and remind the Contractor of the expectations set forth in the Pre-Construction Meeting. As the construction completion nears, Swinerton will work closely with the City and Contractor to complete the Close-out process, including performing the final inspections, receiving close-out submittals, asbuilt record drawings, warranty bond, O&M manuals, system start-up reports, and recycling report.
We will confirm the Contractor has removed the USA pavement markings and completed the punch list items to the City’s satisfaction. We will resolve any outstanding cost issues and reconcile against the contract budget. Swinerton will process the final progress payment application. We will assist with the City’s final certification documentation to go to City Council for project acceptance.
Swinerton will utilize the services of Traffic Patterns, to assist the Swinerton Team with field inspection and observation. Traffic Patterns is a full-service traffic engineering firm with tremendous experience with traffic signal modification projects. They will provide Traffic Signal Operations Technicians (“inspectors”) to inspect and observe the Contractor’s work.
The attached Matrix of CM Tasks and Fee Proposal detail the breakdown of our time and cost for the tasks and phases described in the above narrative. Our Fee proposal is $86,986.00, plus an allowance of $250 for reimbursables, such as reproduction and miscellaneous office supplies, and an allowance of $150,509 for Traffic Patterns to provide full-time inspection during construction.
Our total fee proposal is a not-to-exceed amount of $237,745.00. As this is a not-to-exceed amount, any hours or dollars not expended will not get billed to the City.
Proposal for the Citywide Traffic System Upgrade Project (PJ2493) Page 4 If you have any questions or require additional clarification, please do not hesitate to call me at (925) 270-5636. Thank you for this opportunity to submit this proposal.
Very truly yours,
Bob Addiego, CCM, LEED® AP
Project Executive
CC: Jeff Gee
Myrna Wagner
Project File
Attachment: Matrix of CM Tasks and Fee Proposal (Citywide Traffic System Upgrade Project PJ2493)
5/20/2022
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2022 $230 $133 $125 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Construction Duration = 90 Working Days
A. Construction Management Services
Project Administration
1. Review Contract Documentation 2 $460 4 $532 4 $500 $1,492
2. Conduct Pre-construction Conference, agenda & minutes 2 $460 4 $532 2 $250 $1,242
3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 4 $532 0 $0 $532
4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 20 $4,600 36 $4,788 0 $0 $9,388
5. Attend Meetings w/ City / Management Oversight 8 $1,840 4 $532 0 $0 $2,372
6. Coordinate with other City's Adjacent Projects 0 $0 4 $532 0 $0 $532
7. Monitor Contractor's Progress Schedule & Phasing 0 $0 16 $2,128 0 $0 $2,128
8. Monitor the Project's Construction Budget 0 $0 16 $2,128 0 $0 $2,128
9. Monitor the Contractor's Progress 0 $0 16 $2,128 0 $0 $2,128
10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 20 $2,660 0 $0 $2,660
11. Maintain Project Docs / Records per City / Caltrans Standards 4 $920 12 $1,596 0 $0 $2,516
12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 16 $2,128 0 $0 $2,128
13. Process / Track Submittals 0 $0 16 $2,128 0 $0 $2,128
14. Review Submittals (Work Plan, Traffic Control Plan, etc) 0 $0 16 $2,128 0 $0 $2,128
15. Process / Track RFI's 0 $0 20 $2,660 0 $0 $2,660
16. Process, Negotiate & Issue Change Orders / Cost Proposals 4 $920 12 $1,596 0 $0 $2,516
17. Recommend Corrective Action for Unforeseen Issues 0 $0 4 $532 0 $0 $532
18. Review / Resolve Notices of Potential Claims 2 $460 6 $798 0 $0 $1,258
19. Prepare Contract Amendment(s), as needed 4 $920 8 $1,064 0 $0 $1,984
20. Monitor Onsite Unforeseen Conditions / Make Recommendations 4 $920 6 $798 0 $0 $1,718
21. Review and Process Monthly Progress Payments 0 $0 12 $1,596 0 $0 $1,596
22. Labor Compliance Field Interviews per Caltrans 0 $0 4 $532 0 $0 $532
23. Review Certified Payroll Reports 0 $0 4 $532 0 $0 $532
24. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 8 $1,064 0 $0 $1,064
25. Compile / Maintain As-Built Record Drawings 0 $0 8 $1,064 0 $0 $1,064
26. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 0 $0 8 $1,064 0 $0 $1,064 Quality Assurance, Inspection and Material Testing
27. Provide Daily On-Site Observation / Inspection Services 0 $0 0 $0 144 $18,000 $18,000
28. Maintain Daily Inspection Logs 0 $0 8 $1,064 0 $0 $1,064
29. Provide Project Photo Progress Reports 0 $0 8 $1,064 0 $0 $1,064
30. Monitor Project for Conformance with the TCP, Plans + Specs 0 $0 8 $1,064 0 $0 $1,064
31. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 8 $1,064 0 $0 $1,064
32. Coordinate the Materials Sampling, Testing and Special Inspection 0 $0 0 $0 0 $0 $0
33. Observe Contractor's Final Testing and Commissioning of Utilities 0 $0 8 $1,064 0 $0 $1,064
34. Review and Monitor Contractor's On-site Safety 0 $0 8 $1,064 0 $0 $1,064
35. Monitor the Quality Control / Quality Assurance Program 0 $0 0 $0 0 $0 $0 Jeff Neuenburg -
Construction Inspector SMC
CITY OF CONCORD - Citywide Traffic System Upgrade Project (PJ2493) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (90 Working Days Construction) Robert Addiego -
Project Executive SMC
Oscar Zhao, PE -
Assistant Resident Engineer
Project Manager SMC
5/20/2022
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2022 $230 $133 $125 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Jeff Neuenburg -
Construction Inspector SMC
CITY OF CONCORD - Citywide Traffic System Upgrade Project (PJ2493) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (90 Working Days Construction) Robert Addiego -
Project Executive SMC
Oscar Zhao, PE -
Assistant Resident Engineer
Project Manager SMC
Public and Community Relations
36. Ensure Contractor Compliance with Public Notifications 2 $460 8 $1,064 0 $0 $1,524
37. Coordinate with Residents, Businesses, etc during Construction 2 $460 8 $1,064 0 $0 $1,524
38. Coordinate with Property Owners, Contractor, Utility Companies 2 $460 8 $1,064 0 $0 $1,524
39. Outreach - City Staff, Agencies, Consultants for Construction Notices 2 $460 8 $1,064 0 $0 $1,524
40. Facilitate Necessary Utility Coord w/ Utility Companies, City, Designer & Contractor 2 $460 8 $1,064 0 $0 $1,524
Post Construction Services
41. Review Close-out Documents (i.e. Record Dwgs, PSA, Warranty) 0 $0 2 $266 0 $0 $266
42. Prepare Close-out Documents / Package 0 $0 2 $266 0 $0 $266
43. Maintain Electronic & Hard Copy Project Files 0 $0 2 $266 0 $0 $266
44. Perform Post Construction Review and Prepare Lessons Learned 2 $460 2 $266 0 $0 $726
45. Prepare Final Estimate & Payment 0 $0 2 $266 0 $0 $266
46. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 4 $920 2 $266 0 $0 $1,186
47. One-year Warranty Review / Observe Repairs 4 $920 8 $1,064 0 $0 $1,984 Subtotal Hours 70 392 150
Subtotal Cost per Consultant Individual $16,100 $52,136 $18,750 Consultant Subtotal $86,986
Allowance for Special Inspection and Materials Testing
Traffic Patterns $150,509 $150,509
Additional Cost-Reproduction, Photos, Misc Office Supplies $250 $250 Additional Cost-Allowance Subtotal $150,759 $150,759
GRAND TOTAL $237,745
Assumptions:
1. Allowance for Traffic Patterns equals $136,827 plus 10% for insurance and mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.
2. As a subconsultant to Swinerton, Traffic Patterns will acknowledge the PSA Agreement to be Bound (although their team members proposed are salaried).
3. The Cost Estimate is based on awarding both the Base Bid work and the Bid Alternative 1 work as shown in the Bid Schedule and project plans.
4. The Cost Estimate is based on the RE being available for approximately 16 hours per week during the Preconstruction, Construction, and Post-Construction phases.
5. The Cost Estimate is based on the Construction Inspector being available for 8 hours per week during the Construction Phase, as needed to supplement Traffic Patterns.
6. Hours are also alloted to the Project Executive to support to the Project Team as needed.
7. The Cost Estimate is a not-to-exceed amount based on 10 work days of Preconstruction support, 90 work days of Field Construction, and 30 calendar days of Post-Construction / Closeout.
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25. Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
2493
HSIPL-5135(056)
6/28/2022
Tianjun Cao
Associate Civil Engineer
5/25/2022
925-671-3243
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
From: Marstall, Kevin <[email protected]> Sent: Monday, June 27, 2022 11:19 AM
To: Barone, Valerie <[email protected]>
Cc: Parikh, Abhishek <[email protected]>; Tarbox, William <[email protected]>; McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>
Subject: RE: Timing for 8m
Good morning Valerie,
Currently, project 2493 is impacted by supply chain delays, however I can present the two (2) most likely timelines, based on the existing delivery estimate, which are as follows:
1. Begin work that does not involve cabinets and controllers in August, which will likely only take a month or so to complete. Pause the project until cabinets and controllers are delivered in October/November. Project would likely be complete in the field in early 2023.
2. Do not start work until cabinets and controllers are delivered in October/November. Work would then commence and continue without pause, with completion estimated in Spring 2023.
The key point for Council to understand is that all timelines are tentative until we have a firm delivery date for the cabinets and controllers. For clarity, the current supply chain delay is projecting as 10 months, which was an increase from the previously projected 6 month delay, resulting in the revised delivery date in Oct/Nov versus the prior delivery estimate for July/August.
As Engineering receives any updates to the estimated delivery date, we can share those adjustments with Council, but the above timelines represent our best scenarios for project commencement and completion.
Please let me know if you or the Councilmember have any additional questions.
Thank you,
Kevin
From: Barone, Valerie <[email protected]> Sent: Monday, June 27, 2022 10:25 AM
To: Marstall, Kevin <[email protected]>
Cc: Parikh, Abhishek <[email protected]>; Tarbox, William <[email protected]>; McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>
Subject: Timing for 8m
Kevin,
Please see Carlyn’s question below.
Thanks
Benched Correspondence
Agenda Item No. 8.m
June 28, 2022
Valerie
Valerie Barone, City Manager
City of Concord | Website: www.cityofconcord.org
(925) 671-3150 | [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519
From: Obringer, Carlyn
Sent: Sunday, June 26, 2022 3:10 PM
To: Barone, Valerie <[email protected]>
Subject: Question about item 8m
Hi Valerie,
What is the targeted commencement and completion of this project? Many thanks,
Carlyn
Carlyn Obringer
Councilmember, District 2
City of Concord
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering award of purchase of two 2022 Tymco Model 600 street sweepers in the amount of $684,433.94 to Tymco Inc. (Annual Vehicle Replacement Fund)
Report in Brief
The City owns and operates two 2013 Tymco street sweepers. The two sweepers have reached their end of life in all three categories of measurement: age, meter, and maintenance costs. Staff recommends purchase of two replacement Tymco street sweepers through HGAC at a cost of $342,216.97 each. The purchase of each street sweeper would occur over two separate fiscal years due to different in-service dates and the timing of respective replacement dates. The purchase of one new street sweeper would occur in Fiscal Year 2021/22. The purchase of the second street sweeper would occur in Fiscal Year 2022/23. Adequate funding for the purchase of both sweepers is contained within the city’s Vehicle Replacement Fund.
Recommended Action
Award the purchase of two 2022 Tymco Model 600 street sweepers in the amount of $684,433.94 to Tymco Inc.
Background
Each vehicle or piece of equipment in the City’s equipment fleet is projected to be replaced after 6-15 years of use depending on the type, role, and use level of the equipment. The City’s Administrative Services Manager evaluates the condition of vehicles and equipment prior to replacement to ensure that those still having useful life are not prematurely replaced. Replacement of worn-out vehicles is an on-going effort to sustain fleet reliability and maintainability. Replacing vehicles and equipment at the end
8.n
City Council Agenda Report
Agenda Item No. 8.n
June 28, 2022
of their useful life saves the City money, helps maintain daily operations, reduces out-ofcommission time, improves appearance, and helps ensure safety. The units recommended for replacement are experiencing severe and more frequent component failures resulting in extended downtime due to parts availability and repair timeframes.
These units are no longer economical to repair.
Analysis
The units being replaced are two 2013 Tymco Model 600 street sweepers. The two sweepers have reached their end of life in all three categories of measurement: age, meter, and maintenance costs. These pieces of equipment are used heavily. Sweepers are an integral part of the City’s clean water program and are used on a daily basis for sweeping of residential, commercial, and arterial streets within the City. This equipment is also used to clean up after traffic accidents, pavement repair work, special events, and illegal dumping. The equipment has reached the end of its useful life and is no longer economical to maintain.
Procurement Process
Houston-Galveston Area Council (HGAC) is a public agency. HGAC membership is comprised of 13 county governments, 11 school districts, and 107 cities, including the City of Concord.
Through national solicitations, HGAC provides their members access to nationally leveraged, competitively bid contracts. HGAC contracts offer a multitude of products, equipment, and services to government agencies and non-profit entities. HGAC was established on September 9, 1966 to allow participating municipal agencies to reduce the cost of procurement by leveraging the benefits of joint purchasing contracts.
All HGAC bid contracts are competitively solicited nationally, reviewed and awarded by the HGAC Board of Directors. These contracts bring considerable value and efficiencies to members through nationally leveraged suppliers and access to the highest quality products and brands. Each solicitation and RFP contains language which includes all qualified customers in all fifty states.
Per Concord Municipal Code Section 3.10.080(3), bidding regulations may be waived when the City of Concord is participating in a cooperative purchase. The City of Concord is a member of HGAC and has used HGAC contracts in the past. An HGAC quote was prepared for the City on May 16, 2022 for a new 2022 Tymco 600 street sweeper at a cost of $ 342,216.97 (Attachment 1). The City will be buying two sweepers, one this year and one next year.
Financial Impact
Funding to purchase this vehicle is included in the Annual Vehicle Replacement fund.
Public Contact
The City Council Agenda was posted.
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering the appointment of Jill Finn to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025.
Report in Brief
Due to the resignation of Ross Wells there is an unscheduled vacancy on the Design Review Board. On June 15, 2022, the Council Committee on Housing and Economic Development (McGallian/Aliano) conducted an interview with applicant Jill Finn and recommend her appointment to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025.
Recommended Action
Appoint Jill Finn to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025.
Background
Due to the resignation of Ross Wells on January 10, 2022, there is an unscheduled vacancy on the Design Review Board. Pursuant to Government Code section 54974 (the Maddy Act), a Notice of Vacancy for the unscheduled vacancy was posted by the City Clerk on January 10, 2022.
In accordance with Policy and Procedure No. 89, an announcement was made on February 1, 2022, to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025. Applications were due on Friday, February 25, 2022, at 5 p.m. This recruitment resulted in no applicants. Because the recruitment resulted in no applicants, and announcement was made on March 22,
8.o
City Council Agenda Report
Agenda Item No. 8.o
June 28, 2022
2022, to fill the vacancy. Applications were received from three individuals; one applicant, Jill Finn, was qualified to interview for the vacancy.
The Design Review Board is comprised of five members: three design professionals that may be nonresidents of Concord and one of which must be a licensed architect, one public member, and one member from the Planning Commission. The public member shall be a resident of Concord with previous experience or training in design concepts. The Board is requested to review the design of any development for which design review is required by City ordinance and any matter referred to the Board by the Planning Commission, Zoning Administrator, or Planning Manager.
On June 15, 2022, the Council Committee on Housing and Economic Development interviewed Ms. Finn and recommend her appointment to the Design Review Board.
Public Contact
The City Council Agenda was posted and all applicants have been notified.
Attachments
1. Design Review Board Applicant Summary
2. Application
3. Municipal Code Chapter 2.20
Attachment 1
2022 Design Review Board Applications
Vacancy – The Board is seeking a Design Professional to fill an unscheduled vacancy for a term ending February 28, 2025.
Eligible Applicant – 1
Name Employer Occupation
Jill Finn TANGERINEdesignLLC / SF
Giants Baseball
Residential Design Specialist /
Suite Usher
Subm t Date: Apr 18, 2022
irs Name Las Name
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Job i le Occupa ion
C ty of Concord
Profile
HOME ADDRESS
Number of years at above address:
7 Number of years in Concord:
0 Number of years in the county:
9 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Des gn Rev ew Board: Subm tted
J F nn
TANGERINEdes gnLLC / SF
G ants Baseba Owner / Usher
Res dent a Des gn Spec a st /
Su te Usher
Jill Finn Attachment 2
Upload a Resume
Le er o Recommenda ion 1
Le er o Recommenda ion 2
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:
As noted on my resume, I have many years of exper ence n the Arch tectura space, from Commerc a work, to Res dent a , to Med ca Fac t es. Hav ng been n the trade for 24 years and own ng my own bus ness for the ast 16 years, I understand how the process works, what s requ red, and who to speak w th when quest ons ar se. I've a so he d severa Board pos t ons and Cha red many Comm ttees that have taught me to be more co aborat ve and open to hear ng a concerns. Vo unteer ng for Ne ghborhood groups, Coach ng my son's baseba team, and work ng w th Nonprof ts are a so areas where I try to g ve back.
Education and Training
High School
Sun Va ey H gh Schoo , Aston PA - 1989
College
Assoc ate Degree n Commerc a Art: 1989 - 1991 Drexe Schoo of Arch tecture: 1995 - 2000 Technicial/Vocational Training
Certification or Other
Assoc ate Degree, Assoc ate Member of AIASF, Member of BNI - We Insp re Chapter, Member of NARI - D ab o Va ey Chapter
TERMS OF ACCEPTANCE and SIGNATURE
J F nn Letter of Rec -
_New_Key_Construct on.pdf
J F nn Letter of Rec -
_Th rteen_Oak.pdf
Jill Finn
Jill C. Finn, Assoc. AIA
[email protected] | www.tangerine-design.com Copyright © 2022 TANGERINEdesign LLC. All Rights Reserved.
A Residential Design Specialist with the goal of educating and informing Homeowners about the Construction Process
Owner, TANGERINEdesign LLC (2006 to present)
TANGERINEdesign LLC is a thriving Woman–Owned, Residential Design Business in the Bay Area. As a sole proprietor for 16 years, now LLC, responsibilities include all aspects of a Design firm: New business advertising, contacts, meetings, contracts and invoices; on–site measurements and new design layouts, managing construction and permit drawings by others; project managing contractors/subs, material selections, and more. Also work on Commercial projects that need designs for fit–outs, space planning, and/or functional changes. Current Designer for Planned Parenthood of Northern CA Usher, SF Giants (2005 to present)
Proudly heading into my 18th season with the 3–time World Series Champs! Responsibilities include VIP credential check, radio position, crowd control, section monitoring, and keeping spirits up in down years.
Safeway Employee (2020 April–June during Covid)
When the Pandemic hit, I made sure I would not be a drain on the system (and didn’t think I would get unemployment as a self–employed person), so I took a temporary job at Safeway. The managers liked my work–ethic and organization so much they had me in work in three different departments to raise them to a new level. The departments were the Bakery, Drive– Up & Go, and the Floral Department (in preparation for Mother’s Day, the busiest floral day of the year).
Project Manager, EDI Architecture, Inc. (2001–2006)
Managed a variety of single and multi-family housing projects for an award–winning San Francisco architecture firm, responsibilities included client management, design development, drafting, plan check reviews and supervising junior staff.
Projects included new single–family and multi–family housing.
Designer, The Knabb Partnership (1999–2001)
Assisted in design and project management for one of the area’s leading architecture firms in Pennsylvania. Responsibilities included surveying, site & client management, and construction administration. Projects included residential housing, country clubs and senior care facilities.
Draftsperson, Dever Architects (1998–1999)
Worked for one of the top commercial design firms in the Philadelphia area, and was responsible for drafting, surveying & documenting, creating presentation boards and training & managing interns. Projects included residential housing, supermarkets and office fit–outs.
Advertising, Misc. Firms (1993–1998)
Graphic Designer that created and collaborated on a variety of advertising campaigns for Health Care, Financial, Corporate, and Catalog–Based Companies.
Display Associate, Strawbridge & Clothier (1991–1993)
Set up merchandise displays, dress mannequins, design holiday displays throughout the year.
Cashier Associate, IKEA (1989–1991)
Top Cashier in one of the busiest East Coast Stores, Top Sales Producer back when scanners weren’t a thing! Cashier/Team Member, KFC (1986–1989)
Cashier, Drive–thru Manager, food server during high school. Page 8 of 13
EDUCATION
Undergrad Classes: City College of San Francisco, San Francisco, CA (2004 to 2006) Architecture: Drexel University, Philadelphia, PA (1995 to 2000) Commercial Art: Antonelli Art College, Plymouth Meeting PA (1989 to 1991) SKILLS
Business Owner AutoCAD Color Boards
Project Management Microsoft Word/Excel Material Selections Client Interaction Site Measurements Visual Design/Display Organization Delegator Cashiering/Money handling
MEMBERSHIPS / LEADERSHIP ROLES
2000 to Present: Associate AIA Member, San Francisco Chapter (American Institute of Architects) 2021 to Present: Member of NARI (National Association of the Remodeling Industry) 2019 to Present: HOA Board Member of Center Court Villas, AZ 2018 to Present: Leadership Positions of BNI: Growth Coordinator, Vice President, Education Coordinator 2012 to Present: Angie’s List, Super Service Award Recipient 2016 to Present: Houzz, Best of Service Award Recipient 2008 to Present: Yelp, 5–Star Rated
2009: Recipient of the Jason Pettigrew Memorial ARE Scholarship 2009: AIACC Regional Associate Board Director (National Component) 2008: AIACC Regional Associate Board Director–elect (State Component) 2007: AIA SF Associate Board Director (Local Component/Board Member) 2006: Chair of Bay Area Young Architects (BAYA)
2005–2009: Berkeley Neighborhood Watch Captain
2004–2005: Chair of the AIA SF’s ARE Committee
2004: Coordinator of Youth In Mind (YIM)
2000–2004: HOA Board Member of Laguna Street Condo, SF
FAMILY / HOBBIES
Originally from the East Coast (just outside of Philadelphia), I moved here in 2000 with my then husband. Now a proud, single Mom of an intelligent, and very tall (6’–3”) 15yr old son, who’s following in Mom’s footsteps by playing baseball! I’m currently playing pickleball at Willow Pass 3–4 nights a week, gaining skills and friendships. As a member of BNI (Business Networking International), NARI (National Association of the Remodeling Industry), and the AIA (American Institute of Architects), I enjoy meeting new people, learning about their businesses/skills, and collaborating with everyone. I achieved a life–long goal in 2018, by purchasing and remodeling a Condo on my own, in Fountain Hills Arizona, just a hop, skip & a jump from the San Francisco Giants Spring Training facility… where I plan to spend more time when I finally retire!
Concord Design Review Board
4/12/2022
Board Committee,
Recommendation letter for Jill Finn:
I am writing in support of Jill Finn for a position on the Concord’s Design Review Board. Jill has worked with New Key Construction on several projects where she helped create Construction Document plan sets. I was her main point of contact for these projects from design to implementation.
Jill has been able to work independently on multiple medium to large size remodels with us. She is able to organize and separate every project in order to formulate clean and presentable plan sets for not only the city to approve, but for a General Contractor to build from. This is extremely important when working on a full home as every detail told to her then needs to be translated to us for accurate pricing.
While she has been able to tackle large projects with ease, she has also been a wealth of knowledge in order to make sure we are one step ahead of all the changing codes and regulations. Since we deal with not only Concord, but every city on the 680/24 corridor, each city has their own guidelines to follow.
Luckily, when Jill is brought onto a project she has always been able to get the information that is needed to meet the cities requirements while also getting the best outcome for the client.
Jill has outperformed any other designer that we have worked with in details, communication, understanding the rules and regulations and the willingness to learn new things or understand why. With these traits I feel that she would be an amazing addition to your team.
Best,
Sales Manager
Steven Freitas
DESIGN REVIEW BOARD
Chapter 2.20
2.20.210 Established; membership.
The Design Review Board of the city, created by Ordinance No. 926, is hereby continued in existence and shall consist of no more than five members. At all times, the Board shall consist of one member of the city Planning Commission, appointed by the Planning Commission; three design professionals, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, appointed by the City Council; and one public member, who shall be a resident of the city, with experience or training in design concepts, appointed by the City Council.
(Code 1965, § 2422; Code 2002, § 2-381. Ord. No. 86-22; Ord. No. 92-19; Ord. No. 05-7; Ord.
No. 10-2)
2.20.220 Terms of members; absence from meetings.
Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Design Review Board within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2423; Code 2002, § 2-382. Ord. No. 86-22; Ord. No. 10-2; Ord. No. 15-3, § 5)
2.20.230 Purpose and intent.
The Board shall meet not less than once a month at the F. A. Stewart Civic Center, 1950 Parkside Drive, Concord, at a time and date to be designated by the Board. The Board shall appoint a chair and vice-chairman for a term of one year or until the successor of each is appointed and takes office. The chair shall preside at all meetings of the Board and shall perform the duties necessary or incidental to the office. The vice-chair is chair in the absence of the chair or in case of the inability of the chair to participate in the proceedings. (Code 1965, § 2424; Code 2002, § 2-383. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2) Attachment 3
The Concord Municipal Code is current through Ordinance 16-5, passed September 13, 2016.
2.20.240 Compensation of members.
The basis and amount of compensation to be paid to members of the Design Review Board shall be established by resolution of the City Council.
(Code 1965, § 2425; Code 2002, § 2-384. Ord. No. 86-22; Ord. No. 94-5; Ord. No. 10-2)
2.20.250 Rules of procedure; designation of committees and task forces.
The Board shall adopt rules for the transaction of its business. The Board shall be served by a Secretary of the Board who shall record official actions by the Board, maintain records and perform such other duties as assigned. The Board shall keep a public record of its resolutions, transactions, findings, and determinations and may establish subcommittees as needed to fulfill its duties.
(Code 1965, § 2426; Code 2002, § 2-385. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2)
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering the following actions:
(1) Adoption of a Resolution approving and ratifying a Letter of Agreement with the Concord Police Association amending
Attachment A – Pay Schedule of the Memorandum of
Understanding executed by the Director of Human Resources in her capacity as the City Manager's designee; and
(2) Approval of appropriation of $1 million of Measure V ongoing revenue and $200,000 from the unallocated General Fund reserve in order to fund $1.2 million for Fiscal Year 2022-
23. (General Fund and Measure V Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15378(b)(4) , and/or 15378(b)(5).
Report in Brief
The City of Concord, like most agencies in the Bay Area, is finding it challenging to recruit entry level police officers in the current labor market. The proposed 5% market equity adjustment to the police officers’ pay scale is intended to aid the City in successfully recruiting new police officers by bringing the City’s pay scale for police officers up to market.
Staff is recommending the $1.2 million cost for Fiscal Year 2022-23 for this equity adjustment be paid for from $1 million of ongoing Measure V revenue and $200,000 of
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June 28, 2022
unallocated General Fund reserves. The use of the ongoing Measure V revenues to support public safety is consistent with the community’s prioritization of public safety and Council’s stated goals for use of Measure V revenue. The one-time use of $200,000 of General Fund reserve will not have a material impact on the City’s reserve because the City is projected to complete FY 2022-23, even with this expense, at slightly above the Council’s reserve target of 30%.
Recommended Actions
1. Adopt a resolution (Attachment 1) approving and ratifying a Letter of Agreement (Exhibit A to Attachment 1) with the Concord Police Association amending Attachment A – Pay Schedule of the Memorandum of Understanding (Exhibit B to Attachment 1) executed by the Director of Human Resources in her capacity as the City Manager’s designee.
2. Approve the appropriation of $1 million of Measure V ongoing revenue and $200,000 from the unallocated General Fund reserve in order to fund $1.2 million for Fiscal Year 2022-23. (General Fund and Measure V Fund.
Background
The Human Resources Department is responsible for negotiating, implementing, managing and—if necessary and subject to Council approval—modifying memoranda of understanding between the City of Concord and the unions that represent varied employee classifications.
The City of Concord has 129 authorized Police Officer and Police Sergeant positions, of which 12 positions are vacant. The City of Concord has approximately 20 sworn positions eligible to retire within the next five years, creating additional concerns about staffing levels. Recruitment of entry level police officers is critical to the City of Concord’s ability to provide public safety police services. The City of Concord has taken a number of steps to enhance the success of our recruitment efforts yet still faces challenges to filling the vacant positions.
On June 22, 2022, Human Resources Department staff met and conferred with Concord Police Association representatives and reached an agreement to amend Attachment A – Pay Schedule of the memorandum of understanding; specifically, effective the first full pay period after Council approval (July 11, 2022), a one-time non-precedent setting market equity adjustment of 5% to the base salary will be made to the classifications of Police Officer and Police Sergeant.
Analysis
The City of Concord relies on Police Officers and Police Sergeants to provide law enforcement related public safety services within the community. The 129 authorized Police Officer and Police Sergeant classifications are represented by the Concord Police Association. In the current labor market, filling vacant entry level police officer
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positions is challenging. Consequently, Human Resources Department staff evaluated the City of Concord’s pay with its comparable agencies and determined that a 5% market equity adjustment will enhance the City of Concord’s competitiveness in the labor market.
The new pay schedule with the market equity adjustment for Police Officers and Police Sergeants is shown in Exhibit B to Attachment 1 to this report, and is reflected in the pay schedule Council is being requested to adopt as part of their Mid-Cycle Operating Budget Review also before Council on June 28, 2022.
The cost to the City of this equity adjustment is $1.2 million a year.
Staff proposes this new cost be paid for through two funding sources. The majority of the cost is to be covered by use of $1 million of City ongoing Measure V revenue. This is revenue that was identified by Council to invest an area(s) of community priority, but for which no decision had yet been made on where to invest the money. Public safety is an area of priority to the community, as reflected by all public surveys over the years.
This revenue is ongoing and would be budgeted into future operating budgets as well.
The secondary source of funding for fiscal year 2022-23 would be $200,000 of unallocated General Fund reserve. The City would still be projected to close Fiscal Year 2022-23 slightly above Council’s targeted reserve of 30% of the operating budget.
As future years’ budgets are created, this cost would be built in.
In summary, by increasing the base salary of Police Officer and Police Sergeant, the City of Concord will be in market alignment with comparable agencies; and therefore, the City of Concord will be more competitive in recruiting and retaining qualified staff.
Financial Impact
The adoption of the resolution will have an estimated increased impact in Fiscal Year 2022-23 of $1.2 million. The Council is requested to appropriate $1 million of ongoing Measure V revenues and $200,000 from General Fund reserve for a total appropriation of $1.2 million for Fiscal Year 2022-23. These ongoing costs will be built into future budgets.
Environmental Determination
Pursuant to Public Resources Code Section 21065,CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378(b)(4), , and/or 15378(b)(5), this activity (creation of government funding mechanisms and administrative/organizational activities) is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not constitute discretionary approval of a specific project which may result in a potentially significant physical impact on the environment, and will not result in a direct or indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual
City Council Agenda Report
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circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution
Exhibit A: Letter of Agreement between the City and CPA Exhibit B: Amended Attachment A – Pay Schedule of the MOU
Res. No. 22-xx 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving and Ratifying a Letter of
Agreement with the Concord Police Association
Amending Attachment A – Pay Schedule of the
Memorandum of Understanding Executed by the
Director of Human Resources in Her Capacity as the
City Manager’s Designee
Resolution No. 22-XX
/
WHEREAS, on June 22, 2022, the City of Concord meet and conferred with the Concord Police Association and reached an agreement to amend Attachment A – Pay Schedule of the memorandum of understanding; specifically, effective the first full pay period after the City Council of the City of Concord adopts a resolution approving the agreement, a one-time non-precedent setting market equity adjustment of 5% to the base salary will be made to the classifications of Police Officer and Police Sergeant to aid in recruiting and retaining qualified staff, as set forth in Exhibit A and Exhibit B; and
WHEREAS, Council, after giving all public notices required by State law and Concord Municipal Code, held a duly noticed public hearing on June 28, 2022, to consider this action; and WHEREAS, at such public hearing, Council considered all oral and written testimony, materials and information received, including written responses from City staff given on or dated June 28, 2022, all attachments thereto, any correspondence presented, and all other pertinent testimony, other materials and information, which are maintained at the offices of the City of Concord, City Clerk, 1950 Parkside Drive, Concord, CA 94519; and
WHEREAS, on June 28, 2022, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt Resolution No. 22-XX.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. CEQA: Pursuant to Public Resources Code Section 21065,CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378(b)(4), , and/or 15378(b)(5), this activity (creation of government funding mechanisms and administrative/organizational activities) is not subject to Attachment 1
Res. No. 22-xx 2
environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not constitute discretionary approval of a specific project which may result in a potentially significant physical impact on the environment, and will not result in a direct or 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 apply. This determination reflects the City’s independent judgment and analysis.
Section 2. Approves and ratifies a letter of agreement with the Concord Police Association amending Attachment A – Pay Schedule of the memorandum of understanding; specifically, effective the first full pay period after the City Council of the City of Concord adopts a resolution approving the agreement, a one-time non-precedent setting market equity adjustment of 5% to the base salary will be made to the classifications of Police Officer and Police Sergeant to aid in recruiting and retaining qualified staff. The letter agreement is attached hereto as Exhibit A and incorporated by reference and the amended Attachment A—Pay Schedule is attached hereto as Exhibit B and incorporated by reference.
Section 3. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 22-xx 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 28, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 28, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibits:
A: Letter of Agreement between the City of Concord and the Concord Police Association, dated June 22, 2022
B: Amended Attachment A – Pay Schedule of the memorandum of understanding between the City of Concord and the Concord Police Association
62 Exhibit A: Pay Schedule
Effective July 11, 2022
CLASS PAY CATEGORY Step 1 Step 2 Step 3 Step 4 Step 5
Master
Officer
Step 5
Police Officer Base Pay $8,250 $8,662 $9,096 $9,550 $10,028 11,031
3.0% Specialty Pay $10,329 $11,362
5.0% Specialty Pay or 5.0%
Corporal Pay $10,530 $11,583
5.0% Corporal Pay and 3.0%
Specialty Pay $10,846 $11,930
5.0% Corporal Pay and 5.0%
Specialty Pay $11,056 $12,162
2.5% PPP* $8,456 $8,879 $9,323 $9,788 $10,279 $11,307
2.5% PPP and 3.0% Specialty
Pay $10,587 $11,646
2.5% PPP and 5.0% Specialty
Pay or 5.0% Corporal Pay $10,793 $11,872
2.5% PPP and 5.0% Corporal
Pay and 3.0% Specialty Pay $11,117 $12,228
2.5% PPP and 5.0% Corporal
Pay and 5.0% Specialty Pay $11,333 $12,466
5.0% PPP $8,662 $9,096 $9,550 $10,027 $10,530 $11,583
5.0% PPP and 3.0% Specialty
Pay $10,846 $11,930
5.0% PPP and 5.0% Specialty
Pay or 5.0% Corporal Pay $11,056 $12,162
5.0% PPP and 5.0% Corporal
Pay and 3.0% Specialty Pay $11,388 $12,527
5.0% PPP and 5.0% Corporal
Pay and 5.0% Specialty Pay $11,609 $12,770
10.0% PPP $9,075 $9,529 $10,005 $10,504 $11,031 $12,134
10.0% PPP and 3.0%
Specialty Pay $11,362 $12,498
10.0% PPP and 5.0%
Specialty Pay or 5.0%
Corporal Pay
$11,583 $12,741
10.0% PPP and 5.0%
Corporal Pay and 3.0%
Specialty Pay
$11,930 $13,123
63 CLASS PAY CATEGORY Step 1 Step 2 Step 3 Step 4 Step 5 Master
Officer
Step 5
10.0% PPP and 5.0%
Corporal Pay and 5.0%
Specialty Pay
$12,162 $13,378
Sergeant
Base Pay $10,683 $11,217 $11,778 $12,368 $12,985
2.5% PPP $10,950 $11,498 $12,073 $12,677 $13,310
7.5% PPP $11,484 $12,058 $12,661 $13,296 $13,959
10% PPP $11,751 $12,339 $12,956 $13,605 $14,284
Master
Sergeant 5%
Base Pay $11,217 $11,778 $12,367 $12,987 $13,634
2.5% PPP $11,498 $12,072 $12,676 $13,311 $13,975
7.5% PPP $12,059 $12,661 $13,295 $13,961 $14,657
10% PPP $12,339 $12,956 $13,604 $14,285 $14,998
Master
Sergeant 10%
Base Pay $11,751 $12,339 $12,956 $13,605 $14,284
2.5% PPP $12,045 $12,647 $13,280 $13,945 $14,641
7.5% PPP $12,633 $13,264 $13,928 $14,625 $15,355
10% PPP $12,927 $13,573 $14,252 $14,965 $15,712
Exhibit B
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Donna K. Lee, Budget and Treasury Officer
[email protected]
(925) 671-3261
Subject: Considering authorizing the write-off of uncollectible accounts receivable in the amount of $46,468.
Report in Brief
While the Finance Department makes every effort to collect unpaid accounts receivable, some inevitably become uncollectible and must be written off the books in accordance with Generally Accepted Accounting Principles (GAAP). While written off of the City’s accounting records, collection efforts continue. For instance, some of the accounts will continue to be annually submitted to the Franchise Tax Board under the State’s Interagency Intercept Program (IIC).
Council is requested to approve the write-off of the following accounts:
Damage to City Property – Seven invoices for $43,266
Fourth of July Fireworks – One invoice for $3,202
All efforts to collect on these invoices have been unsuccessful and staff recommends the debt be written off of the City’s accounting records. The total of the recommended writeoffs for FY 2021-22 is $46,468.
Recommended Action
Authorize the write-off of uncollectible accounts receivable on the City’s ledger in the amount of $46,468.
Background
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City policy requires formal approval by the City Council before any uncollectible receivables over the amount of $750 can be written off as uncollectible. Prior to recommending write-off of accounts receivable, the Finance Department makes every effort to collect unpaid accounts. Actions taken are as follows:
1. Invoices are mailed with 30 days to pay.
2. Past due notices are mailed after 30 days of non-payment.
3. Statements are mailed to the customers.
4. Phone calls are made as reminders and to possibly set up payment options (as a courtesy, not legally required).
5. Follow-up statements are mailed.
6. Letters are mailed to inform customers of possible legal action (this usually prompts phone inquiries).
7. Explanations of the different payment options that the City can offer, as well as consideration of waiving finance charges if payments are made promptly.
8. Lastly, when appropriate, file in small claims court and utilize the State’s Interagency Intercept Collection Program (IIC), where the Franchise Tax Board offsets refunds when individuals have delinquent debts with the City.
Only after all efforts have failed is a receivable considered for write-off consistent with financial reporting guidelines.
City Council Agenda Report
Agenda Item No. 8.q
June 28, 2022
Analysis
A summary of the invoices is as follows:
Billing Type Number Amount
Fourth of July 1 $3,202.00
Damage to City Property 7 43,266.00
Total Uncollectible $46,468.00
While these accounts must be written off the City’s accounting records for financial reporting purposes, collections efforts will continue on all except the Fourth of July invoice (per the discussion below). Generally, the City pursues small claims court actions for all accounts where the defendants can be located. The judgments remain on file for ten years and are renewable for an additional ten years. In addition, the Finance Department submits all uncollectible debts for individuals to the State’s Interagency Intercept Collection program annually.
A detailed listing of the invoices is included in Attachment 1. In addition to the forgiveness of the Fourth of July special events invoice, staff is recommending writing off the remaining invoices for the following reasons:
the statute of limitations has run out and the City is not able to file a court claim for two invoices,
the City lost the judgement on one invoice in small claims court, most of the individuals responsible for damage to City property do not have any assets which the City could pursue for payment.
Fourth of July Fireworks - Forgiveness
The Todos Santos Business Association (TSBA) Arts Foundation provides an annual Fourth of July fireworks show. The 2021 show was held at the Concord Pavilion. The TSBA exists to further the development of Concord’s Historic Downtown and to enhance goodwill between business and residents of the community. The annual fireworks show supports this mission.
While the fireworks show is produced by the TSBA Arts Foundation, the City of Concord provided limited support via staff in the Police Department. These services included safety, managing traffic, and other issues. As with all special events that are not City events, the City charges for staff’s time supporting the events. In July 2021 the City billed the TSBA Arts Foundation for these services. The invoice, in the amount of $13,202, was for support associated with the 2021 July 4th fireworks show.
City Council Agenda Report
Agenda Item No. 8.q
June 28, 2022
Earlier this year the TSBA Arts Foundation paid the majority of this invoice, paying $10,000. The amount requested for write-off is the difference of $3,202.
Financial Impact
The write-off of $46,468 recognizes the inevitability that the money will not be collected.
All of this amount is attributed to the General Fund. In accordance with Generally Accepted Accounting Principles (GAAP), the uncollectible amounts cannot be categorized as deferred revenue due to the uncertainty of the collection of payment.
Staff will continue to maintain a file of the write-off upon the event that collections occur.
Public Contact
The City Council Agenda was posted.
Attachment
1. Uncollectible Accounts Receivable
Attachment 1
Date
Invoice
No Write-off criteria Payor Dept/Service Original Amt
8/7/21 89334 FORGIVEN
TODOS SANTOS BUSINESS ASSOCIATION
ARTS FOUNDATION SPECIAL EVENTS 3,202.00
SUBTOTAL - SPECIAL EVENTS 3,202.00
9/5/18 70601 DISPUTED (LOST JUDGEMENT) SCOTT AND TERESA LANE PROP DAMAGE 4,697.00 8/24/18 84999 COST EXCEEDS (UNABLE TO SERVE) ALEXANDER TILSETH PROP DAMAGE 5,207.00 8/29/18 85349 COST EXCEEDS (UNABLE TO SERVE) EDGAR MIJANGOS PROP DAMAGE 5,341.00 10/17/18 87058 COST EXCEEDS (UNABLE TO SERVE) MACK FAUMUI PROP DAMAGE 1,190.00 3/2/19 89356 COST EXCEEDS (UNABLE TO SERVE) THEODORE JOHN SEVILLA PROP DAMAGE 1,128.00 2/3/19 88285 STATUTE SHIRIN NAGIZAKI FAHMY PROP DAMAGE 5,724.00 2/1/19 89358 STATUTE JESUS ALAN LOPEZ-LOMBERA PROP DAMAGE 19,979.00 SUBTOTAL - DAMAGES TO CITY PROPERTY 43,266.00
TOTAL UNCOLLECTIBLE ACCOUNTS RECEIVABLE 46,468.00
Uncollectible Accounts Receivable FY 2021-22
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Kevin Halm, Provisional Police Lieutenant
[email protected]
(925) 671-3336
Subject: Considering adoption of a Resolution approving exception to the 180 day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224.
CEQA: Not a project/exempt per Public Resources Code
Section 21065, 14 Cal. Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
Report in Brief
The purpose of this report is to provide the City Council with sufficient information to adopt a resolution to waive the 180 day waiting period for hiring a retired annuitant.
Recommended Action
Adopt a resolution approving an exception to the 180 day waiting period for hiring a retired annuitant as an extra-help employee.
Background
The Public Employees’ Pension Reform Act of 2013 (“PEPRA”) made substantial changes to public employee pension laws in California. One of those changes requires retired annuitants to be separated from employment for at least 180 days before returning to work for an employer in the same retirement system from which they receive a pension. An exception may be made if the governing body adopts a resolution to waive the waiting period for separation. The waiver allows an employer to hire a retired annuitant to perform work of limited duration, such as the elimination of backlogs,
9.a
City Council Agenda Report
Agenda Item No. 9.a
June 28, 2022
limited term special projects, and work in excess of what regular staff can reasonably perform.
The Concord Police Department (“CPD”) jail historically was staffed 24/7. This requires at least five Community Service Officer (“CSO”)-Detention employees with sworn officers covering any gaps on an overtime basis.
The CPD has only one CSO-Detention position filled and has four vacancies. The one filled position allows the jail to be staffed on a regular set schedule 40 hours per week with the remaining 128 hours of the week either staffed with Title 15 trained swornofficers working overtime or forced closed.
A continual recruitment process for CSO-Detention has been open since January 2022 for the four open positions; however, only one applicant is in the background process.
Analysis
Staff recommends David Kasid (“Kasid”) be hired to work on a limited term basis as a retired annuitant extra help performing duties as Limited Service Public Safety Assistant.
Kasid retired effective June 13, 2022, 28 years of police officer experience, nearly 20 years of institutional knowledge working for the City of Concord (“City”) as a police officer, and five years of experience working part-time in a detention setting. He is Title 15 trained and is one of the few persons who provides training to incoming CSODetention employees and sworn officers wishing to work in the jail.
The City is recruiting for CSO-Detention. There is only one full-time CSO-Detention employee which leaves staffing of the CPD jail woefully understaffed during summer which is historically one of the busiest times of the year.
As a retired annuitant, Kasid will be limited to no more than 960 work hours per fiscal year. It is anticipated the extra help assignment will last approximately one year, and no longer than three years, which will hopefully give enough time to recruit more full-time CSO-Detention employees.
Alternatives
The Council could decide to not approve the resolution and direct staff to identify another solution to this staffing and training need. This alternative is not recommended because the recommended action provides a viable temporary alternative at a cost that can be absorbed within the CPD’s existing budget and Kasid is uniquely qualified to fill the gaps and provide training specific to CPD processes and history. Other alternatives would be less expedient and would cause delays to important police jail functions.
City Council Agenda Report
Agenda Item No. 9.a
June 28, 2022
Financial Impact
Any costs related to this item will be absorbed in the existing CPD budget utilizing savings from position vacancies.
Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal. Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3) and 13378(b)(4).
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution
Res. No. 22-xx 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Approving Exception to the 180 Day
Waiting Period to Hire a CalPERS Retired Annuitant
in Accordance with Government Code Sections
7522.56 and 21224
Resolution No. 22-XX
/
WHEREAS, in compliance with Government (Gov.) Code Section 7522.56 of the Public Employees’ Retirement Law, the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, David Kasid, 7186, retired from the City of Concord in the position of Police Officer, effective June 13, 2022; and
WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 11, 2022, without this certification resolution; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement related incentive; and WHEREAS, the City Council, the City of Concord and David Kasid that certify that David Kasid has not and will not receive a Golden Handshake or any other retirement related incentive, or unemployment insurance compensation from the City of Concord; and WHEREAS, the City Council hereby appoints David Kasid as an extra help retired annuitant to perform the duties of the Limited Service-Public Safety Assistant for the City of Concord under Gov. Code Section 21224 effective July 5, 2022; and
WHEREAS, the entire employment agreement, contract or appointment document between David Kasid and the City of Concord has been reviewed by City Council and is attached herein as shown as Exhibit A; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and Attachment 1
Res. No. 22-xx 2
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $7,772 and the hourly equivalent is $44.84, and the minimum base salary for this position is $2,638 and the hourly equivalent is $15.22; and
WHEREAS, the hourly rate paid to David Kasid will be $ 44.84; and WHEREAS, David Kasid has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings; and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public meeting on June 28, 2022 on this matter; and WHEREAS, at such public meeting, the City Council considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public hearing, the oral report from City staff, the written report from City staff dated June 28, 2022, this Resolution, and all other information on which the City Council has based its decision (collectively, “Council Information”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals; Exhibit. The City Council hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals constitute findings in this matter, and together with the Council Information, serve as an adequate and appropriate evidentiary basis for the findings and
Res. No. 22-xx 3
actions set forth herein. The exhibits attached to this Resolution are incorporated herein by reference.
Section 2. Hereby certifies the nature of the appointment of David Kasid as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Limited Service-Public Safety Assistant for the City of Concord by July 5, 2022 to perform work exceeding regular staff work.
Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on 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 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 – Appointment Document Between Kasid and the City of Concord
CONCORD POLICE DEPARTMENT
Mark Bustillos, Chief of Police
June 29, 2022
David Kasid
Re: Offer of at-will retired annuitant limited duration extra help position Dear David:
On behalf of the City of Concord (“City”), it is my pleasure to offer you an at-will retired annuitant limited duration extra help position as a Limited Service-Public Safety Assistant. As discussed, this position offers an hourly rate of $44.84, which is paid on a bi-weekly basis. July 5, 2022 is your tentative start date.
While your workload may last more than one fiscal year, your employment will terminate when the limited duration work you are hired to perform is complete. As an at-will employee, either you or the City may terminate your employment at any time, with or without cause, or prior notice. The position is subject to the following California Public Employees’ Retirement System (“CalPERS”) requirements:1
Benefits: You will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly rate of pay.2 960 Hour Limit: The hours you work cannot exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined. Unemployment Insurance Payments: State law prohibits appointment of a retired annuitant by a CalPERS employer if, during the 12 month period prior to appointment, 1 You do not need CalPERS' approval to work as a retired annuitant. However, you and the City have equal responsibility to ensure your potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/forms-publications/employment-after-retirement.pdf. The requirements are based on California Public Employee Retirement Law (“PERL”) and federal tax law. If you work in violation of these laws, CalPERS must terminate your retirement and collect all of the retirement allowance paid to you during the period of your unlawful employment. The City recommends you contact CalPERS regarding your individual circumstances. You can reach CalPERS by telephone at 888-225-7377 or TTY at (877) 249-7442 (Monday through Friday, 8 a.m. through 5 p.m.).
2 The only exception would be if you are reimbursed dollar for dollar for job-related expenses (e.g., mileage reimbursement, etc.).
Exhibit A to Attachment 1
he/she received unemployment insurance compensation for prior retired annuitant employment with any CalPERS employer. State law also requires a retired annuitant must certify in writing that he/she complies with this requirement.
To facilitate your onboarding, a member of the Human Resources Department will contact you to schedule a time to meet with you on your first day of work. To facilitate this process, please bring your unexpired California driver license (“CDL”)
3 and proof of COVID-19 vaccination
with you to your onboarding appointment.
As employees, we are committed to our mission of joining with our community to make Concord a city of the highest quality. We look forward to working with you and the contributions you will make in helping us attain this goal.
If you agree with this offer of employment as aforementioned, please sign/date below and return a copy of the signed/dated letter to me no later than July 1, 2022.
Sincerely,
Mark Bustillos
Chief of Police
By my below signature, I accept the offer of employment as set forth in this letter, and I certify I have not received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to my appointment date.
Print name Signature Date
cc: Personnel File
3 In lieu of an unexpired CDL, you may present any unexpired documents that establish identity found in List A or List B of the Form I-9 found at www.uscis.gov/i-9.
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Karan Reid, Director of Finance
[email protected]
(925) 671-3192
Subject: Receive a presentation on options for addressing Unfunded Personnel Liabilities and consider providing direction to staff on next steps, if any, for developing funding plan(s) for addressing the City's unfunded personnel liabilities.
CEQA: Not a project/exempt per Public Resources Code
Section 21065, 14 Cal Code Regs. Sections 15060(c)(2),
15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
Report in Brief
On February 1, 2022, the City Council received a presentation updating the status of the City’s unfunded liabilities, including pension and retiree medical obligations. Following the presentation, Council requested staff return with options the Council could consider to address unfunded personnel liabilities. The staff report and presentation will provide information on options typically considered by municipalities to address these obligations. Council will have the option to provide direction to staff on next steps for developing funding plan(s) for addressing the City’s unfunded personnel liabilities.
Recommended Action
1. Receive a presentation on options for addressing Unfunded Personnel Liabilities.
2. Provide direction to staff on next steps, if any, for developing funding plan(s) for addressing the City’s unfunded personnel liabilities.
Background
On February 1, 2022, the Council received a presentation updating the status of the City’s unfunded liabilities, including pension and retiree medical obligations. Council requested staff return with options the Council could consider to pay down unfunded
9.b
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
personnel liabilities at a faster pace than currently scheduled. The February 1 presentation is available here and is included as Attachment 1.
The City’s unfunded personnel liabilities include City of Concord Retirement System (CCRS), California Public Employees’ Retirement System (CalPERS), and Retiree Medical (also called OPEB).
Ideally, these benefits are funded over employees’ active careers so the benefits are fully funded when an employee retires and begins to draw on the benefits. Pre-funding post-employment benefits is a best practice as 60-70% of funding typically comes from interest earnings when the benefits are funded over time. An unfunded liability exists when there is a gap between the funds currently set aside and what would be needed in the future to pay for benefits already earned.
The amount of annual funding needed to fully fund the benefits over time (usually 20-30 years) is determined by an independent actuarial valuation that provides the annual Actuarial Determined Contribution (ADC).Funding these benefits has been a critical focus of the Concord City Council and Council has directed staff to include the full amount of funding in its annual budgets.
Costs to both employers and employees have been increasing due to several factors:
investment performance underperforming expectations; demographic studies that increase lifespans; CalPERS Board actions to stabilize the CalPERS Pension system; and changing actuarial standards.
A summary of the most recent status of each of the City’s personnel liabilities is provided below.
California Public Employees’ Retirement System (CalPERS) CalPERS is a defined benefit pension plan funded by a combination of employee and employer contributions and interest earnings. Funding requirements are mandated by CalPERS and provided to employers through an annual actuarial valuation report. The most recent actuarial report is as of June 30, 2020. However, several CalPERS actions occurred after the June 30, 2020 report was released that impact the City’s costs and funded status. These actions include:
CalPERS investment return for the year ended June 30, 2021 was 21.3% compared to their assumed rate of return (discount rate) at that time of 7.0% The June 30, 2021 high return triggered CalPERS’ Funding Risk Mitigation Policy which automatically reduced the discount rate to 6.8%
CalPERS Board adopted a new strategic asset allocation to achieve the expected 6.8% return
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
CalPERS Board adopted new actuarial assumptions reflecting longer life expectancies and earlier retirement ages within some groups These changes will be reflected in the annual rates the City pays in Fiscal Year 2023-
24. The City’s recalculated Unfunded Actuarial Liability (UAL) is $188.1 million and is expected to drop to $181.5 million for all plans beginning in Fiscal Year 2023-24. The following chart shows the recalculated plan status as of June 30, 2021:
CalPERS Plan Status as of June 30, 2021
More detailed information on the City’s CalPERS pension liability is included as Attachment 2.
Retiree Medical
The City provides health insurance to its employees through CalPERS and coverage for retirees is required as part of the contract. The City engages an independent actuary to perform a valuation every two years.
The following chart reflects the most recent report as of June 30, 2020.
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
Retiree Medical Plan Status as of June 30, 2020
Significant changes were made to this benefit in 2016 that capped contributions for existing employees and reduced benefits to new employees. As a result, it is anticipated that there will be lower participation as employees retire and the City’s liability will decrease over time.
City of Concord Retirement System (CCRS)
CCRS is the City’s pension plan that closed in 1993 when the City transferred current employees to CalPERS. Those that remain in CCRS are those employees who were already retired and receiving benefits and those former employees that vested in CCRS but no longer worked for the City.
The City engages an independent actuary to perform a valuation every two years. The following chart reflects the most recent report as of June 30, 2020.
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
CCRS Plan Status as of June 30, 2020
On March 8, 2022, the City Council approved an additional annual payment above the ADC for CCRS of $1.4M. When combined with the annual ADC of $2.4M, this benefit is projected to be 90% funded in 10 years.
Analysis
In addition to being a management best practice to prefund personnel liabilities, addressing unfunded personnel liabilities provides intergenerational equity, reduces costs in the long-term and helps stabilize the operating budget.
Should Council desire to explore options to reduce unfunded personnel liabilities, staff recommends focusing prefunding options for the CalPERS pension plan as this is the largest unfunded personnel liability, is subject to the largest volatility as funding policy is set by CalPERS and reducing this unfunded liability will provide further progress towards Council’s goal of fiscal sustainability.
Since the retiree medical benefit has been significantly reformed, it is likely that the annual ADC will decrease over time as fewer retirees elect coverage under the City of
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
Concord’s program at retirement. This benefit is projected to be fully funded in 22 years by continuing to fund the annual ADC. Staff recommends considering increasing the funded level of this benefit once the CalPERS plans have attained Council’s desired funding level.
Council has already taken action to increase funding for CCRS so that it is projected to be 90% funded in approximately 10 years. As this is a closed, aging pension system, staff does not recommend funding beyond 90%. Funded status will be reviewed each operating budget cycle and the funding level can be adjusted at that time to achieve Council’s funding goal.
Funding Objectives:
In order to determine the most appropriate funding strategies to consider, it is important to define the objective(s) to be achieved. Primary objectives agencies have considered are:
Achieve a targeted funded status by a certain date
Reduce employer contributions over the long-term
Limit year to year contribution volatility
Increase flexibility regarding minimum required contributions in a given future year
Funding Strategies:
Below are the most common potential funding strategies. Each is discussed in more detail below.
A. Alter CalPERS UAL Schedule (fresh start)
B. Make additional discretionary payments (ADPs)
C. Utilize a pension prefunding trust (Section 115 Trust) D. Issue pension obligation bonds
E. Borrow internally
F. Finance capital projects and using the City’s internal available cash to pay down the higher CalPERS interest rate (tax-exempt exchange)
A. CalPERS Fresh Start
A Fresh Start is when multiple amortization bases are collapsed to one base and amortized together over a new funding period. Savings are achieved by reducing the Fresh Start funding period to fewer years than the current amortization bases are scheduled. The net effect is the City will owe more each year but for fewer years.
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
Once this option is elected, the City is not able to fall back to the previous funding schedule. As a result, CalPERS recommends an agency make additional discretionary payments rather than committing to a new, shorter amortization schedule. Staff does not recommend implementing a CalPERS Fresh Start strategy.
B. Additional Discretionary Payments (ADP)
Additional Discretionary Payments or ADP are payments made above the CalPERS required payment, similar to the additional annual payments Council recently approved for CCRS. Unlike the Fresh Start, ADP’s give Council more flexibility in funding additional payments as the payment amount and frequency can change each year based on the City’s cash flow.
There are various options for funding ADPs:
a) Continue the City’s practice of prioritizing ADPs from budget residual as part of the mid-year and mid-cycle budget process
b) Dedicate all or a portion of new revenues that have not yet been incorporated into the City’s budget or long-range forecast as funding for ADPs, such as:
I. New revenues from the hotel currently under construction—either all or a portion of the revenues
II. New revenues from the recently approved cannabis businesses— either all or a portion of the revenues
c) Incorporate ADPs into the City’s biennial operating budget. However, incorporating ADP’s in the operating budget may require reductions in other programs in order to maintain a balanced budget.
Staff recommends Council consider these ADP options, specifically identifying all or a portion of the new revenues described above to increase ADPs on an annual basis as part of developing the two-year budget and/or reviewing it at mid-cycle.
C. Section 115 Trust
A contribution to a 115 trust can help the City set aside funds to offset future payments to CalPERS and help mitigate the budget impact of future increases to the UAL. This is often used for rate stabilization such that the City budgets and sets aside higher contributions each year and then draws on those Section 115 funds when CalPERS rates increase.
An alternative use of a Section 115 Trust is to direct ADPs to a Section 115 Trust once CalPERS funded status reaches 90%.
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
If contribution rate stability is a main objective in addressing pension UAL, staff recommends Council consider combining the ADP approach described above with use of a Section 115 Trust.
D. Pension Obligation Bonds (POB)
Pension Obligation Bonds are taxable bonds that could be issued by the City and used to refinance some or all of the City’s Unfunded Accrued Liability (UAL).
Bond proceeds are deposited with CalPERS and invested, along with the plan’s other investments. For the portion of the UAL paid through bond proceeds, the City would make debt service payments to bondholders instead of making UAL contributions to CalPERS. POBs can be issued for the entire UAL or a portion of it. The City would then make two payments, the debt service payments to pay off the bonds and the normal cost pension contribution to CalPERS.
Currently, the UAL for Concord as of June 30, 2021 (the most recent information available) for all CalPERS pension plans is $188.1 million, which includes the Police Safety Plan of $111.7 million and Miscellaneous Plan of $76.4 million.
Pension Obligation Bond Analysis:
The POB issuance process takes approximately 6 months from when Council approves the related actions.
First, the City would hire an actuary to provide a risk analysis regarding the likelihood of success of the POB’s. This estimates whether the City is likely to save money over the term of the bonds compared to continuing to pay CalPERS the annual UAL payments.
Next step is to initiate a validation process. Formal legal court validation proceedings are required. This would include:
Adopting a resolution that authorizes: (1) the City to pursue the issuance of POBs to refund its CalPERS UAL, and (2) the commencement of judicial validation proceedings related to the issuance of such POBs. This requires a filing with Contra Costa County Superior Court seeking authorization to issue POBs.
Initiation of an 8-step validation process takes approximately 90-120 days.
Retaining validation (bond) counsel is a necessary part of this process.
Fees typically range between $25,000 to $35,000 plus court filing fees of $3,000 to $5,000. Fees can be higher if validation is challenged.
Once the POB issuance has been validated by the court, Council would approve the financing documents and staff would work with the City’s financing team to
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
market the bonds.
Risks
The success of POBs is dependent upon two variables: 1) borrowing rate on the bonds, and 2) CalPERS investment performance. POBs provide savings by refinancing the UAL at a taxable fixed rate well below the CalPERS discount rate of 6.8%. Also, when bond proceeds are invested with CalPERS, the pension plan may lose value if the market declines soon after the issuance. A market loss would limit the City’s ability to take advantage of compounding interest, likely reduce a significant portion of estimated budget savings in the first few years, and create a new UAL for the City.
Current Market Conditions:
Issuing POBs at this time is not an attractive option, due to current market movement and higher yields required to attract taxable investors. Based on interest rates as of early June, Fieldman Rollap & Associates, the City’s Municipal Financial Advisor, has estimated the City’s interest rate for POBs would be between 5.88%-6.00%, which includes an additional 75 basis points (0.75%) to adjust for possible market fluctuations. This rate is slightly below the CalPERS discount rate of 6.8% and may not produce significant savings over the 22-year term of the POBs.
Attachment 3 provides additional detail on POB financing approaches.
Staff is not recommending POBs be pursued at this point, given market trends.
E. Borrow Internally
The City could borrow internally to pay off a portion of the UAL. The City used a similar strategy to refinance the improvements to the Concord Pavilion. The borrowing rate would equal the current LAIF rate, with savings generated from the payoff used to repay the loan. The City does not currently have capacity to borrow the full $181 million internally so would continue to make UAL payments to CalPERS in addition to the internal loan repayments for the portion of UAL prepaid to CalPERS.
Staff does not recommend pursuing this option at this time.
F. Tax-Exempt Exchange
The City could leverage its cash by financing capital projects and reallocating cash budgeted for capital projects to the higher cost of the UAL. This concept is known as a tax-exempt exchange and can provide significant savings. The TaxExempt Exchange requires a 4-step process:
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
1. Identify capital projects to be funded with accumulated cash balances (other than financing proceeds)
2. Issue tax-exempt bonds to finance these projects instead of paying cash
3. Pay down the UAL using the cash planned for the capital project
4. The City would use the budgeted expenditures to pay the debt service on bonds issued for capital projects instead of making payments to CalPERS.
A tax-exempt exchange can be viewed as an alternative to making additional discretionary payments. However, the reduction in UAL payment to CalPERS would need to be at or higher than the debt service payment to be cost-neutral.
A challenge to using this approach currently is that few of the City’s current CIP projects are being funded on a cash basis at this point in time. .
Staff does not recommend pursuing this option currently.
Matching Objectives with Strategies:
The chart below demonstrates what strategies could be considered to address each objective.
Objective Possible Strategies
Achieve target funded status ADPs, POB, alter UAL (Fresh Start) Reduce long-term costs ADPs, POB, alter UAL (Fresh Start) Limit contribution volatility Alter UAL (Fresh Start), 115 Trust Increase flexibility with required contributions ADPs, 115 Trust Summary of Staff Recommendations:
Staff recommends Council continue the practice of prioritizing the use of budget residual towards making ADPs to CalPERS until the fund is at least 90% funded.
Staff further recommends Council dedicate all or a portion of new revenues from the new hotel tax and/or cannabis businesses towards making additional discretionary payments to pay down the City’s unfunded pension liabilities with CalPERS faster. With Council direction, staff will incorporate the ADPs into the next biennial budget.
Financial Impact
None at this time. Should the City accelerate payments for UAL, there would be longterm budget savings achieved from reduced interest payments on the UAL debt.
City Council Agenda Report
Agenda Item No. 9.b
June 28, 2022
Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of governments, which do not constitute a "project" within the meaning of Public Resources Code Section 21065; and/or even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3) and 15378(b)(4).
Public Contact
The City Council Agenda was posted.
Attachments
1. February 1, 2022 Presentation on City’s Unfunded Liabilities
2. Overview of City of Concord CalPERS Pension Plans
3. Pension Obligation Bonds
Update on City’s
Unfunded Liabilities and
Other Needs
KARAN REID, DIRECTOR O F F INANCE
FEBRUARY 1, 2022
CITY COUNCIL MEETING
1 Attachment 1
Agenda
1. Update on Personnel Liabilities
2. Other Unfunded Needs
3. Funding Considerations and Next Steps
2
Personnel Liabilities
3
Overview of Post-Employment Liabilities
Overview and Definitions
Benefit Liabilities:
o California Public Employees’ Retirement System (CalPERS) o Retiree Medical (OPEB)
o City of Concord Retirement System (CCRS) – closed pension plan 4
Steps Taken to Reduce Liabilities
2014 – Eliminated pension and retiree medical benefits for elected officials
2014 – Passed Fiscal Sustainability Ordinance
• Prioritized one-time funds for unfunded liabilities
2015 – Fully funding CCRS ADC
2016 – Significant changes to Employee Benefits
• Reduced retiree medical liability by $16 million
• Fully funding retiree medical ADC
Additional Discretionary Payments
• Prepay annual UAL payment
5
CalPERS
Annual Valuation as of June 30, 2020
Funded at 62% (best practice 80-100%
funded)
Current budget and 20-year forecast
includes full funding
◦ FY 2020/21 Employer Contribution: $19.3M
◦ FY 2020/21 Employee Contribution: $ 3.4M
◦ Total Liability: $567M
6 $348.7
Million
62%
funded
$218.2
Million
38%
unfunded
$- $200 $400 $600
44012
Millions
Funded (Assets) Unfunded
Total Liability $566.9 Million
CalPERS Board Actions
Funding Risk Mitigation Policy triggered
June 30, 2021 return = 21.3%
Discount rate lowered from 7.0% to 6.8% automatically July 1, 2021 New Strategic Asset Allocation
Added 5% leverage (borrowing money to buy assets)
Increased allocation to private assets (21% 33%)
Reduction of public equity exposure
New Actuarial Assumptions adopted
Anticipate negative impact from demographic updates
Changes will be reflected in FY 2023/24 rates
7
Challenges to Achieving Target Returns
US Treasury Yields Reduced to Near Zero
0%
2%
4%
6%
8%
10%
12%
14%
16%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
10Y Treasury
Low Risk
Assets
Higher Risk
Assets
PERF 10Y Rolling Return
Discount Rate
Rate
& Return
%
Asset Allocation
Projected Impacts: Discount Rate Change/Performance
9 55.6% Baseline at 7.0%
52.6%
30.1%
Projection at 6.8%
52.4%
45.2%
24.6%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048 Employer Rate
CalPERS
June 30, 2021 recalculated plan status
Unfunded liability drops by $18 million
Funded status increases with lowering of
discount rate
Estimated at 68% (compared to 62% in
the most recent valuation)
10 $419.6
Million
68%
funded
$184.3
Million
32%
unfunded
$0 $100 $200 $300 $400 $500 $600 $700
Millions
Funded (Assets) Unfunded
Total Liability $603.9 Million
11 $0
$5
$10
$15
$20
$25
$30
20222023202420252026202720282029203020312032203320342035203620372038203920402041204220432044204520462047 Millions
Projected CalPERS Payments
Total Employer Cost at 7.0% Total Employer Cost at 6.8%
Retiree Medical
Valuation Report as of June 30, 2020
Currently funded at 49%
(best practice 75-80%)
Current budget and 20-year forecast
includes full funding
◦ Annual Employer Contribution: $4.3M
◦ Total Liability: $66M
12 $32.6
Million
49% funded
$33.3
Million
51%
unfunded
$- $20 $40 $60 $80
44012
Millions
Funded (Assets) Unfunded
Total Liability $ 65.9 Million
CCRS
Valuation Report as of June 30, 2020
Currently funded at 57% (target 90%
funded)
Current budget and 20-year forecast
includes full funding
◦ Annual Employer Contribution: $2.4M
◦ Total Liability: $53M
13 $- $10 $20 $30 $40 $50 $60
Millions
Funded (Assets) Unfunded
$30.5 Million
57% Funded
$22.6 Million
43% Unfunded
Total Liability: $53.1 Million
Other Unfunded Needs
14
Other Unfunded Needs
1. Roads and Streets
2. Parks and Facilities
3. Equipment Replacement
15
Roads and Streets
16
Roads and Streets
Good News
◦ Critical New Roadway Investment made possible by Measure V ◦ $114M in infrastructure funding for roadways over 5 years ◦ Additional annual Measure V revenues to address residential roadways ◦ Five-Year Pavement Expenditure Plan stops decline in Concord’s Pavement Condition Index (PCI) and projected to improve PCI
Challenge in the Future
◦ After Five-Year Plan, annual funding drops to $12M vs. $23.6M needed to maintain PCI
◦ Funding gap by FY2025-26 of approximately $11.6M
17
Parks and Facilities
18
Parks and Facilities
Parks & Medians Backlog Assessment
◦ Worked with consultants to identify needs in FY 2014/15 ◦ Needs include: refurbish athletic fields, playgrounds, sports courts, fences, outdoor lighting, parking lots, pathways, benches, etc. Facility Needs
◦ Staff assessed upcoming needs: HVAC replacements, roofing, painting and structural repairs
◦ Need $1.1 M per year and currently fund $500,000 annually 19
Parks and Facilities
20 Description Deferred Maintenance Total Annual Additional Need Parks & Medians $ 24.2M $ 2.4M
Building Facilities 6.4M 0.6M
Total $ 30.6M $ 3.0M
Equipment
Replacement Needs
21
Equipment Replacement
Types:
◦ Furniture and Equipment for public facing facilities
◦ Public Safety Equipment
Past funding:
◦ Purchase replacement equipment out of current operating budget ◦ Large dollar replacements either deferred or result in budget spikes Backlog Assessment
◦ Worked with consultant to identify needs
22
Equipment Replacement
23 Description Annual Funding Need
Furnitureand Equipment $165,000
Public Safety Equipment 550,000
Total $715,000
Conclusion
24
General Fund Budget Challenges
Unfunded Personnel Liabilities: $ 240.2M Total
CCRS $ 22.6M
OPEB $ 33.3M
CalPERS $ 184.3M
Unfunded Capital and Equipment Needs: $ 3.7M Annually
◦ Annual Parks and Medians $ 2.4M
◦ Annual Facility Maintenance $ 0.6M
◦ Annual Replacement Equipment Needs $ 0.7M
Future Roads and Streets Needs > FY2026 $ 11.6M Annually 25
Funding Considerations
Utilize one-time funds to make additional contributions Mid-year budget update
Dedicate all or a portion of funding from new development Hotel tax from hotel currently under construction
Dedicate a portion of funding from Cannabis revenue
Issue Pension Obligation Bonds
26
Next Steps
Mid-year budget update March 2022
Council will consider recommendations to allocate one-time funds Staff will return to Council in May/June with options to pay down UAL faster 27
Questions?
28
Attachment 2
Overview of City of Concord CalPERS Pension Plans
Background
The City of Concord has contracted with the California Public Employee Retirement System (CalPERS) for pension benefits since 1993. The City has approximately 376 active and 658 retired employees (members) enrolled in the pension plan. In these plans, member earn service credit towards a lifetime retirement allowance after employment (defined benefit), calculated under a formula that accounts for the employee’s years of credited service, the employee’s final compensation, and age at retirement. For example, with 30 years of service, a “3 at 50” safety pension formula provides 90% of final compensation at age 50, and a “2.5 at 55” nonsafety pension formula with 30 years of service provides 75% of final compensation at age 55.
The CalPERS Board of Administration has absolute authority and fiduciary responsibility to ensure the System’s integrity, the investment of monies and the overall administration of CalPERS.
An unfunded liability for pension benefits generally exists when the value of all projected benefits payments to members exceeds the projected value of assets available to pay those benefits. The amount can change over time due to changes in benefits, pay levels, demographics, actuarial assumptions, and return on investments. State and local governments, including Concord, typically reduce their unfunded liability over time as part of their annual required pension contributions.
Several events have contributed to the increase in unfunded liabilities for agencies in the CalPERS system. In 1999, Senate Bill 400 (SB400) permitting more generous pension benefits to employees, both prospectively and retroactively, was approved. CalPERS also incurred negative investment returns due to the “dotcom” bubble in 2000 and again in 2008 during the Great Recession. On December 21, 2016, based on the expectation of lower investment return rates over the next decade, the CalPERS Board voted to lower the discount rate (investment rate of return) from 7.5% to 7% over three years.
In November 2021, the CalPERS Board adopted new actuarial assumptions, which will take effect in FY 2023-24. These assumption changes included reducing the discount rate from 7% to
6.8%, reducing inflation assumption from 2.5% to 2.3%, increasing the wage growth assumption from 2.75% to 2.8% and other demographic adjustments for mortality, terminations and disability. The actuarial changes, plus the 21.3% investment return for FY 2020-21 are expected to cause a net reduction of $30 million in the City’s UAL. The chart below highlights the expected revised UAL payment compared to the expected payments before the actuarial adjustments.
Attachment 2
16.7 18.0
19.2 19.6
20.3 20.7
21.2 21.7
22.2 21.1 21.0
19.9 19.5
18.7 17.3
16.5 15.6
15.0 15.2
12.8 9.8
17.3 17.7
17.2 17.1
16.7 17.2
17.7 18.2
17.2 17.1
15.9 15.5
14.8 13.4
12.6 11.7
11.1 11.3
9.0 6.0
0.0 5.0
10.0 15.0
20.0 25.0
CalPERS Unfunded Actuarial Liability Payment Schedule
Current Payment vs Payment with 2021 Changes
(in $ millions)
UAL Payment-Current UAL Payment-Updated w/2021 changes
City Council Actions to Address Pension Costs
The City Council has been working on addressing unfunded personnel liabilities for many years.
Below are some actions taken to address these costs:
2014 – Eliminated pension and retiree medical benefits for elected officials 2014 – Passed Fiscal Sustainability Ordinance
o Prioritized one-time funds for unfunded liabilities
2015 – Fully funding CCRS ADC
2016 – Significant changes to Employee Benefits
o Reduced retiree medical liability by $16 million
o Fully funding retiree medical ADC
Additional Discretionary Payments
Attachment 2
o CCRS: $17.0 million (plus recent additional ADP of $1.4 million annually) o OPEB: $17.5 million
o Prepay annual UAL payment to CalPERS
Unfunded Accrued Liability (UAL)
The Unfunded Accrued Liability (UAL) for Concord as of June 30, 2021 (the most recent information available) for all CalPERS pension plans is $188 million. This includes Policy Safety Plan of $112 million and Miscellaneous plan of $76 million. The City’s plans are currently 69% funded. The City is contractually obligated to enroll all full-time employees in the CalPERS system with few exceptions. If the Council wanted to offer an alternative pension plan, CalPERS would require the City to terminate its contract at the cost of over $667 million, which is financially prohibitive.
In Fiscal Year 2021, CalPERS earned a 21.3% net return on investments for the 12 months ended June 30, 2021. This brings the total fund performance to an average investment return of 10.3% for five years, 8.5% for a 10-year period, and 6.9% for a 20-year period. These returns are projected to lower the City’s UAL from $218 million to $181 million at the beginning of Fiscal Year 2023-24.
CalPERS Pension Plan Payments
The City’s annual payments to CalPERS are comprised of two primary components: 1) Normal Cost and 2) UAL payments. The Normal Cost is the pension benefits accrued by current employees during the year and is calculated as a percentage of payroll. The annual cost can change over time by the number of active employees in each CalPERS Plan (Safety and Miscellaneous) and in each benefit tier (Classic, Tier 1 and PEPRA). However, Normal Cost contribution rates do not fluctuate dramatically and remain relatively stable over time.
Table 1 shows the CalPERS estimated Normal Cost and UAL for FY 2022-23.
Table 1
CalPERS Plan
# of
Employe
es
Estimated
Payroll
Normal
Cost
Employ
ee
Share
City
Share
Annual
Normal Cost
Est. UAL
Payment Total
Miscellanous 235 $ 22,507,080 17.54% 7.31% 10.23% 2,302,474 7,254,591 9,557,065 Safety 149 21,026,222 19.29% 9.85% 29.14% 4,055,958 9,438,424 13,494,382 Total 384 $ 43,533,302 $ 6,358,432 $ 16,693,015 $ 23,051,447 The UAL is expected to be repaid over 22 years. Table 2 highlights the City’s current adjusted UAL incorporating the FY2021 investment gains, reduction in the discount rate to 6.8% and demographic updates.
Attachment 2
Table 2
(in millions)
CalPERS Plan
UAL Balance Prior to
FY2021 Investment
Gains & Change in
7% Rate
Impact From FY2021
Investment Gains &
Rate Change from 7%
to 6.8%
Projected UAL
Balance
6/30/2021
Projected UAL
Funded Ratio
6/30/2021
Miscellaneous $ 92.09 $ (15.74) $ 76.35 71.3%
Safety 126.35 (14.64) 111.71 67.3%
Total $ 218.44 $ (30.38) $ 188.06 69.1%
Unfunded Accrued Liability and Amortization Bases
A local agency’s UAL comprises amortization bases that form every time an actuarial assumption changes, method changes, and annual investment gain or loss occurs. Amortization bases are essentially loans at 6.8%, the current discount rate, with their own term and repayment schedule. Before 2018, the amortization period varied by the type of assumption change (e.g., investment gains and losses were amortized over 30 years while non-investment gains and losses were amortized over 20 years). In 2019, CalPERS changed the amortization period for most of its assumption changes to 20 years with a 5-year ramp up applied to investment gains and losses. New amortization bases can either add to the City’s UAL or result in a credit, which reduces UAL.
For example, in 2020 CalPERS reported a 4.7% investment return, which was 2.3% below the then current discount rate of 7%. This added $4.3 million to the Miscellaneous Plans UAL and $5.2 million to the Safety Plans. These balances will be amortized over 20 years with a 5-year ramp-up. Table 3 shows the amortization bases that comprise the Miscellaneous Plan UAL and Table 4 shows the amortization bases for the Safety Plan.
Attachment 2
Table 3 Miscellaneous Plan UAL Amortization Bases
Reason for Base Date Est
Ramp
Level 2022-
23 Ramp
Shape
Escalation
Rate
Amort.
Period
Balance
6/30/20
Expected
Payment
2021-21
Balance
6/30/21
Expected
Payment
2021-22
Balance
6/30/22
Minimum
Required
Payment
2022-23
Benefit Change 6/30/01 2.75% 0 1,721,335 908,320 902,255 933,300 - - Assumption Change 6/30/03 2.75% 3 1,381,371 309,402 1,158,019 317,910 910,232 326,653 Assets Change 6/30/03 2.75% 3 (71,859) (16,095) (60,240) (16,538) (47,350) (16,992) Method change 6/30/04 2.75% 4 (218,655) (41,616) (190,913) (42,761) (160,045) (43,937) Assumption Change 6/30/09 2.75% 9 6,660,961 760,825 6,340,225 781,748 5,975,394 803,246 Special (Gain)/Loss 6/30/09 2.75% 19 3,984,885 285,698 3,968,299 293,555 3,942,424 301,627 Special (Gain)/Loss 6/30/10 2.75% 20 6,405,041 446,014 6,392,033 458,279 6,365,428 470,882 Assumption Change 6/30/11 2.75% 11 3,553,075 356,437 3,433,089 366,239 3,294,565 376,310 Special (Gain)/Loss 6/30/11 2.75% 21 (531,577) (36,022) (531,526) (37,013) (530,446) (38,031) Payment (Gain)/Loss 6/30/12 2.75% 22 3,223,275 212,932 3,228,646 218,788 3,228,335 224,805 (Gain)/Loss 6/30/12 2.75% 22 8,516,434 562,603 8,530,623 578,074 8,529,802 593,971 (Gain)/Loss 6/30/13 100% Up/Down 2.75% 23 21,758,377 1,476,023 21,754,653 1,516,613 21,708,682 1,558,320 Assumption Change 6/30/14 100% Up/Down 2.75% 14 9,320,783 886,306 9,056,436 910,679 8,748,373 935,723 (Gain)/Loss 6/30/14 100% Up/Down 2.75% 24 (14,358,440) (949,479) (14,381,382) (975,590) (14,378,921) (1,002,418) (Gain)/Loss 6/30/15 100% Up/Down 2.75% 25 9,636,222 504,014 9,789,401 647,343 9,805,042 665,144 Assumption Change 6/30/16 100% Up/Down 2.75% 16 3,739,655 203,605 3,790,820 278,939 3,767,641 358,262 (Gain)/Loss 6/30/16 100% Up/Down 2.75% 26 10,233,063 402,146 10,533,394 550,940 10,700,835 707,613 Assumption Change 6/30/17 80% Up/Down 2.75% 17 3,935,324 143,503 4,062,356 221,174 4,117,937 303,009 (Gain)/Loss 6/30/17 80% Up/Down 2.75% 27 (1,633,084) (43,410) (1,702,496) (66,906) (1,752,463) (91,661) Method Change 6/30/18 60% Up/Down 2.75% 18 2,055,368 38,322 2,159,603 78,751 2,229,315 121,375 Assumption Change 6/30/18 60% Up/Down 2.75% 18 7,251,422 135,200 7,619,170 277,836 7,865,116 428,215 (Gain)/Loss 6/30/18 60% Up/Down 2.75% 28 368,520 229,096 157,338 4,182 164,026 6,446 Non-Investment (Gain)/Loss 6/30/19 0.00% 19 435,262 - 465,730 42,499 454,370 42,499 Investment (Gain)/Loss 6/30/19 40% Up Only 0.00% 19 786,217 - 841,252 18,393 881,114 36,786 Non-Investment (Gain)/Loss 6/30/20 0.00% 20 889,821 - 952,108 - 1,018,756 92,965 Investment (Gain)/Loss 6/30/20 20% Up Only 0.00% 20 3,746,336 - 4,008,580 - 4,289,181 93,779 Total 92,789,132 6,773,824 92,277,473 7,356,434 91,127,343 7,254,591 No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
Attachment 2
Table 4 Safety Plan UAL Amortization Bases
Reason for Base Date Est
Ramp
Level 2022-
23 Ramp
Shape
Escalation
Rate
Amort.
Period
Balance
6/30/20
Expected
Payment
2021-21
Balance
6/30/21
Expected
Payment
2021-22
Balance
6/30/22
Minimum
Required
Payment
2022-23
FS 30-Year Amortization 6/30/08 2.75% 18 (4,004,781) (296,253) (3,978,669) (304,400) (3,942,302) (312,771) Assumption Change 6/30/09 2.75% 9 3,713,767 424,192 3,534,943 435,857 3,331,535 447,843 Special (Gain)/Loss 6/30/09 2.75% 19 5,732,529 410,996 5,708,668 422,298 5,671,446 433,911 Special (Gain)/Loss 6/30/10 2.75% 20 5,438,714 378,724 5,427,669 389,139 5,405,077 399,840 Assumption Change 6/30/11 2.75% 11 3,624,444 363,596 3,502,048 373,595 3,360,742 383,869 Special (Gain)/Loss 6/30/11 2.75% 21 2,325,465 157,584 2,325,241 161,918 2,320,519 166,370 Payment (Gain)/Loss 6/30/12 2.75% 22 590,922 39,037 591,906 40,110 591,849 41,213 (Gain)/Loss 6/30/12 2.75% 22 28,964,174 1,913,397 29,012,433 1,966,016 29,009,641 2,020,081 (Gain)/Loss 6/30/13 100% Up/Down 2.75% 23 21,065,933 1,429,049 21,062,329 1,468,348 21,017,821 1,508,728 Assumption Change 6/30/14 100% Up/Down 2.75% 14 13,756,731 1,308,117 13,366,575 1,344,090 12,911,898 1,381,052 (Gain)/Loss 6/30/14 100% Up/Down 2.75% 24 (14,789,624) (977,992) (14,813,255) (1,004,887) (14,810,720) (1,032,521) (Gain)/Loss 6/30/15 100% Up/Down 2.75% 25 11,018,807 576,329 11,193,964 740,222 11,211,850 760,578 Assumption Change 6/30/16 100% Up/Down 2.75% 16 4,956,533 269,858 5,024,347 369,705 4,993,625 474,840 (Gain)/Loss 6/30/16 100% Up/Down 2.75% 26 10,625,869 417,582 10,937,730 572,088 11,111,599 734,775 Assumption Change 6/30/17 80% Up/Down 2.75% 17 6,875,964 250,735 7,097,919 386,445 7,195,032 529,430 (Gain)/Loss 6/30/17 80% Up/Down 2.75% 27 986,086 26,212 1,027,998 40,399 1,058,169 55,347 Method Change 6/30/18 60% Up/Down 2.75% 18 1,987,741 37,061 2,088,547 76,160 2,155,965 117,381 Assumption Change 6/30/18 60% Up/Down 2.75% 18 10,021,110 186,840 10,529,319 383,956 10,869,204 591,772 (Gain)/Loss 6/30/18 60% Up/Down 2.75% 28 2,088,673 266,063 1,959,662 52,091 2,042,955 80,285 Non-Investment (Gain)/Loss 6/30/19 0.00% 19 1,744,256 - 1,866,354 170,311 1,820,828 170,311 Investment (Gain)/Loss 6/30/19 40% Up Only 0.00% 19 980,728 - 1,049,379 22,944 1,099,102 45,887 Non-Investment (Gain)/Loss 6/30/20 0.00% 20 3,116,280 - 3,334,420 - 3,567,829 325,575 Investment (Gain)/Loss 6/30/20 20% Up Only 0.00% 20 4,579,230 - 4,899,776 - 5,242,760 114,628 Total 125,399,551 7,181,127 126,749,303 8,106,405 127,236,424 9,438,424 No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
No Ramp
Attachment 3
Pension Obligation Bonds
Considerations:
A Pension Obligation Bond (POB) is a taxable bond issued to fund all or a portion of the Unfunded Accrued Liability (UAL) at a lower interest rate. A 100% POB refinancing show potential annual budgetary savings of approximately $762,000-$905,000 each year. However, if new amortization bases are added, the UAL may increase or decrease with the City responsible for both the debt service on the POBs and the new base.
The success of the issuance of POBs cannot be fully known until the bonds mature and a comprehensive lookback review is completed. While the structure of the POB can mitigate some risks, the most significant risk - Market Timing – cannot be mitigated.
Market Timing is the inability to assess the potential for beneficial or adverse moments in the financial markets to determine if a one-time payment would be better than simply paying the UAL over time based on the CalPERS schedule. Should the Council be interested in evaluating the issuance of POBs, staff recommends engaging an actuary to provide a risk analysis regarding the likelihood the City would achieve savings through the issuance of the POBs versus continue to make annual UAL payments per the CalPERS schedule.
Should the Council desire to consider the issuance of POBs, staff recommends proceeding with the court validation proceeding. This can move the POB process forward without formally committing to issuing bonds. The window of low-interest rates in the taxable municipal bond market may close as market conditions change.
Pension Obligation Bonds:
POBs are a taxable debt issuance used to pay some of all of a City’s UAL. Bond proceeds are deposited with CalPERS that reduce or eliminate the UAL, and payments otherwise made to CalPERS are replaced with lower debt service payments to bondholders. Fundamentally, a POB is refinancing the current 6.8% annual interest on the CalPERS UAL with a lower interest rate, potentially creating significant savings.
Table 1 depicts three refinancing options of 100% of the UAL. They include using 1) 22-year proportional debt service repayment structure, 2) a 22-year level debt service schedule, and 3) a combination of the level structure in years 1 to 12 and proportional debt service in years 13 to
22. The average annual debt service payment for all plans is estimated at $13.9 million to $14.9 million, with an estimated borrowing rate of 5.88%-6.00%. All three options provide net present value savings (NPV) between $9.2 million to $11.0 million or 5.08% to 6.07%.
Table 1 comparing costing:
Attachment 3
Risk Analysis
The success of POBs is dependent upon two variables: 1) borrowing rate on the bonds and 2) CalPERS investment performance. POBs provide savings by refinancing the UAL at a taxable fixed rate well below the CalPERS discount rate of 6.8%. In addition, when bond proceeds are invested with CalPERS, the pension plan may lose value if the market declines soon after the issuance. A market loss would limit the City’s ability to take advantage of compounding interest, likely reduce a significant portion of estimated budget savings in the first few years, and create a new UAL layer for the City.
Government Finance Officers Association (GFOA)
The Government Finance Officers Association (GFOA) lists five key points of concern advising against the issuance of POBs. Those include: 1) invested POB proceeds might fail to earn more than the interest owed over the term on the bonds, increasing the liability, 2) POBs are complex instruments that carry considerable risk, 3) issuing POBs increases the City’s bonded debt burden and potentially uses up debt capacity, 4) POBs can be structured in a manner that extends the amortization/repayment period, and 5) rating agencies may not view the proposed issuance of POBs as credit positive.
Since the development of these five points following the Great Recession of 2008, pension reforms, policy changes by CalPERS and adaption in the POB market have occurred. Today, POBs are issued as plain vanilla fixed-rated bonds, without derivatives, and are structured with
Attachment 3
a 10-year options redemption feature. The City would issue the bonds with a debt service term equal to the current amortization period of 22 years and CalPERS UAL liability is already considered “debt” by the courts. The POB only replaces current debt with another form of debt.
Furthermore, it is recommended the City adopt a Pension Policy to memorialize how the City intends to use the budgetary savings that will result from the issuance of the POBS. A Pension Policy would outline the City’s policy objectives regarding funding its pension liability and implementation strategies. Rating agencies have responded positively to agencies that have adopted such policies.
Validation Proceedings
If a public entity choose to move forward to issue POBs, this requires the initiation of Validation Proceedings. Validation Proceedings are the process by which a court “validates” POBs as a refunding of existing debt. This is required for POBs as the California Constitution does not consider UAL payments as bonded debt by default. Without validation, refunding a City’s UAL with POBs would be considered a new debt obligation, thus requiring voter approval. Once a POB issue has completed validation; however, the UAL payments to CalPERS are treated as obligations by law and therefore can be refunded by POBs under local agency refunding law.
In order to obtain authorization to issue POBs, the City is required to file a validation action with the Contra Costa County Superior Court. Unless challenged, the judicial validation proceedings are an administrative matter manager by Validation Counsel.
In order to file a validation action, the City must first adopt a resolution 1) authorizing the City to issue POBs to refund its CalPERS UAL; and 2) authorizing judicial validation proceedings related to the issuance of such POBs.
Validation Procedures:
The validation proceedings require an 8-step sequential process, taking 90-120 days in Contra Costa County. The process and estimated timeline are outlined below:
1. Council approves a resolution authorizing its intention to sell pension obligation bonds1
2. File Validation action with Contra Costa County Superior Court
3. Receive Order for Publication of Summons from the Court ~ 1-2 weeks
4. Publication in the East Bay Times for 21 consecutive days
5. The waiting period to file a petition – minimum of 10 days and can take 2-3 weeks
6. The Clerk enters hearing for a default judgement, schedules a hearing in 15 days
7. Hearing for default judgement
1 Legal documents must be in substantially final form and the City must determine a not-to-exceed par value.
Bonds can be sold after the 30-day Appeal Period and the Council approves the Official Statement for the bonds and the final structure. The above described schedule is subject to potential delays due to the pandemic’s effects on the Court system.
Attachment 3
8. 30- day Appeal Period
Should the Council desire to move forward with the judicial validation action, a subsequent Council action is required to approve a Preliminary Official Statement for the bonds and to provide staff direction on the desired structure of the POB refunding. The ultimate bond issuance structure will be developed based on the Council’s direction as to several factors, such as amount of debt to be issued, whether level or hybrid debt service payments are desired, and the final term of the bonds.
The judicial proceedings are administrative matters usually handled by a bond counsel firm acting as validation counsel. Fees typically range between $25,000 to $35,000, plus court filing fees (additional $3,000 to $5,000). These fees are non-contingent and are due regardless of whether bonds are issued. If the validation is challenged and the City elects to defend the validation, the fixed fee cost would convert to an hourly basis ranging from $500 to $750 per hour based on actual costs to complete the validation. Staff is aware of a few validation challenges and zero being defended.
Required Legal Documents – Before the validation action is filed, the Council must first adopt a resolution: 1) authorizing the City to issue Pension Obligation Bonds to refund its CalPERS Unfunded Accrued Liability; and 2) authorizing judicial validation proceedings related to the issuance of such POBs. The authorizing resolution must also establish a not-to-exceed par value and maximum interest rate. After the validation is approved and to complete the sale of the POBs, the Council will approve Trust Indenture and Bond Purchase Agreement. A Preliminary Official Statement will also be drafted and approved by the City Council.
Below shows an approximate timeline for POB issuance:
Addressing Unfunded
Personnel Liabilities
KARAN REID, DIRECTOR OF FINANCE
JUNE 28, 2022
CITY COUNCIL MEETING
1
Agenda
1. Background
2. Existing Unfunded Personnel Liabilities
3. Objectives in Addressing Unfunded Personnel Liabilities
4. Funding Strategies
5. Council Direction
2
Background
3
Overview of Post-Employment Liabilities
Overview and Definitions
Benefit Liabilities:
o California Public Employees’ Retirement System (CalPERS) o Retiree Medical (OPEB)
o City of Concord Retirement System (CCRS) – closed pension plan 4
CalPERS
June 30, 2021 recalculated plan status
Unfunded liability is $188.1 million
Discount rate lowered to 6.8%
Funded status increases with lowering of
discount rate
Estimated at 69% (compared to 62% in
the most recent valuation)
5 $419.6
Million
69%
funded
$188.1
Million
31%
unfunded
$- $100 $200 $300 $400 $500 $600 $700
44377
Millions
Funded (Assets) Unfunded
Total Liability $607.7 Million
Retiree Medical
Valuation Report as of June 30, 2020
Currently funded at 49%
(best practice 75-80%)
Current budget and 20-year forecast
includes full funding
◦ Annual Employer Contribution: $4.3M
◦ Total Liability: $66M
6 $32.6
Million
49% funded
$33.3 Million
51% unfunded
$- $10 $20 $30 $40 $50 $60 $70
44012
Millions
Funded (Assets) Unfunded
Total Liability $ 65.9 Million
CCRS
Valuation Report as of June 30, 2020
Currently funded at 57% (target 90%
funded)
Current budget and 20-year forecast
includes full funding
◦ Annual Employer Contribution: $2.4M
◦ Council approved an additional $2.6M onetime and $1.4M ongoing ◦ Total Liability: $53M
7 $- $10 $20 $30 $40 $50 $60
Millions
Funded (Assets) Unfunded
$30.5 Million
57% Funded
$22.6 Million
43% Unfunded
Total Liability: $53.1 Million
Prefunding Focus
Staff recommends Council focus on CalPERS
Retiree Medical benefit: likely the ADC will decrease as fewer retirees elect coverage
CCRS: Recent Council action will fund benefit to 90% in 10 years 8
Objectives
9
Objectives
1. Achieve a targeted funded status by a certain date
2. Reduce employer contributions in the long run
3. Limit year to year contribution volatility
4. Increase flexibility regarding minimum required contributions in a given future year
10
Funding Strategies
11
Funding Strategies
1. Alter CalPERS UAL Schedule (Fresh Start)
2. Additional Discretionary Payments (ADPs)
3. Utilize Pension Prefunding Trust (Section 115 Trust)
4. Issue Pension Obligation Bonds
5. Borrow internally
6. Finance Capital Projects and use City’s internal cash to pay down UAL 12
Alter UAL Schedule (Fresh Start)
Multiple Amortization Bases collapsed to one new base and amortized over a shorter period
o City’s costs would increase each year but for fewer years o Irrevocable election: unable to revert to prior, lower scheduled payments Staff does not recommend this option
13
Additional Discretionary Payments (ADPs)
Payments made above the annual required contributions
Flexible as payment amount and frequency can change each year Funding Options:
o Continue prioritizing one-time revenues and budget residual o Incorporate into annual operating budget
o Dedicate new revenues, such as, new hotel tax and/or cannabis revenue Staff Recommends Council consider ADPs, specifically identifying all or a portion of new revenues on an annual basis
14
Section 115 Prefunding Trusts
Irrevocable Trust that can only be used for post-employment benefits Often used to offset future increases to the UAL (rate stabilization) Would not directly reduce UAL with CalPERS
Alternative use: direct ADPs to 115 Trust once CalPERS is funded at 90% If rate stability is a main objective, staff recommends combining the use of ADPs with a Section 115 Trust
15
Pension Obligation Bonds (POBs)
Taxable Bonds to refinance some or all of the UAL
o Proceeds of debt would pay down the CalPERS UAL
o City would make debt service payments to bondholders and normal cost contributions to CalPERS
o Achieve savings by refinancing at a rate well below CalPERS discount rate Current market conditions do not support POB issuance
o Yields required to attract taxable investors are estimated at 5.88% - 6.00% Staff does not recommend pursuing this option at this time 16
Borrow Internally
City could borrow internally to pay off a portion of the UAL Similar strategy to refinance improvements at the Concord Pavilion Borrowing rate would be equal to LAIF and savings would be used to pay off the loan
City does not have capacity to borrow the full $188M internally Staff does not recommend pursuing this option at this time 17
Tax-Exempt Exchange (Finance Capital Projects)
City could leverage cash by financing capital projects and use the cash on hand to pay down UAL
Then use budgeted expenditures to pay the debt service instead of making payments to CalPERS
Challenge is that few of the City’s current CIP projects are being funded on a cash basis
Staff does not recommend pursuing this option at this time 18
Matching Objectives with Strategies
19 Objective Possible Strategies
Achieve target funded status ADPs, POB, alter UAL (Fresh Start) Reduce long-term costs ADPs, POB, alter UAL (Fresh Start) Limit contribution volatility Alter UAL (Fresh Start), 115 Trust Increase flexibility with required contributions ADPs, 115 Trust
Council Direction
20
Summary of Staff Recommendations
Objective: Reduce City contributions in the long-term (pay down UAL faster)
Strategies:
Continue practice of prioritizing use of budget residual towards making ADPs to CalPERS until 90% funded
Dedicate all or a portion of new revenues from the new hotel and/or cannabis businesses to make ADPs
o With Council Direction, staff will incorporate ADPs into the next biennial budget
21
Questions?
22
Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Stefanie Ananthan, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering a Resolution adopting the City of Concord’s TwoYear Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027.
CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Section 15060(c)(2),
15061(b)(3), 15262, and/or 15378.
Report in Brief
On May 10, 2022, City Council held a budget workshop on the City of Concord’s (City) proposed Two-Year Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027. The CIP Budget outlines major expenditures and investments related to City infrastructure, facilities, parks, and information technology. At that meeting, Council and the public received a presentation from Director of Community Development, Kevin Marstall, Interim City Engineer, Bruce Davis, CIP Manager, Bernard Enrile, and Director of Information Technology, Greg Taylor, on the proposed CIP Budget. The public was provided an opportunity to consider the budget presentation and address the Council.
After receiving the presentation, the Council asked questions and provided comments to staff, with the understanding that staff would return for a public hearing at the June 28, 2022, Council meeting for adoption of the Resolution (Attachment 1) adopting the TwoYear CIP Budget and Five-Year Capital Improvement Plan.
10.a
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
Responses to Council comments are provided in the body of this report. Council is being asked to consider the information provided in this report and adopt the Two-Year CIP Budget and Five-Year Capital Improvement Plan.
Recommended Action
Adoption of a Resolution adopting the Two-Year Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027.
Background
On March 24, 2022, first public review of the proposed Two-Year CIP Budget for FY 2022-2023 and 2023-2024 was held before the Measure V Committee. On April 11, 2022, the proposed Two-Year CIP Budget was held before the Planning Commission.
On May 10, 2022, City Council held a public workshop on the proposed Two-Year CIP Budget for FY 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027. At the meeting, Council reviewed the proposed CIP Budget, allowed for public testimony, asked questions, and provided comments to staff on the following topics:
Tree Trimming near Grant/East Street
Council referenced the Grant/East Street pavement rehabilitation project and indicated to staff that the tree canopy needs to be trimmed due to obstruction of the traffic signal inbound on the curb lane before the traffic signal located at High School Street.
Response: Staff acknowledged the comment provided by Council and advised that staff would address the issue and ensure the tree canopy is trimmed within the month of July 2022.
Berms along Ellis Street
Council asked staff if it was possible to scrape off the berms within Ellis Lake Park along Ellis Street, as part of the planned sewer project.
Response: Staff acknowledged the comment but advised Council the current project does not include scope or funding which could encompass the significant grading and earth work required to remove the substantial height berms throughout Ellis Lake Park.
This would impact irrigation, existing amenities and path of travel throughout the park and would require a fully separate design and funded project.
Planter Buffer along Galindo Street Bicycle/Pedestrian Corridor Council referenced the planter buffer along the Galindo Street bicycle/pedestrian corridor and voiced concern over the recent mandate by CCWD to reduce water usage, asking staff to ensure timing of the landscaping is optimal because new planting, even drought-tolerant, still requires significant irrigation.
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
Response: Staff responded to Council, advising that they would note this concern and ensure installation of the landscaping, required for compliance with Clean Water regulations, is scheduled at an appropriate time.
Pavement Management Zone Map
Council referenced the Pavement Management Zone Map on PowerPoint slide 56 of staff’s presentation, and asked staff to forward a copy to Council following the meeting for easier viewing.
Response: The requested map was forwarded to Council on May 31, 2022, another copy of which is attached to this report as Attachment 6.
Pine Hollow Complete Streets Study Workshop
Council referenced the Pine Hollow Complete Streets Study, which proposes multimodal and operational strategies to enhance bicycle and pedestrian safety, traffic circulation, residential and school access, access to transit, and trail connectivity for all users. Council questioned the potential of including Alberta Way in the study extending north to Clayton Road. Council directed staff to include background information related to Alberta Way in the staff report for the Pine Hollow Complete Streets Study when the Study is before Council as a Workshop item.
Response: Staff responded and confirmed the background information related to Alberta Way and the Pine Hollow Complete Streets Study would be included in the future staff report. The Complete Streets Study will come before Council Fall 2022.
Implementation of License Plate Reader System
At the April 2, 2022, City Council Goal Setting Workshop, implementation of the proposed License Plate Reader (LPR) system (ITP-23-PD-03 – License Plate Reading Camera System and Database Integrator) was identified by Council as a Tier 2 Goal.
Therefore, as part of the May 10, 2022, City Council Budget Workshop, staff included the recommended funding for this project of $2.07M to be allocated from the $4.4M of available General Funds that Council set aside for the CIP during their Mid-Year Operating Budget Review which occurred in March of 2022. Council expressed the importance of expediting the implementation of the proposed LPR system.
Response: Staff acknowledged Council’s request to expedite implementation of the LPR system, which is anticipated to be brought before Council for award of contract in September 2022, with implementation complete early 2023.
Investing the Remaining $2.33 M of one-time Operating Funding During the workshop two funding alternatives were provided for Council consideration for the remaining $2.33M of one-time General Fund revenue. Alternative 1, included allocating $1.58M towards residential subarea, 3-N, which encompasses the area
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
bordered roughly by Lacey Ln/Tilson Dr to the south, Meadow Ln to the north, Monument Blvd to the east, and Gelbke Ln to the west, identified as project ENG-23- 026, and $750,000 towards residential subarea, 5-H, which comprises a portion of the Holbrook Heights neighborhood and is identified as project ENG-23-024. Council expressed support for staff’s recommended Alternative No.1, with slight modification to allocate an additional $300,000 to project ENG-23-009, to fund the entire design of Ayers Road.
Response: Staff has made the necessary funding modification to incorporate an additional budget allocation of $300,000 to the Ayers Road design (ENG-23-009) within the Two-Year CIP Budget before Council for adoption.
Analysis – CIP Budget Summary
The recommended Two-Year CIP Budget is approximately $121.2 million and is primarily funded with a combination of Measure V (Debt Issuance and Revenue), Gas Tax (including SB 1), Measure J (Local + 28a), Enterprise funds (Storm Water, Sewer, Golf Course, and Pavilion), and Information Technology funds (including PEG). In addition to recommending funding for 35 continuing projects, funding for 62 new projects is also proposed. This is the largest two-year CIP Council has ever approved and is the result of the voters supporting Measure V and Council leveraging the Measure V funding to borrow $114 million to front load roadway improvements over the next five years.
Continuing Projects – Recommended for Funding
As part of this Two-Year CIP Budget, several continuing projects are being recommended for additional funding, variably for either design or construction. As categorized below, there are 35 continuing projects which are being recommended for additional funding:
Pavement Maintenance
2452 – Galindo Street Pavement Rehabilitation
2495 – Citywide Street Assessment Study
2516 – Pavement Maintenance – Zone 1B
2517 – Pavement Maintenance – Zones 2B & 2E
2527 – Citywide Arterial and Collector Maintenance Project No. 2 2552 – Citywide On-Call Paving
2557 – Oak Grove Road Pavement Rehabilitation – Phase 3 2559 – Treat Boulevard Pavement Rehabilitation
2561 – Pavement Maintenance – Zone 3B
2562 – Pavement Maintenance – Zone 4Q
2563 – Pavement Maintenance – Zone 5L
2581 – Monument Boulevard Pavement Rehabilitation
Bicycle & Pedestrian/ADA Accessibility
2341 – Annual On-Call City Sidewalk Replacement Program – Cycle 3
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
Stormwater Management
2518 – Civic Center Greening
Sewer Infrastructure
2208 – Citywide Sewer Condition Assessment Study
2209 – Sewer Capital Facility Replacement – Holding Account 2244 – Citywide Sewer Main and Lateral Repair Program
2451 – Concord BART Area Sewer and Street Improvements
2513 – Whitman Road Sanitary Sewer Improvements
Buildings & Grounds Maintenance
2409 – Concord Pavilion – City Capital Expenditure Contribution Replacement 2429 – Civic Center Roof and Trim
2478 – Golf Course Maintenance and Safety Needs
2533 – Camp Concord Maintenance Repairs to Buildings and Roads Transportation Infrastructure
2463 – Install Countdown Pedestrian Signal
2464 – Traffic Safety and Traffic Calming
2508 – Citywide Signal Retiming
2541 – Off-Site Street Improvement Program (OSIP) Update 2573 – Innovative Transportation Program
2574 – Citywide Traffic System Upgrade – Phase 2
2577 – Transportation Grants Administration/Local Match 2578 – Monument Boulevard Traffic Operation Fiber Improvements 2579 – Clayton Road Traffic Operation Fiber Improvements – Phase 2 Information Technology
2529 – Enterprise Resource Planning (ERP) System Replacement Non-Categorized Projects
2257 – General Plan Update – Holding Account
2522 – Farm Bureau Undergrounding
Newly Proposed Projects proposed for Fiscal Years 2022-23 and/or 2023-24 Many new projects are recommended in the proposed Two-Year CIP Budget and detailed project information is provided in the attached CIP Budget Sheets for Completed, Continuing, Proposed, Future, and Unfunded Projects (Attachment 2).
As categorized below, there are 62 newly proposed projects, which are being recommended for funding:
Pavement Maintenance
ENG-23-007 – Cowell Road Pothole Base Repairs
ENG-23-009 – Pavement Maintenance – Zone 1G and Ayers Road
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
ENG-23-010 – Pavement Maintenance – Zone 4O
ENG-23-011 – Pavement Maintenance – Zones 5C & 5D
ENG-23-012 – Clayton Road Pavement Rehabilitation
ENG-23-013 – Pavement Maintenance - Zones 2H & 2Q
ENG-23-014 – Pavement Maintenance – Zone 3I
ENG-23-015 – Pavement Maintenance – Zone 4L
ENG-23-016 – Pavement Maintenance – Zone 1M
ENG-23-018 – Alberta Way Pavement Rehabilitation
ENG-23-019 – Pavement Maintenance – Zones 1E & 1F and Concord Boulevard ENG-23-022 – Citywide Arterial and Collector Maintenance Project No. 3 ENG-23-024 – Pavement Maintenance – Zones 5M & 5H and Port Chicago Hwy ENG-23-025 – Pavement Maintenance – Zone 4C
ENG-23-026 – Pavement Maintenance – Zone 3N
ENG-23-027 – Pavement Maintenance – Zone 2O
ENG-23-028 – Pavement Maintenance – Zone 1I
ENG-23-029 – Pavement Maintenance – Zone 2L and Port Chicago Hwy ENG-23-045 – Contra Costa Boulevard – Pleasant Hill Improvements Bicycle & Pedestrian/ADA Accessibility
ENG-23-003 – Bailey Road Crossing Enhancements
ENG-23-004 – Citywide Accessibility No. 9
ENG-23-005 – Citywide Accessibility No. 10
ENG-23-008 – David Avenue Enhancements
ENG-23-021 – Court Lane Bicycle Improvements
ENG-23-023 – Salvio Street Bikeway Improvements – Phase 2 ENG-23-032 – Council Chambers ADA Upgrade
ENG-23-040 – Willow Pass Park Pedestrian Crossing
PW-23-019 – City Sidewalk Replacement Program
Stormwater Management
ENG-23-034 – BART Cooperative Stormwater Green Infrastructure ENG-23-035 – Concord Logo/Caltrans Stormwater Green Infrastructure ENG-23-043 – CSU Campus Stormwater Green Infrastructure PW-23-017 – Blenheim Way Storm Drain Improvements
Sewer Infrastructure
ENG-23-001 – Concord Boulevard Sewer and Streetscape Improvements ENG-23-002 – Citywide Sanitary Sewer Capacity Upgrades
Buildings & Grounds Maintenance
ENG-23-042 – Meadow Homes Restroom Replacement
PR-23-001 – Concord Community Pool Family/Inclusionary Changing Room PR-23-002 – Willow Pass Community Center Interior Modernization PR-23-003 – Permanent Shade Structures for Concord Community Pool Deck
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
PR-23-004 – Centre Concord – Replacement Carpet and Tile PR-23-005 – Concord Community Pool Bulkhead
PW-23-006 – Police Department Generator and Transfer Switch Replacement PW-23-007 – Baldwin Park Senior Center Paint
PW-23-008 – Police Department Headquarters Exterior Painting PW-23-010 – Senior Center Boiler Replacement
PW-23-011 – Salvio/Colfax Garage Lighting Replacement
PW-23-012 – Corporation Yard Admin Roof Replacement
PW-23-014 – Willow Pass Recreation HVAC
PW-23-015 – Corporation Yard Slurry and Re-Stripe
PW-23-016 – Loop Pond Trail at Newhall Park
Transportation Infrastructure
PW-23-001 – Transportation Offices & Management Center at Corp Yard PW-23-002 – Citywide Streetlight Upgrade and Routine Maintenance PW-23-003 – Citywide Traffic Signal LED Replacement
PW-23-004 – Parking Garage Technology Solutions
PW-23-009 – Treat Boulevard Fiber Design & Build
PW-23-018 – Citywide Battery Backup Installation
Information Technology
ITP-23-IT-01 – Lighting & Camera Systems at Civic Center ITP-23-PD-02 – Motorola Radio EBRCS Encryption Upgrade
ITP-23-PD-03 – License Plate Reading Camera System and Database Integrator ITP-23-PR-01 – Centre Concord Replacement Audio/Visual System Non-Categorized Projects
ENG-23-033 – Market Street Utility Undergrounding – Phase 2 ENG-23-037 – Citywide Bridge Repair Program – Group 2B
ENG-23-038 – Citywide Bridge Preventative Maintenance Program – Phase 2 Subsequent to the May 10, 2022, meeting and proposed funding allocations presented to City Council, staff has identified the following additional needs,listed below:
$100,000 to Willow Pass Park Fitness Renovation, identified as Project No. 2523 $700,000 to Meadow Lane/Market Street Paving, identified as Project No. 2582 $1,000,000 to Pavement Management Annual Program Holding Account, identified as Project No. 2157
A summary of the funding allocations and their respective funding sources for all proposed projects, including the continuing projects to be funded, newly proposed projects to be funded, and three additional funding allocations, as described above, is included as Attachment 3 to this report.
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
Measure V Conformity
On March 24, 2022, the Measure V Committee reviewed and recommended to City Council support for the Measure V funding allocations to projects listed in the proposed Two-Year CIP Budget.
General Plan Conformity
On April 11, 2022, the Planning Commission reviewed and found that the proposed Two-Year CIP Budget is in conformance with the City’s General Plan.
Financial Impact
The proposed Two-Year CIP Budget totals $121.2 million. As discussed in detail in the May 10, 2022, City Council Agenda Report (linked as Attachment 4), funding for the Two-Year CIP Budget is derived from numerous sources. The approximate breakdown of the funding sources for the Two-Year CIP Budget is illustrated in the Two-Year CIP Budget Funding Chart (Attachment 5) and is summarized as follows: Measure V Debt Issuance (54%), Measure V Revenue (13%) Enterprise Funds for Sewer, Storm Water, Golf Course, and Pavilion (10%), Information Technology (2%), Measure J (5%), Gas Tax (1%), SB1 (5%), and Grants along with other various sources of funding, including transfers, (10%).
Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment, feasibility, and planning for future actions are not activities that constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15378, and/or 15262; 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) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. Individual projects will undergo CEQA analysis as necessary.
Public Contact
This is the fourth public meeting on the proposed Two-Year CIP Budget. The first was before the Measure V Committee, the second was before the Planning Commission, the third was a workshop before City Council. The City Council Agenda was posted.
Attachments
1. Resolution adopting the Capital Budget for Fiscal Years 2022-23 and 2023-24
2. CIP Budget Sheets (Completed, Continuing, Proposed, Future & Unfunded)
3. Fiscal Year 2022-23 / 2023-24 CIP Budget Project Funding Recommendation Summary
City Council Agenda Report
Agenda Item No. 10.a
June 28, 2022
4. May 10, 2022, City Council Agenda Report (can be found online at https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting ?id=802&doctype=1)
5. Two-Year CIP Budget Funding Chart
6. Pavement Management Zone Map
Res. No. 22-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting the City of Concord’s TwoYear Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and
Five-Year Capital Improvement Plan FY2022-2027
Resolution No. 22-XX
/
WHEREAS, on March 24, 2022, the Measure V Committee reviewed and recommended to City Council support for the Measure V funding allocations to projects listed in the proposed TwoYear Capital Improvement Program (CIP) Budget Fiscal Years 2022-2023 and 2023-2024; and WHEREAS, on April 11, 2022, the City of Concord Planning Commission determined and reported to the City Council for purposes of Government Code Sections 65401 and 65402 that the proposed public projects, street vacations and right-of-way acquisitions listed in the proposed TwoYear Capital Improvement Program (CIP) Budget Fiscal Years 2022-2023 and 2023-2024 are consistent with the General Plan; and
WHEREAS, the City Manager has recommended the Two-Year CIP Budget; and WHEREAS, at the May 10, 2022, City Council workshop, the City Manager presented the Two-Year CIP Budget and received comment and direction from Council regarding the proposed budget recommendations and strategy; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on June 28, 2022, on the Two-Year CIP Budget, considered testimony and information received at the public hearing, the oral and written reports from City staff dated May 10, 2022 and June 28, 2022, the Planning Commission General Plan consistency determination, the Measure V Committee support of Measure V funding allocations, as well as other documents contained in the record of proceedings relating to the Two-Year CIP Budget, which are maintained at the offices of the City of Concord City Clerk’s Office, 1950 Parkside Drive, Concord, CA and declared their intent to approve and adopt the Two-Year CIP Budget; and WHEREAS, the attached CIP Budget Sheets provide detailed project information, however, Attachment 1
Res. No. 22-XX 2
the attached Fiscal Year 2022-23 / 2023-24 CIP Budget Project Funding Recommendation Summary document serves as the source for all budget allocations and appropriations as identified in the TwoYear CIP Budget; and WHEREAS, the expenditures provided in said Two-Year CIP Budget, together with any revisions to it, are within the expenditure limitations imposed by Article XIII B of the California Constitution; and
WHEREAS, Policy & Procedure No. 129, Budget and Fiscal Policies, which provides the concepts and processes that help protect City resources and long-term fiscal health, was amended in June 2015 to reflect the implementation of a biennial budgeting process for the CIP Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment, feasibility, and planning for future actions are not activities that constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15378, and/or 15262; 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) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. Individual projects will undergo CEQA analysis as necessary.
Section 3. The City Council accepts the Measure V Committee’s March 24, 2022, support of the Measure V funding allocations to projects listed in the Two-Year CIP Budget.
Section 4. The City Council accepts the Planning Commission’s April 11, 2022, determination that the Two-Year CIP Budget complies with the goals and objectives of the General Plan.
Section 5. The City Council hereby adopts the Two-Year CIP Budget for Fiscal Years 2022- 2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027 as modified during the
Res. No. 22-XX 3
public hearings. A copy of the Two-Year CIP Budget as modified during the public hearings are on file with the City Clerk.
Section 6. 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 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
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 1854
Title: Marsh Drive Bridge Seismic Retrofit
Manager: Bernard Enrile
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Marsh Dr over Walnut Creek Channel
Begin Date: 7/1/1985
Completion Date: 1/1/2023
Related Projects:
Description: Replace the existing Marsh Drive Bridge over Walnut Creek to meet current seismic standards.
Pertinent
Issues:
The Marsh Drive Bridge Replacement over Walnut Creek (“Project”) by Contra Costa County - Public Works Department (“County”) replaces the existing, structurally-deficient Marsh Drive Bridge with a new concrete bridge to meet current structural, geometric, and hydraulic standards. The City is responsible to provide an encroachment permit for the County’s contractor, waiving City fees, and accepting/maintaining constructed improvements within the City. Project information, including construction schedule, is available at: www.contracosta.ca.gov/marshdrivebridge Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
260 State Gas Tax 28,812 28,812 28,812
262 State Gas Tax-Section 2103 106,955 81,502 25,453 25,453 106,955 400 Capital Projects General Fund Projects 30,000 30,000 30,000 30,000 402 Capital Projects- Reimburs 127,125 127,125 127,125
470 ISTEA Federal Grants 73,115 73,115 73,115
472 Measure C Local 150,001 150,001 150,001
476 AB2928 Traffic Congestion 8,045 8,045 8,045
Total: 524,053 468,600 55,453 55,453 524,053
Project Expenditures
504,053 446,318 57,735 57,735 504,053
Preliminary Studies 20,000 22,282 (2,282) (2,282) 20,000 Total: 524,053 468,600 55,453 55,453 524,053
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 2 Attachment 2
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2049
Title: Bailey Road Traffic Improvements
Manager: Abhishek Parikh
Proposed By: Public Works - Transportation
Classification: TIP-Local Streets and Roads
Location: Bailey Rd @ Myrtle Dr and Concord Blvd
Begin Date: 7/1/2024
Completion Date:
Related Projects:
Description: Project will construct traffic improvements at the intersections of Bailey Rd/Myrtle Dr and Bailey Rd/Concord Blvd.
Pertinent
Issues:
Traffic improvements at the intersections of Bailey Rd/Myrtle Dr and Bailey Rd/Concord Blvd were identified as mitigation measures in Environmental Impact Reports (EIR) approved by the City of Pittsburg and Contra Costa County. In the cumulative project scenario for all project EIRs, both intersections degrade to a Level-of-Service “F” without the improvements.
The Bailey Rd traffic improvements will be coordinated with the Naval Weapons Reuse Plan. The Naval Weapons developer(s) may fund the remaining project costs as part of the conditions to develop the Reuse Area.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs
461 Traffic Mitigation Bailey 242,000 242,000 242,000 242,000 Total: 242,000 242,000 242,000 242,000
Project Expenditures
Preliminary Studies 242,000 242,000
Total: 242,000 242,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 3
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2085
Title: Commerce Avenue Complete Streets
Manager: Aldrich Bautista
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Commerce Ave southwesterly of Concord Ave
Begin Date: 7/1/2017
Completion Date: 12/31/2021
Related Projects:
Description: The Commerce Avenue Complete Streets Project, Project No. 2085 [Federal Project No. STPL-5135 (054)], consisted of pavement rehabilitation of Commerce Ave from Concord Ave to the end of the cul-de-sac south of Royal Industrial Wy. The work included new curb ramps, driveways, street lighting, Class III bike route, and striping and pavement markings.
Pertinent
Issues:
This project is complete.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
260 State Gas Tax 35,086 35,086 35,086
261 State Gas Tax - Prop. 111 13,259 13,259 13,259
401 Measure Q Projects 30,547 30,547 30,547
402 Capital Projects- Reimburs 1,847,000 1,744,962 102,038 102,038 1,847,000 408 2015 Lease Rev Bond CIP 469,453 469,453 469,453
420 Osip - All Zones 407,000 401,226 5,774 5,774 407,000 474 Measure C 35,086 35,086 35,086
475 Measure J Local 182,548 181,683 865 865 182,548
477 Prop 1B LSR 2,452 2,452 2,452
479 Measure J Bond Capital
635 IT Improvement Projects Fund 3,964 3,964 3,964
Total: 3,026,395 2,917,717 108,678 108,678 3,026,395
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 4
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Project Expenditures
85,883 85,883 85,883
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
9,509 9,509 9,509
Construction 1,588,460 1,588,460 1,588,460
Construction Engineering 467,137 467,137 467,137
Contingencies
Design Engineering 234,481 234,481 234,481
Environmental Costs 5,500 5,500 5,500
Other Costs 578 578 578
Preliminary Studies 491,751 491,751 491,751
Right of Way 34,420 34,420 34,420
Total: 2,917,719 2,917,717 2 2 2,917,719
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 5
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2111
Title: Market Street Utility Undergrounding
Manager: Kevin Wheat
Proposed By: CDD - Engineering
Classification: TIP-Utility Undergrounding
Location: Market St (Willow Pass Rd to 900' West)
Begin Date: 5/1/2008
Completion Date: 12/31/2023
Related Projects: Utility Undergrounding - HOLDING ACCOUNT - 1228 Market Street Utility Undergrounding - Phase 2 - ENG-23-033 Description: The initial project scope to underground overhead utility lines along easterly side of Market St fronting Chuck E. Cheese was lengthened to meet PG&E's Rule 20A minimum requirements. The developer provided matching funds for undergrounding fronting Chuck E. Cheese, per Conditions of Approval, $20,000 for administrative costs and $19,000 for cost of the streetlight replacement.
Pertinent
Issues:
This project is in PG&E's Rule 20A queue for design/estimating but currently on hold pending PG&E staff availability, with construction unscheduled.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 39,000 8,790 30,210 30,210 39,000 475 Measure J Local 108,000 2,773 105,227 105,227 108,000 Total: 147,000 11,563 135,437 135,437 147,000
Project Expenditures
39,000 8,790 30,210 30,210 39,000
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
148 (148) (148)
Construction 70,000 70,000 70,000 70,000
Contingencies 12,000 12,000 12,000 12,000
Design Engineering 24,000 1,452 22,548 22,548 24,000
Preliminary Studies 2,000 1,174 826 826 2,000
Total: 147,000 11,563 135,437 135,437 147,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 6
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2157
Title: Pavement Management Annual Program - HOLDING ACCOUNT Manager: Stefanie Ananthan
Proposed By: CDD - Engineering
Classification: TIP-Annual Programs
Location: Citywide
Begin Date: 7/1/2011
Completion Date:
Related Projects: Pavement Maintenance – Zone 3 - 2443, Pavement Maintenance – Zone 4 - 2444, Citywide Street Assessment Program - 2495
Description: This project is a holding account to fund pavement assessment and preservation projects.
Pertinent
Issues:
Provide well maintained roads to facilitate transportation of residents, goods and services for the enhancement of the quality of life and the economic development of the City. Pavement Management is an important strategy to extend the life of roadways. To preserve and maintain the City’s streets, it is important to use the right treatment at the right time and the right location. Each year staff will determine the right strategy of pavement preservation to be utilized, including: slurry seal, cape seal (chip seal), micro surfacing, thin hot-mix asphalt (HMA) overlay, mill-and-fill with HMA and variations thereof which include rubberized asphalt. The pavement preservation strategy chosen will be dependent upon the current available funding and the priority roadways. As projects are identified, they are spun-out and funding is transferred for implementation and expenditure tracking purposes.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs
262 State Gas Tax-Section 2103 365,680 365,680 (255,680) (310,000) (200,000) (200,000) 000 Unfunded 1,000,000 1,000,000 1,000,000
260 State Gas Tax 5,000 5,000 5,000 5,000
261 State Gas Tax - Prop. 111 14,135 14,135 14,135 14,135 400 Capital Projects General Fund Projects
401 Measure Q Projects 4,338 4,338 4,338 4,338
408 2015 Lease Rev Bond CIP 2,600 2,600 2,600
475 Measure J Local 2,174,710 2,174,710 (672,514) 1,502,196 1,502,196 477 Prop 1B LSR
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 7
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
485 Measure J 28(a) 69,858 69,858 69,858 69,858
Total: 2,636,321 2,600 2,633,721 71,806 (310,000) 2,395,527 2,398,127 Project Expenditures
562 (562) (562)
Preliminary Studies 2,038 (2,038) (2,038)
Total: 2,600 (2,600) (2,600)
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 8
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2208
Title: Citywide Sewer Condition Assessment Study
Manager: Bernard Enrile
Proposed By: CDD - Engineering
Classification: CIP-Sewer and Sanitation
Location: Citywide
Begin Date: 7/1/2022
Completion Date:
Related Projects: Sewer Capital Facility Replacement - HOLDING ACCOUNT - 2209, Sanitary Sewer Master Plan Study - 2501, Clayton Valley Highlands Sanitary Sewer Repairs - ENG-23- 039, David Avenue Area Sanitary Sewer Repairs - ENG-23-041, Whitman Road Sanitary Sewer Improvements - 2513, Concord Boulevard Sewer and Streetscape Improvements - ENG-23-001
Description: Analyze sewer mains in cities of Clayton and Concord for hydraulic capacity and structural defects to develop a Condition Assessment Prioritization list for repairs and rehabilitation.
Pertinent
Issues:
As projects are identified from the Prioritization List, they will be developed into new projects and managed by the Engineering Division - Capital Improvement Program (CIP) Section. The funding source for these projects will be the Sewer Capital Facility Replacement project (PJ 2209).
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
000 Unfunded 200,000 125,000 325,000 150,000 150,000 150,000 750,000 1,525,000 710 Sewer Operating 675,000 595,436 79,564 79,564 675,000 Total: 675,000 595,436 79,564 200,000 125,000 404,564 150,000 150,000 150,000 750,000 2,200,000 Project Expenditures
500 374 126 126 500
Preliminary Studies 674,500 595,062 79,438 200,000 125,000 404,438 150,000 150,000 150,000 750,000 2,199,500 Total: 675,000 595,436 79,564 200,000 125,000 404,564 150,000 150,000 150,000 750,000 2,200,000 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 9
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2209
Title: Sewer Capital Facility Replacement - HOLDING ACCOUNT Manager: Bernard Enrile
Proposed By: CDD - Engineering
Classification: CIP-Sewer and Sanitation
Location: Citywide
Begin Date: 7/1/2011
Completion Date:
Related Projects: Citywide Sewer Condition Assessment Study - 2208 Sanitary Sewer Master Plan Study - 2501
Description: This project is a holding account to fund sewer maintenance and rehabilitation projects identified by the Condition Assessment Prioritization list and other sewer repair needs.
Pertinent
Issues:
Projects will strive to use trenchless technologies for rehabilitation including pipe bursting, pipe reaming and Cure-in-Place Pipe (CIPP) where possible, but may also implement open cut trenching projects.
As projects are identified from the Prioritization List, they will be developed into new projects and managed by the Engineering Division - Capital Improvement Program (CIP) Section. Projects may be bundled by location or repair method. An allocation of approximately 1% of the value of the infrastructure should be set aside annually.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
000 Unfunded 1,000,000 1,000,000 1,000,000
710 Sewer Operating 2,062,900 2,062,900 2,062,900 2,062,900 Total: 2,062,900 2,062,900 1,000,000 3,062,900 3,062,900 Project Expenditures
Total:
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 10
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2218
Title: Citywide Technology Hardware and Software Replacement Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2011
Completion Date: 6/30/2024
Related Projects: Replace Citywide Electronic Document Management System - 2258 Description: This project is to fund all Citywide technology hardware and/or software replacements.
Pertinent
Issues:
Citywide technology replacement, which includes telephone, GIS, network, and computer hardware and software, used by all city departments, need to be replaced on a scheduled basis in order to reduce maintenance costs and provide staff with reliable, state-of-the-art technology to accomplish their program objectives. Excludes specialized hardware, software and radio equipment used by the Police for RMS/CMS.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 5,465,638 3,687,547 1,778,092 1,778,092 5,465,638 Total: 5,465,638 3,687,547 1,778,092 1,778,092 5,465,638 Project Expenditures
825,000 823,120 1,880 1,880 825,000
Preliminary Studies 4,640,638 2,864,427 1,776,211 1,776,211 4,640,638 Total: 5,465,638 3,687,547 1,778,092 1,778,092 5,465,638 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 11
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2242
Title: Replace Pump System Components at four (4) Park Locations Manager: Bruce Davis
Proposed By: CDD - Engineering
Classification: CIP-Parks and Recreation
Location: Ellis Lake Park, Newhall Park, Cambridge Park & Concord Community Park Begin Date: 7/1/2014
Completion Date: 11/30/2021
Related Projects:
Description: This project focused on replacement of the pump systems at Ellis Lake Park, Newhall Park, Cambridge Park, and Concord Community Park.
Pertinent
Issues:
Pump components at Ellis Lake Park, Newhall Park, and Cambridge Park have been replaced. Concord Community Park pump components and pump transmission lines have been replaced. Corrosion and deterioration on transmission lines has contributed to low irrigation flow at the Park.
This project is complete.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
407 2021 Debt Issuance (Measure V) 300,000 159,874 140,126 (138,000) 2,126 162,000 450 Parkland Dedication Area A 133,000 115,855 17,145 17,145 133,000 480 Measure WW EBRPD Fund 535,409 535,898 (489) (489) 535,409 Total: 968,409 811,626 156,782 (138,000) 18,782 830,409 Project Expenditures
3,200 3,200 3,200
Construction 962 962 962
Construction Engineering 3,281 3,281 3,281
Preliminary Studies 804,183 804,183 804,183
Total: 811,626 811,626 811,626
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 12
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2244
Title: Citywide Sewer Main and Lateral Repair Program
Manager: Bernard Enrile
Proposed By: CDD - Engineering
Classification: CIP-Sewer and Sanitation
Location: Citywide
Begin Date: 7/1/2012
Completion Date:
Related Projects:
Description: Annual construction to repair and replace sanitary sewer mains and City owned sewer laterals.
Pertinent
Issues:
Engineering condition assessment studies and inspections performed by Public Works of existing sewer mains have determined that broken sewer mains and laterals generate a great amount of the groundwater into the sewer pipelines. This infiltration hinders system flow and can increase sewer treatment costs assessed by CCCSD. Damaged pipe can also result in repeated and costly maintenance.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
710 Sewer Operating 950,000 910,344 39,656 250,000 250,000 539,656 250,000 250,000 250,000 750,000 2,950,000 Total: 950,000 910,344 39,656 250,000 250,000 539,656 250,000 250,000 250,000 750,000 2,950,000 Project Expenditures
143,865 143,865 143,865
Construction 39,656 39,656 250,000 250,000 539,656 250,000 250,000 250,000 750,000 2,039,656 Preliminary Studies 766,479 766,479 766,479
Total: 950,000 910,344 39,656 250,000 250,000 539,656 250,000 250,000 250,000 750,000 2,950,000 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 13
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2257
Title: General Plan Update - HOLDING ACCOUNT
Manager: Mindy Gentry
Proposed By: CDD - Planning
Classification: CIP-Miscellaneous
Location: Citywide
Begin Date: 2/5/2013
Completion Date:
Related Projects: General Plan Update - 2461
Description: This project will provide an update to the City's General Plan. This process is initiated approximately every 10 years. The next comprehensive General Plan update has not been scheduled. The cost associated with such an update effort plus required environmental review is well-over $2 million. A portions of the funds for the updates are collected through a Development Services permit surcharge.
Pertinent
Issues:
This holding account is intended to accumulate sufficient funds over time to allow consultants to be hired for a complete General Plan update.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
000 Unfunded 200,000 200,000 400,000 200,000 200,000 200,000 1,000,000 223 General Plan Reimb 1,160,287 795 1,159,492 1,159,492 1,160,287 400 Capital Projects General Fund Projects 823,278 3,338 819,940 819,940 823,278 Total: 1,983,565 4,133 1,979,432 200,000 200,000 2,379,432 200,000 200,000 200,000 2,983,565 Project Expenditures
Preliminary Studies 3,500 4,133 (633) 596,013 596,013 1,191,393 596,013 596,013 596,013 2,983,565 Total: 3,500 4,133 (633) 596,013 596,013 1,191,393 596,013 596,013 596,013 2,983,565 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 14
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2258
Title: Replace Citywide Electronic Document Management System Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2014
Completion Date: 6/30/2024
Related Projects: Citywide Technology Hardware and Software Replacement - 2218 Description: This project replaces the Citywide document management system.
Pertinent
Issues:
Replacement of the City's electronic document management system is required to preserve the City's vital records in accordance with Federal, State, and Local mandates. A new system provides document management functionality to all Departments, as well as improves and streamlines the current manual process of preparing City Council, Council Committee, Board, and Commission meeting agendas, voting records, and meeting minutes.
A portion of the project was previously funded by a transfer of $294,899 in IT Projects funds from PJ 2218.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 125,000 106,906 18,094 18,094 125,000 635 IT Improvement Projects Fund 840,899 301,461 539,438 539,438 840,899 Total: 965,899 408,367 557,532 557,532 965,899
Project Expenditures
49,500 49,500 49,500
Preliminary Studies 325,500 358,867 (33,367) 290,889 300,000 557,522 916,389 Total: 375,000 408,367 (33,367) 290,889 300,000 557,522 965,889 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 15
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2271
Title: Public Works Asset Management
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2013
Completion Date:
Related Projects:
Description: This project provides a computerized asset management system for Public Works including Sewer, Streets, Parks, and Facilities Maintenance Divisions.
Pertinent
Issues:
Accela Asset Management™ tracks and manages our assets, work orders, and resources, providing an automated solution for costing, inventory, maintenance, investigations, and inspections. Accela Asset Management is flexible enough to manage all our agency’s assets—fleet, street, parks and recreation, wastewater, facilities, sewer, and more. This gives the department the ability to automate all the activities associated with tracking and managing our community’s assets and resources while improving efficiencies, reducing costs, and ensuring that the public is able to consistently enjoy optimal use of the infrastructure and facilities that improve and enhance their quality of life. Implementation of the Asset Management System related to the City's Sewer Infrastructure was funded in FY14-15 with Sewer Enterprise Funds.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 142,427 142,426 1 1 142,427 635 IT Improvement Projects Fund 120,000 120,000 120,000 Total: 262,427 262,426 1 1 262,427
Project Expenditures
60,950 60,950 60,950
Preliminary Studies 201,477 201,476 1 1 201,477
Total: 262,427 262,426 1 1 262,427
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 16
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2272
Title: P.D. Law Enforcement Records Management System (RMS) Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Police Department
Begin Date: 7/1/2014
Completion Date: 12/15/2020
Related Projects: Mark43 Computer Aided Dispatch and Records System - 2509 Description: This project replaced current Crime Management System (CMS) system that is at end-of-life, after 13 years of service. In addition, the new CMS will automate reporting to the State and FBI, and provide Crime analysis capability.
Pertinent
Issues:
This project will provide the City with Federal and State reporting abilities as required by the Department of Justice. The current system was built by the City and no longer meets the needs of the Police Department. In addition, it is no longer maintainable since it was built on software that is no longer supported by the vendor.
This project is complete.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 525,000 524,021 979 979 525,000 405 405-Federal Asset Forfeiture
406 406-Local Asset Forfeiture 87,498 87,498 87,498
635 IT Improvement Projects Fund 637,988 618,073 19,915 19,915 637,988 Total: 1,250,485 1,229,592 20,894 20,894 1,250,485
Project Expenditures
Preliminary Studies 1,229,592 1,229,592 1,229,592
Total: 1,229,592 1,229,592 1,229,592
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 17
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2275
Title: PCI Security - Replace Downtown Security Cameras Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Downtown
Begin Date: 7/1/2013
Completion Date: 6/30/2024
Related Projects:
Description: Replace the obsolete and broken cameras and DVRs in the two downtown City parking garages.
Pertinent
Issues:
Replace the 25 broken and/or obsolete analog cameras and DVRs with networked cameras connected to the City Video Management System.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 101,000 89,057 11,943 11,943 101,000 402 Capital Projects- Reimburs 24,000 24,000 24,000 24,000 Total: 125,000 89,057 35,943 35,943 125,000
Project Expenditures
Preliminary Studies 125,000 89,057 35,943 35,943 125,000 Total: 125,000 89,057 35,943 35,943 125,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 18
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2309
Title: Todos Santos Plaza Decorative Tree Lighting
Manager: Bob Hardie
Proposed By: Public Works - Infrastructure Maintenance
Classification: CIP-Building and Grounds
Location: Downtown
Begin Date: 7/1/2014
Completion Date: 2/28/2023
Related Projects:
Description: The visual project improves the image of Concord and enhances the unique characteristics of the City's downtown. The lighting will make Todos Santos Plaza a more enjoyable place to be while improving public safety. This project will replace existing decorative tree lights and related appurtenances in twenty-four trees which surround Todos Santos Plaza with LED string lights.
Pertinent
Issues:
The project will be funded with bond proceeds designated for Visual and Performing Arts from the former Redevelopment Agency, subject to Successor Agency and the CA Department of Finance approvals. Money currently in project (1/22) will be used for lights replacement 2/2023.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
286 Public Art: Bond Proceeds 132,000 74,957 57,043 57,043 132,000 506 RDA Art in Public Places
630 Building Maintenance Fund 10,000 10,000 10,000 10,000 Total: 142,000 74,957 67,043 67,043 142,000
Project Expenditures
Preliminary Studies 142,000 74,957 67,043 67,043 142,000 Total: 142,000 74,957 67,043 67,043 142,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 19
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2311
Title: Street Legends and Markings Replacement
Manager: Jesse Crawford
Proposed By: Public Works - Infrastructure Maintenance
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/1/2014
Completion Date: 6/30/2024
Related Projects:
Description: Repair and/or replace various streets legends and markings in higher traffic areas throughout the City. This project will also replace long-line stripes and raised pavement markers that have reached the end of their service life.
Pertinent
Issues:
The current legends and markings have reached the end of their service life and need to be replaced. The specific legends are in high traffic areas and would be more efficiently installed by markings contractors. Additionally, the City does not have the proper equipment to install long-line markings. This project could recognize some budgetary savings if it could be included as an additional bid item in the City's annual paving program.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
262 State Gas Tax-Section 2103 50,000 22,975 27,025 27,025 50,000 401 Measure Q Projects 50,000 33,260 16,740 16,740 50,000 475 Measure J Local 100,000 100,000 100,000
Total: 200,000 156,235 43,765 43,765 200,000
Project Expenditures
Construction 100,000 100,000 100,000
Preliminary Studies 100,000 56,235 43,765 43,765 100,000 Total: 200,000 156,235 43,765 43,765 200,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 20
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2321
Title: Galindo Street Multi-Modal Design Improvements
Manager: Abhishek Parikh
Proposed By: Public Works - Transportation
Classification: TIP-Local Streets and Roads
Location: Galindo St
Begin Date: 10/7/2014
Completion Date: 6/30/2024
Related Projects: Galindo Street Pavement Rehabilitation - 2452, Complete Street Feasibility Study - 2465 Description: Prepare a precise alignment plan for multi-modal design improvements to the Concord Ave/Galindo St corridor and identify the need for additional right-of-way to allow for a safe transition of southbound lanes from Concord Blvd to Clayton Rd.
Pertinent
Issues:
The final improvements for this project will require full pavement rehabilitation and traffic signal modifications on Concord Ave/Galindo St between Bonifacio/Harrison St and Laguna St. A limited amount of right-of-way will be needed on the west side of Galindo St from Concord Blvd to Clayton Rd to accommodate the lane transitions for southbound traffic. This project is consistent with Policy C-2-4 of the Downtown Concord Specific Plan. When completed, the precise alignment plan and right-of-way review will help leverage this project to compete for outside grant funding to complete final design, right-of-way acquisition and construction.
NOTE: This project is for preliminary design only. It does not include funds for final design, right-of-way, or construction.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
485 Measure J 28(a) 125,000 47,640 77,360 77,360 125,000 Total: 125,000 47,640 77,360 77,360 125,000
Project Expenditures
Preliminary Studies 47,640 47,640 77,360 77,360 125,000 Total: 47,640 47,640 77,360 77,360 125,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 21
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2341
Title: Annual On-Call Citywide Sidewalk Replacement Program - Cycle 3 Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Annual Programs
Location: Citywide
Begin Date: 10/15/2019
Completion Date:
Related Projects: Annual Citywide Sidewalk Improvement Program - HOLDING ACCOUNT - 1173 City Sidewalk Replacement - PW-23-019
Description: Annual On-Call Citywide Sidewalk Replacement Program - Cycle 3 is an on-call services program for “as-needed” replacement of sidewalks, driveways, curb & gutter, and ADA ramps in various locations Citywide.
A one-year “on-call” services contract with renewable option for up to two added years upon mutual agreement of the Contractor and City of Concord.
The locations of sidewalk replacement will be specified in individual work orders issued by the City, based on requests and funding received by property owners or as otherwise required by the City.
Pertinent
Issues:
On-call contract was Awarded in October 2019. It is desired to continue annual funding for this program as funds allow.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 788,247 1,421,841 (633,595) (633,595) 788,247 000 Unfunded 25,000 25,000 50,000 25,000 25,000 25,000 125,000 210 Downtown Maint. District 49,442 46,917 2,525 2,525 49,442 407 2021 Debt Issuance (Measure V) 500,000 500,000 (500,000) 475 Measure J Local 240,138 104,291 135,847 135,847 240,138 Total: 1,577,827 1,573,049 4,778 (475,000) 25,000 (445,222) 25,000 25,000 25,000 1,202,827 Project Expenditures
1,100 1,072 28 28 1,100
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 22
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
3,726 3,650 76 76 3,726
Construction 50,000 47,350 2,650 20,000 20,000 42,650 20,000 20,000 20,000 150,000 Construction Engineering 300 293 7 7 300
Design Engineering 18,054 17,532 522 5,000 5,000 10,522 5,000 5,000 5,000 43,054 Environmental Costs 50 50 50
Preliminary Studies 797,546 792,181 5,365 5,365 797,546 Total: 870,776 862,128 8,648 25,000 25,000 58,648 25,000 25,000 25,000 995,776 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 23
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2353
Title: Newhall Park Water Quality Improvement
Manager: Aldrich Bautista
Proposed By: CDD - Engineering
Classification: CIP-Building and Grounds
Location: Newhall Park
Begin Date: 7/1/2015
Completion Date: 12/31/2025
Related Projects:
Description: This project will improve the water quality at the ponds at Newhall Park which serves as irrigation water storage. In FY15/16, staff evaluated the water quality conditions and developed recommendations and long-term solutions. Permits for dredging to increase depth at Newhall Park Pond were acquired in 2021. Design to prepare construction documents are underway in 2022 for construction in the summer of 2023.
Pertinent
Issues:
Reports of poor water quality including foul odors and discoloration have been observed by staff and park visitors. Poor water quality conditions have potential negative health impacts to wildlife. Sediment infill at the irrigation inlets may affect ability to irrigate parks.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
000 Unfunded 500,000 500,000 500,000
401 Measure Q Projects 750,000 160,980 589,020 589,020 750,000 Total: 750,000 160,980 589,020 500,000 1,089,020 1,250,000 Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
10,000 10,000 10,000 10,000
Construction 467,000 467,000 400,000 867,000 867,000
Construction Engineering 50,000 50,000 60,000 110,000 110,000 Contingencies 63,000 63,000 40,000 103,000 103,000
Preliminary Studies 160,000 160,980 (980) (980) 160,000 Total: 750,000 160,980 589,020 500,000 1,089,020 1,250,000 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 24
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2371
Title: Citywide Bridge Repair Program - Group 2 Bridges Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 2/2/2017
Completion Date: 12/7/2021
Related Projects: Citywide Bridge Repair Program-Groups 1 & 2 Design and Environmental - 2060 Citywide Bridge Repair Program - Group 2B - ENG-23-037
Description: This project constructed maintenance repairs to six identified City bridge structures. Funded primarily through Federal Highway Bridge Program Grant funds, this project is a continuation of CIP Project No. 2060 (Citywide Bridge Repair Program) which originally included design and construction for the maintenance of 17 Bridges.
Project scope included maintenance repairs to the following six bridge structures in Group 2:
28C-0091L, Concord Avenue Bridge over Walnut Avenue (left) 28C-0091R, Concord Avenue Bridge over Walnut Avenue (right) 28C-0115, Ygnacio Valley Road Bridge over Galindo Creek 28C-0183, Willow Pass Road Bridge over Walnut Creek
28C-0357, San Miguel Road Bridge over Pine Creek
28C-0361, Concord Boulevard Bridge over Mount Diablo Creek Federal Project number is BPMP-5135(049).
Pertinent
Issues:
The project was not able to construct the following five bridges, which will be constructed under ENG-23-037. 28C-0221, Court Lane Bridge over Galindo Creek
28C-0222, St. Francis Drive Bridge over Galindo Creek
28C-0224, Whitman Road Bridge over SDM Channel
28C-0278, Claudia Drive Bridge over Holbrook Channel
28C-0362, Ayers Road Bridge over Mount Diablo Creek
This project is complete.
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 25
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
262 State Gas Tax-Section 2103 260,712 260,700 12 12 260,712 400 Capital Projects General Fund Projects 67,800 230,509 (162,709) (162,709) 67,800 401 Measure Q Projects 30,000 30,000 30,000 30,000
402 Capital Projects- Reimburs 3,713,231 2,517,853 1,195,378 1,195,378 3,713,231 407 2021 Debt Issuance (Measure V) 195,000 195,000 195,000 195,000 408 2015 Lease Rev Bond CIP
475 Measure J Local 696,588 566,731 129,857 (20,000) 109,857 676,588 Total: 4,963,331 3,575,794 1,387,537 (20,000) 1,367,537 4,943,331 Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
33,174 33,174 33,174
Construction 2,561,675 2,561,675 2,561,675
Construction Engineering 604,411 604,411 604,411
Design Engineering 78,084 78,084 78,084
Environmental Costs 214,498 214,498 214,498
Other Costs 1,913 1,914 1,913
Preliminary Studies 80,640 80,640 80,640
Right of Way 1,400 1,400 1,400
Total: 3,575,795 3,575,794 1 1 3,575,795
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 26
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2374
Title: Downtown Sidewalk, Curb and Gutter Improvements
Manager: Jesse Crawford
Proposed By: Public Works - Infrastructure Maintenance
Classification: TIP-Local Streets and Roads
Location: Downtown
Begin Date: 2/20/2017
Completion Date: 1/11/2022
Related Projects:
Description: Several sidewalks throughout the downtown were lifted from tree roots and/or depressed from underlying failures, causing undesired conditions for pedestrians and local merchants. This project required areas to be re-engineered for drainage and required consideration of tree removal and replanting with appropriate root barriers and encompassed several prominent areas in the downtown.
Pertinent
Issues:
Safety of pedestrians and local merchants.
This project is complete.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
210 Downtown Maint. District 830,726 827,902 2,824 2,824 830,726 Total: 830,726 827,902 2,824 2,824 830,726
Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
320 320 320
Construction 223,090 223,090 223,090
Construction Engineering 110 110 110
Design Engineering 453,909 453,909 453,909
Other Costs 1,171 1,171 1,171
Preliminary Studies 149,301 149,301 149,301
Total: 827,901 827,902 (1) (1) 827,901
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 27
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2377
Title: ADA Transition Plan Update
Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/1/2022
Completion Date: 6/30/2024
Related Projects:
Description: This project will review the current ADA Self Evaluation and Transition Plan (SETP), assess the implementation of the current SETP, prepare a status report, and update the SETP with recommended actions to meet ADA requirements. The original SETP was implemented in 1992 to eliminate structural and non-structural barriers that could prevent persons with disabilities from accessing City facilities or participating in employment opportunities, programs, activities, and services. Subsequently, the SETP was last updated and adopted by City Council in 2009.
Pertinent
Issues:
In the last 11 years since the 2009 Plan was updated, several improvements have been made and many programs may have either moved or changed. It is necessary to update the SETP, acknowledging the improvements have been accomplished since the 2009 SETP was approved, and updating the needs related to current programs.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
260 State Gas Tax 5,844 5,844 5,844 5,844
401 Measure Q Projects 40,000 3,684 36,316 36,316 40,000 407 2021 Debt Issuance (Measure V) 200,000 200,000 200,000 200,000 475 Measure J Local 15,000 15,000 15,000 15,000
Total: 260,844 3,684 257,160 257,160 260,844
Project Expenditures
Design Engineering 245,000 2,059 242,941 242,941 245,000 Preliminary Studies 15,844 1,625 14,219 14,219 15,844
Total: 260,844 3,684 257,160 257,160 260,844
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 28
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2384
Title: Street Median Irrigation Repairs and Landscaping Improvements Manager: Eugene Loew
Proposed By: Public Works - Parks Maintenance
Classification: CIP-Building and Grounds
Location: Citywide
Begin Date: 7/1/2016
Completion Date: 6/30/2024
Related Projects: Concrete Trunk Sewer Main Rehab/Replace-Phase II & Gravity Connection in Lieu of Pumping to CCCSD - 2090
Description: In response to a four-year drought, the State of California made it illegal to irrigate turf grass in street medians. Irrigation was subsequently turned off to several median and right of way areas. These areas were either left to brown and maintained only for litter removal or they were mulched.
This project will replace the turf grass with attractive, low-impact landscaping that meets state and local mandates. Staff will seek water conservation rebates when and where available as a part of this project.
Pertinent
Issues:
This project is still ongoing as staff continues to fill bare areas along major street systems and mulch areas to help conserve water.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
401 Measure Q Projects 400,000 390,538 9,462 9,462 400,000 490 Measure V Projects 1,200,000 1,200,000 925,000 2,125,000 2,125,000 Total: 1,600,000 390,538 1,209,462 925,000 2,134,462 2,525,000 Project Expenditures
Construction 1,200,000 1,200,000 925,000 2,125,000 2,125,000 Preliminary Studies 400,000 390,538 9,462 9,462 400,000 Total: 1,600,000 390,538 1,209,462 925,000 2,134,462 2,525,000 Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 29
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2385
Title: Park and Median Smart Irrigation Controllers
Manager: Eugene Loew
Proposed By: Public Works - Parks Maintenance
Classification: CIP-Building and Grounds
Location: Citywide
Begin Date: 7/1/2016
Completion Date: 4/30/2022
Related Projects:
Description: This project created a formalized program that systematically replaced old irrigation technology with modern systems. The City utilizes individual irrigation controllers to manage watering schedules in parks and medians, 27 of which were replaced with ‘smart’ technology through this project.
Pertinent
Issues:
The City is mandated to reduce irrigation usage by 45-percent from it's 2013 water use, otherwise it will face strict penalties. Smart irrigation controllers will allow staff more control and ability to achieve mandated cutbacks. 80 Controllers were slated for completion of this project.
This project is complete.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 100,000 100,000 100,000 401 Measure Q Projects 100,000 100,000 100,000
Total: 200,000 200,000 200,000
Project Expenditures
Environmental Costs 45 45 45
Other Costs 67,202 67,202 67,202
Preliminary Studies 132,753 132,753 132,753
Total: 200,000 200,000 200,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 30
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2387
Title: Playground Replacement Program
Manager: Eugene Loew
Proposed By: Public Works - Parks Maintenance
Classification: CIP-Parks and Recreation
Location: Citywide
Begin Date: 7/1/2016
Completion Date:
Related Projects:
Description: The City lacks a formalized playground replacement program. Playground equipment has a useful life of twenty years. A schedule has been developed to replace 27 individual sets of playground equipment using a 20-year life expectancy range. This project is ongoing to replace aging playground equipment. Previously completed installations include Civic Center off Salvio St and Rick Seers Neighborhood Park.
Pertinent
Issues:
Replacing playground equipment every 20 years will help ensure the safety of users.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
401 Measure Q Projects 1,000,000 342,953 657,047 657,047 1,000,000 Total: 1,000,000 342,953 657,047 657,047 1,000,000
Project Expenditures
Construction 900,000 259,448 640,552 640,552 900,000
Preliminary Studies 100,000 83,505 16,495 16,495 100,000 Total: 1,000,000 342,953 657,047 657,047 1,000,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 31
City of Concord Capital Improvements Project FY 2022-23 & FY 2023-24 Number: 2389
Title: Public Building Maintenance
Manager: Robert Hardie
Proposed By: Public Works - Facilities Maintenance
Classification: CIP-Building and Grounds
Location: Civic Center
Begin Date: 9/1/2022
Completion Date: 4/1/2023
Related Projects:
Description: This project includes new carpet for Council Chambers, A-Wing corridors and lobby area, and Baldwin Park Senior Center main lobby and hallways. It also includes any needed refurbishing of wood on chamber seating and dais.
Note: Council Chamber, C-wing, and Senior Center are complete.
Pertinent
Issues: Safety and public appearance in buildings including rental facilities.
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
CarryoverFY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 200,000 30,434 169,566 169,566 200,000 Total: 200,000 30,434 169,566 169,566 200,000
Project Expenditures
Preliminary Studies 200,000 30,434 169,566 169,566 200,000 Total: 200,000 30,434 169,566 169,566 200,000
Jun 23, 2022 04:58 PM Capital Improvements Project FY 2022-23 & FY 2023-24 Page 32