AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT (“Agreement”) is entered into on November 8, 2022, between the City of Concord (“CITY”) and HDR Engineering Inc, 3003 Oak Rd, Suite 500, Walnut Creek, CA 94597 (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on November 8, 2022, and expire on June 30, 2023.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide civil design services for Pavement Maintenance – Zones 1E & 1F and Concord Boulevard, Project No. 2618 described in detail in Exhibit A, a proposal from HDR Engineering Inc dated September 28, 2022, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed four hundred seventy- two thousand nine-hundred seventy-two dollars and fifty cents ($472,972.50) for the term of this Agreement. The total includes the sum of the base contract of four hundred twenty-nine thousand nine- hundred seventy-five dollars ($429,975.00) and a 10% contingency of forty-two thousand nine- hundred ninety-seven dollars and fifty cents ($42,997.50). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.
CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 3
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receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Garrett Low, Associate Vice President.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,
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restitution, quantum merit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further
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agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.
Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies
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of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.
10. INDEMNIFICATION.
A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, employees, agents and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one
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million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be
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primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT
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shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent
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or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public, in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
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19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any
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power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Garrett Low, Associate Vice President
HDR Engineering, Inc
3003 Oak Road, Suite 500
Walnut Creek, CA 94597
Phone: (510) 285-1127
Fax: (925) 465-2701
25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION . Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Garrett Low Name: Valerie Barone
Title: Associate Vice President Title City Manager Address: 3003 Oak Road, Suite 500 Address: 1950 Parkside Drive Walnut Creek, CA 94597 Concord, CA 94519 Telephone: (510) 825-1127 Telephone: (925)671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
Date: _____________________________, 2022
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _____________________________, 2022
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 22/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $472,972.50
Account Code: 4079500C999-74500 / 4072618113-74500
Finance Director's Signature
Residenal Pavement Maintenance – Phase C
City Project Nos. 2618
City of Concord
Work-Hour and Fee Estimate for HDR Team
October 25, 2022
Overhead Labor Fee Subconsultant
Markup
Raw Rates $101 $93 $86 $64 $45 $42 $91 $81 $53 $39 $85 $57 $39 $37 $35 154.88% 10.0% 10.0% 1 PROJECT MANAGEMENT AND COORDINATION
1.1 Project Management and Schedule 4 28 12 24
68 4,113$ 6,370$ 1,048$ 11,531$
1.2 Project Kickoff Meeting and Initial Site Visit 4 4 8 600$ 929$ 153$ 60$ 1,742$
1.3 Technical Review Workshop Meetings 6 6 12 900$ 1,393$ 229$ 2,522$
1.4 Monthly Meetings 6 6 517$ 801$ 132$ 1,449$
1.5 Quality Control 6 10 7 23 1,916$ 2,968$ 488$ 5,372$ 10 54 17 12 24 117 8,045$ 12,461$ 2,051$ - $ 60$ 22,616$ 2 PUBLIC OUTREACH AND PERMITTING
2.1 Public Outreach 1 10 10 10 31 2,050$ 3,175$ 523$ 225$ 5,973$
2.2 Environmental Determination Assistance 1 2 4 4 11 709$ 1,097$ 181$ 1,987$ 2 12 14 14 42 2,759$ 4,273$ 703$ - $ 225$ 7,959$ 3 SITE INVESTIGATION
3.1 Topographic Survey and Mapping 2 4 4 10 607$ 940$ 155$ 1,650$ 3,352$
3.2 Monument Research and Location 2 2 4 300$ 464$ 76$ 805$ 1,645$
3.3 Field Reconnaissance and Investigation 4 10 24 24 62 3,069$ 4,753$ 782$ 200$ 8,805$
3.4 Traffic Counts and Traffic Index Analysis 32 32 1,813$ 2,808$ 462$ 100$ 5,183$
3.5 Traffic Analysis (Signage and Striping) 8 8 677$ 1,049$ 173$ 1,899$ 8 16 28 24 8 32 116 6,466$ 10,015$ 1,648$ 2,554$ 200$ 20,884$ 4 Potholing
4.1 Potholing 2 2 30 34 1,560$ 2,416$ 398$ 620$ 4,993$ 2 2 30 34 1,560$ 2,416$ 398$ 620$ - $ 4,993$ 5 Utility Investigations
5.1 Utility Investigations 2 2 48 52 2,316$ 3,587$ 590$ 150$ 6,643$ 2 2 48 52 2,316$ 3,587$ 590$ - $ 150$ 6,643$ 6 Pavement Analysis
6.1 Pavement Field Investigation, Coring and R-Value 2 2 19 37 2 1 63 2,923$ 4,527$ 745$ 1,850$ 500$ 10,545$
6.2 Pavement Assessment (Basis of Design) Report 3 3 34 57 3 1 101 4,724$ 7,316$ 1,204$ 13,243$
6.3 Deflection Testing (Optional) 2 8 10 606$ 939$ 155$ 2,500$ 4,200$ 7 5 61 94 3 2 2 174 8,253$ 12,782$ 2,103$ 4,350$ 500$ 27,988$ 7 30% Preliminary Design and Estimate
7.1 35% Preliminary Plans 10 39 73 176 194 492 25,007$ 38,731$ 6,374$ 70,112$
7.2 35% Preliminary Estimate 4 2 14 20 1,175$ 1,820$ 299$ 3,294$ 14 41 73 190 194 512 26,182$ 40,551$ 6,673$ - $ - $ 73,406$ 8 60% Design PS&E Submittal
8.1 60% Design Plans 10 29 97 128 157 421 21,965$ 34,020$ 5,599$ 61,584$
8.2 60% Specifications 4 14 18 1,238$ 1,917$ 315$ 3,470$
8.3 60% Estimate 2 14 16 801$ 1,241$ 204$ 2,247$
8.4 Response to Preliminary Design Comments 1 1 2 4 240$ 371$ 61$ 672$ 10 36 112 144 157 459 24,244$ 37,550$ 6,179$ - $ - $ 67,974$ 9 90% Design PS&E Submittal
9.1 90% Design Plans 10 29 85 90 121 335 17,980$ 27,848$ 4,583$ 50,411$
9.2 90% Specifications 4 10 14 982$ 1,522$ 250$ 2,755$
9.3 90% Estimate 2 2 10 14 749$ 1,160$ 191$ 2,101$
9.4 Constructability Review 4 10 14 1,267$ 1,962$ 323$ 3,552$
9.5 Response to 60% Design Comments 1 1 2 4 8 408$ 632$ 104$ 1,143$ 4 10 46 98 102 125 385 21,387$ 33,124$ 5,451$ - $ - $ 59,962$ 10 100% Design PS&E Submittal
10.1 100% Design Plans 2 8 19 24 54 48 155 8,560$ 13,258$ 2,182$ 23,999$
10.2 100% Specifications 4 7 11 791$ 1,225$ 202$ 2,218$
10.3 100% Estimate 1 4 4 9 521$ 807$ 133$ 1,461$
10.4 Response to 90% Design Comments 1 1 2 4 240$ 371$ 61$ 672$ 2 8 25 36 60 48 179 10,112$ 15,661$ 2,577$ - $ - $ 28,351$ 11 Final Design PS&E Submittal
11.1 Final Design Plans 2 2 7 10 24 24 69 3,717$ 5,757$ 947$ 60$ 10,481$
11.2 Final Specifications 1 2 4 7 529$ 819$ 135$ 1,483$
11.3 Final Estimate 1 1 1 2 5 341$ 528$ 87$ 957$
11.4 Final Response to Design Comments 1 1 2 4 240$ 371$ 61$ 672$ 4 2 11 16 28 24 85 4,827$ 7,475$ 1,230$ - $ 60$ 13,592$ 12 Bidding and Construction Support
12.1 Bidding Support 2 4 4 8 18 1,162$ 1,800$ 296$ 3,258$
12.2 Construction Support 2 29 10 24 65 4,418$ 6,842$ 1,126$ 150$ 12,535$
12.3 Record Drawings 2 10 24 36 1,630$ 2,524$ 415$ 4,569$ 4 35 14 42 24 119 7,209$ 11,166$ 1,837$ - $ 150$ 20,362$ 26 44 272 400 608 674 7 5 61 94 8 32 3 14 26 2274 123,360$ 191,060$ 31,442$ 7,524$ 1,345$ 354,731$ Total Subtotal Task 12
Subtotal Task 6
Subtotal Task 7
Subtotal Task 8
Subtotal Task 9
Subtotal Task 10
Subtotal Task 11
Subtotal Task 1
Subtotal Task 2
Subtotal Task 3
Subtotal Task 4
Subtotal Task 5
Transportation
Planner
Senior Transportation
Engineer
Task
No.
Task Description
Prime Consultant
Senior Civil Engineer
3 Staff Civil EIT 1
Staff Civil EIT 2
Senior Engineering
Geologist
Senior Geotechnical
Engineer
Staff Civil EIT 3
Technical Editor
Project Coordinator
TOTALS BY TASK
HDR
Supervising Engineer
Senior Civil Engineer
1 Senior Civil Engineer
2 Geologist II
Project Accountant
Hours Labor Cost Other Direct
Cost Total
Exhibit A to Attachment 3
Residenal Pavement Maintenance – Phase C
City Project Nos. 2618
City of Concord
Work-Hour and Fee Estimate for HDR Team
October 25, 2022
Raw Rates
1 PROJECT MANAGEMENT AND COORDINATION
1.1 Project Management and Schedule
1.2 Project Kickoff Meeting and Initial Site Visit
1.3 Technical Review Workshop Meetings
1.4 Monthly Meetings
1.5 Quality Control
2 PUBLIC OUTREACH AND PERMITTING
2.1 Public Outreach
2.2 Environmental Determination Assistance
3 SITE INVESTIGATION
3.1 Topographic Survey and Mapping
3.2 Monument Research and Location
3.3 Field Reconnaissance and Investigation
3.4 Traffic Counts and Traffic Index Analysis
3.5 Traffic Analysis (Signage and Striping)
4 Potholing
4.1 Potholing
5 Utility Investigations
5.1 Utility Investigations
6 Pavement Analysis
6.1 Pavement Field Investigation, Coring and R-Value
6.2 Pavement Assessment (Basis of Design) Report
6.3 Deflection Testing (Optional)
7 30% Preliminary Design and Estimate
7.1 35% Preliminary Plans
7.2 35% Preliminary Estimate
8 60% Design PS&E Submittal
8.1 60% Design Plans
8.2 60% Specifications
8.3 60% Estimate
8.4 Response to Preliminary Design Comments
9 90% Design PS&E Submittal
9.1 90% Design Plans
9.2 90% Specifications
9.3 90% Estimate
9.4 Constructability Review
9.5 Response to 60% Design Comments
10 100% Design PS&E Submittal
10.1 100% Design Plans
10.2 100% Specifications
10.3 100% Estimate
10.4 Response to 90% Design Comments
11 Final Design PS&E Submittal
11.1 Final Design Plans
11.2 Final Specifications
11.3 Final Estimate
11.4 Final Response to Design Comments
12 Bidding and Construction Support
12.1 Bidding Support
12.2 Construction Support
12.3 Record Drawings
Total
Subtotal Task 12
Subtotal Task 6
Subtotal Task 7
Subtotal Task 8
Subtotal Task 9
Subtotal Task 10
Subtotal Task 11
Subtotal Task 1
Subtotal Task 2
Subtotal Task 3
Subtotal Task 4
Subtotal Task 5
Task
No.
Task Description - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 68 11,531$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8 1,742$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12 2,522$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6 1,449$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 23 5,372$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 117 22,616$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 31 5,973$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 11 1,987$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 42 7,959$ 16,498$ 16,498$ - $ - $ - $ - $ - $ - $ - $ - $ 10 19,850$ 8,046$ 8,046$ - $ - $ - $ - $ - $ - $ - $ - $ 4 9,691$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 62 8,805$ - $ - $ - $ - $ - $ - $ - $ - $ 1,000$ 1,000$ 32 6,183$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8 1,899$ 24,544$ 24,544$ - $ - $ - $ - $ - $ - $ 1,000$ 1,000$ 116 46,428$ - $ - $ - $ - $ - $ - $ 6,200$ 6,200$ - $ - $ 34 11,193$ - $ - $ - $ - $ - $ - $ 6,200$ 6,200$ - $ - $ 34 11,193$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 52 6,643$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 52 6,643$ - $ - $ 18,500$ 18,500$ - $ - $ - $ - $ 63 29,045$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 101 13,243$ - $ - $ - $ - $ 25,000$ 25,000$ - $ - $ - $ 10 29,200$ - $ - $ 18,500$ 18,500$ 25,000$ 25,000$ - $ - $ - $ - $ 174 71,488$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 492 70,112$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 3,294$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 512 73,406$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 421 61,584$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 3,470$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 16 2,247$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 672$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 459 67,974$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 335 50,411$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 2,755$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 2,101$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 3,552$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 1,143$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 385 59,962$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 155 23,999$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11 2,218$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 1,461$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 672$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 179 28,351$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 69 10,481$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 1,483$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 957$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 672$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 85 13,592$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 3,258$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 65 12,535$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 36 4,569$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 119 20,362$ 24,544$ 24,544$ 18,500$ 18,500$ 25,000$ 25,000$ 6,200$ 6,200$ 1,000$ 1,000$ 2274 429,975$ HDR Team Total
Deflection Testing
(Optional)
TOTALS BY TASK
Labor Cost Total
Subconsultant
Labor Cost Total
Traffic Counts
TOTALS BY TASK
Labor Cost Total
Potholing
TOTALS BY TASK
Labor Cost TotalTotal
429,975$
Labor Cost
TOTALS BY TASK
TeamLCC
TOTALS BY TASK
CostHours
Pavement Cores
TOTALS BY TASK
Staff Report
Date: November 8, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
5.g5.g
City Council Agenda Report
Agenda Item No. 5.g
November 8, 2022
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).
On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.
Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
Each teleconference location must be accessible to the public; Members of the public must be able to address the body at each teleconference location;
Post agendas at all teleconference locations; and
During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 31 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
City Council Agenda Report
Agenda Item No. 5.g
November 8, 2022
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a “state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through December 8, 2022.
Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options,” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Given the Governor’s State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.
Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378
City Council Agenda Report
Agenda Item No. 5.g
November 8, 2022
because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Financial Impact
There is no financial impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING
AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions Attachment 1
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
(including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the County Health Officer continues to recommend social distancing and the use of online meetings in order to safely hold public meetings, most recently through an October 4, 2022 letter; and
WHEREAS, the County Health Officer has confirmed that the above recommendations to continue social distancing and use online meetings remain in place despite the rescission of formal health orders on October 21, 2022; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-66, Local Reuse Authority Resolution No. 22-44, and Concord/Pleasant Hill Health Care District Resolution No. 21-036 on October 25, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees. Consistent with that authority, this November 8, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-64, LRA Resolution No. 22-44, and Concord/Pleasant Hill Health Care District Resolution No. 22-036 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on November 8, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated November 8, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”).
NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS
THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4
Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.
Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
Section 4. As of November 8, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on November 8, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on November 8, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Brown
City Attorney