Concord City Council
November 8, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
November 8, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

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

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

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

To Participate in Public Comment During the Meeting:

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

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

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/83380141577?pwd=MHpzc092ekx0MFBaVjJFTUxSZmtmUT09 oWebinar ID: 833 8014 1577
oPasscode: 041717
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Birsan

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

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

3. ANNOUNCEMENT
a. Announcing – a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Report by Joelle Fockler, City Clerk.

4. PRESENTATION
a. Presentation – to the Rainbow Community Center proclaiming November 20, 2022, as "Transgender Day of Remembrance" in the City of Concord.

Introduction by Mayor Aliano.

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

HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the August 23 and September 6, 13, 19, and 20, 2022, meetings. Recommended by the City Clerk. 4 b. Considering – adoption of Ordinance No. 22-12 entitled, "An Ordinance of the City Council of the City of Concord Adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by Reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code Prohibiting a Food Facility from Providing any Single-Use Foodware Accessory or Standard Condiment Unless Requested by Consurmer and Authorizing City and County Enforcement and Penalties." Ordinance No. 22-12 was introduced on October 25, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Exempt/not a project pursuant to Public Resources Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3). c. Considering – introduction of an Ordinance amending the Concord Municipal Code Title 15 (Building and Building Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code, and ratifying amendments to the 2022 California Fire Code contained in Contra Costa County Ordinance No. 2022-34, by reading of the title only and waiving further reading. Recommended by the Director of Community Development.

CEQA: Not a project/exempt under and/or Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. d. Considering – acceptance of improvements for the Traffic Safety Around Schools, Project No. 2576, located at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Language Academy, and East Olivera Road Trail Crossing; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
e. Considering – approval of the following for Residential Pavement Maintenance – Phase B (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and
(2) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for Pavement Maintenance - 5 Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive.

See Attachment 1 to the staff report for more specific locations of each Zone.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065. f. Considering – approval of the following for Residential Pavement Maintenance, Phase C (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $320,817.20 (base agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road; and (2) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $472,972.50 (base agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618) located between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek.

For detailed locations see Attachment 1 to the staff report. Recommended by the Director of Community Development.

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

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

DISTRICT CONSENT CALENDAR
g. 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.

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. 6 7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/6/2022 6:30 p.m.

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

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

Staff Report
Date: 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: Announcing a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Recommended Action
Announce a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee (CPHHCD Grant Committee) to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Background
There is an unscheduled vacancy for a term ending June 30, 2023, on the CPHHCD Grant Committee due to the resignation of Norbert Schuff. In addition, there is a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025.

3.a3.a

City Council Agenda Report
Agenda Item No. 3.a
November 8, 2022
Pursuant to Government Code Section 54974, a Notice of Vacancy for the unscheduled vacancy was posted by the City Clerk on February 18, 2022, and a recruitment was held in August 2022 that resulted in no applications.

The Concord-Pleasant Hill Health Care District Grant Committee may consist of up to five (5) members serving four (4) year terms. Members are required to review funding requests and advise the City Council on the allocation of Concord-Pleasant Hill Health Care District funds. All members must be residents of Concord who hold no other office in the City and shall be representative of the general public and the religious, racial, age, gender, disabled and ethnic groups in the City.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed, and the current members will be notified. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channel 29 (Wave), and U-verse Channel 99 Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachment

1. Information on the Concord-Pleasant Hill Health Care District Grant Committee

PERTINENT INFORMATION ON THE

CONCORD
-PLEASANT HILL HEALTH CARE DISTRICT
The City of Concord’s Community Grants Program provides funding for programs that benefit our community. The Concord-Pleasant Hill Health Care District (CPHHCD) grant committee is
an integral part of the decision making process in funding these programs.

The City is the subsidiary district of the CPHHCD, which receives revenue through property t
axes to fund health related programs and services for Concord and Pleasant Hill residents.

T
hese programs include nutrition services and healthy eating, support for victims of domestic violence,
hospice care, meal delivery for homebound seniors and outreach services for the homeless. The Concord City Council serves as the Board of Directors. Funding is anticipated to be approximately $250,000/year for the next f ive years.

The main responsibility of the CPHHCD grant committee is to review and r ate applications and make funding recommendations to the Board.

Currently, the CPHHCD grant process runs in a two-year funding cycle followed by a three year cycle. The first year of each cycle is time intensive as typically 35 – 50 applications are reviewed, rated and selected for recommended funding. The second or third year, meetings are he
ld as needed, generally every two to three months.

The regular meeting of the CPHHCD grant committee is on the third Wednesday of the month from 5:00 to 7:00 p.m. Additional special meetings are scheduled as needed. Attendance at two or three Council meetings over the course of the year is also encouraged.

We r
ecognize that thi s is a demanding schedule, but the process of evaluating and funding proposals is such that missing a meeting means that you are missing out on important information that is critical to reaching your decision.

Attachment 1

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 23, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, August 23, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember McGallian. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT:: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; James Nakayama, Police Captain; Kevin Halm, Provisional Police Lieutenant; Brenda Kain, Housing Manager; Leng Power,
Community Services Manager; Abhishek Parikh, Deputy Director of Public Works – Transportation; Winnie Chung, Transportation Program Manager II; Virendra Patel, Transportation Program Manager II; Saravana Suthanthira, Limited Services
Professional; Aldrich Bautista, Associate Civil Engineer; Bruce Davis, Acting City Engineer; Jesse Crawford, Maintenance Superintendent; Craig Blythe, Administrative Services Manager; Donna Lee, Budget Officer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariah Lauritzen, Concord; Rocci Barsotti, Kiwanis Club of Concord; Elaine Schroth, Visit Concord; Hope Johnson; Laura Nakamura, Concord; Natalie; D’Marco Anthony; Danny
Espinoza; Judy Herman; Ady Olvera; Edith Guillen; Noralee Gipner, Martinez; Dave Campbell, Bike East Bay

PUBLIC COMMENT PERIOD
Mariah Lauritzen, Concord, requested the installation of a water line at Hillcrest Community Park.

Rocci Barsotti, Kiwanis Club of Concord, announced the Taste of Concord scheduled for October 2, 2022, from 1 p.m. – 4 p.m.

Elaine Schroth, Visit Concord, thanked the Council for its support and provided an update on the events Visit Concord held over the summer.

Hope Johnson stated concern about the Council participating in City Council meetings remotely, especially when voting on crucial items.

5.a5.a5.a5.a5.a

City Council Minutes August 23, 2022
2 Laura Nakamura, Concord, announced that the radio station KVHS is for sale and Mt. Diablo Unified School District is in negotiations with a buyer, Christian radio network KLOVE. She stated that the hope is that the MDUSD Board will vote no to proceed and the District will look for another buyer.

Natalie spoke in opposition to KLOVE and noted that Concord’s designation as the “Happiest City” through a survey on Instagram.

D’Marco Anthony spoke of his disappointment that there are no minorities running for Concord City Council in the November 2022 election.

Danny Espinoza congratulated Debra Ballinger on her retirement and thanked her for her service.

Judy Herman spoke of Concord’s designation as the “Happiest City” through a biased survey on Instagram.

PRESENTATION
PROCLAMATION – Debra Ballinger Day
Mayor Aliano presented Debra Ballinger a proclamation declaring August 23, 2022, as “Debra Ballinger Day” in the city of Concord.

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

The following people congratulated Debra and thanked her for her service:

Laura Nakamura, Concord Communities Alliance
Ady Olvera
Edith Guillen
Mayor Aliano closed the public comment period.

ANNOUNCEMENTS

RECRUITMENT FOR CONCORD-PLEASANT HILL HEALTH CARE DISTRICT GRANT COMMITTEE City Clerk Joelle Fockler announced a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, September 23, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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

TREASURER’S REPORT
City Treasurer Patti Barsotti introduced Monique Spike, Managing Director, PFM Asset Management, who gave a presentation on the City’s Investment Program.

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

A motion was made by McGallian and seconded by Obringer to receive the Treasurer’s Report for the period April 1 – June 30, 2022. The motion passed by unanimous vote of the Council.

City Council Minutes August 23, 2022
3 CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF MINUTES – June 28, 2022
A motion was made by Obringer and seconded by Hoffmeister to approve the minutes from the June 28, 2022, City Council meeting. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Kimley-Horn A motion was made by Obringer and seconded by Hoffmeister to approve a Professional Services Agreement with Kimley-Horn in the amount of $341,840 to complete an update of the City’s Transportation Impact Fee program and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-52 – Local Assistance Grant Program This item was pulled from consideration on the Consent Calendar by Natalie who stated that she would like to have more recycling bins at her apartment complex.

A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-52 entitled, “A Resolution Accepting $183,213 in Funding Under the California Department of Resources Recycling and Recovery SB 1383 (Organic Waste Recycling) Local Assistance Grant Program and Appropriating Such Funds to the City of Concord SB 1383 Compliance Program for Fiscal Year 2021-22 to Project No. 2667.” The motion passed by unanimous vote of the Council.

ACCEPT IMPROVEMENTS – 2021 Arterial and Collector LED Streetlight Retrofit (Project No. 2566) A motion was made by Obringer and seconded by Hoffmeister to accept the improvements for the 2021 Arterial and Collector LED Streetlight Retrofit (Project No. 2566) and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Robert Half International, Inc.

A motion was made by Obringer and seconded by Hoffmeister to approve the sixth amendment to the Professional Services Agreement for financial and accounting services with Robert Half International, Inc. in the amount of $100,000 for a not to exceed amount of $350,000 and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF PURCHASE – Pure Computer Storage System
A motion was made by Obringer and seconded by Hoffmeister to approve the purchase of the Pure Computer Storage System from ePlus Inc. in an amount not to exceed $391,266.26, including a 15 percent contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.

City Council Minutes August 23, 2022
4 APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – BKF A motion was made by Obringer and seconded by Hoffmeister to approve an amendment to the Professional Services Agreement with BKF of Walnut Creek, California, in the amount of $277,000 to provide additional design and related services for Treat Boulevard Pavement Rehabilitation Project (Project No. 2559) and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPOINTMENTS TO BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE A motion was made by Obringer and seconded by Hoffmeister to approve the appointment of Victor Benedict Tiglao to fill an unscheduled vacancy for a term ending February 28, 2023, and Rebekah McMenamin to fill an unscheduled vacancy for a term ending February 28, 2025, on the Bicycle and Pedestrian Advisory Committee. The motion passed by unanimous vote of the Council.

APPROVAL OF TASK ORDER – Advanced Mobility Group
A motion was made by Obringer and seconded by Hoffmeister to approve a task order under the approved Master Services Agreement with Advanced Mobility Group (AMG) associated with Engineering Staff Augmentation Services for the Transportation Division for a task order amount of not to exceed $125,000 and authorize the City Manager to execute the task order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-53 – Right of Way Easement for the property at 3603 Willow Pass Road
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-53, entitled “A Resolution Accepting $183,213 in Funding Under the California Department of Resources Recycling and Recovery SB 1383 (Organic Waste Recycling) Local Assistance Grant Program and Appropriating Such Funds to the City of Concord SB 1383 Compliance Program for Fiscal Year 2022 to Project No. 2667,” authorize the City Manager to accept the easement and execute any documents necessary or desirable to effect the easement acquisitions, subject to approval of the City Attorney, and authorize payment of the agreed compensation to the property owners in the amount of $6,500. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 22-54 – Local Roadway Safety Plan Deputy Director of Public Works – Transportation Abhishek Parikh introduced the team and provided a report, explaining that a Local Roadway Safety Plan is required for agencies to apply for state and federal funding and requires a systematic approach that identifies existing patterns, facilitates internal/external partnerships and collaboration, and establishes agency best practices from a policy and implementation standpoint.

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

Laura Nakamura, Concord, stated that the wording in the plan should be changed to help change mindsets to understand that pedestrians are people and that transit and transportation affects everyone.

Mayor Aliano closed the public comment period.

Following comments by the City Council, a motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-54 entitled, “A Resolution Adopting the City of Concord Local Roadway Safety Plan.” The motion passed by unanimous vote of the Council.

City Council Minutes August 23, 2022
5 Mayor Aliano recessed the meeting at 8:30 p.m. The meeting resumed at 8:39 p.m.

WORKPLAN/PROJECT APPROACH – City of Concord Homeless Strategic Plan Community Services Manager Leng Power presented the staff report, providing a background and elements of the Strategic Plan, and explaining that the Council was being requested to define the oversight method for the development of the Homeless Strategic Plan so that it can be included as part of the scope of work for consultation services. Ms. Power provided three options for Council: 1) use of a standing Council Committee; 2) use of an appointed committee/commission; and 3) Council oversight.

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

Wendy Hershey, Concord, stated that the City should allow citizens to sponsor porta potties on public land and City and BART parking lots, and allow people to park on BART overflow parking lots.

The following people spoke in favor of Option 2 – the use of an appointed committee/commission:

Laura Nakamura, Concord
Ady Olvera
Noralee Gipner, Martinez
Natalie commented on the importance of being able to shower.

Mayor Aliano closed the public comment period.

Following comments by the City Council, it was the consensus of the City Council to direct the Council Committee on Housing and Economic Development to define the composition and membership for the formation of a Council appointed special-purpose Working Group to advise staff and the consultant on the development of the Homeless Strategic Plan.

APPROVAL OF PREFERRED CONCEPTS FROM COMPLETE STREETS FEASIBILITY STUDY – Pine Hollow/Alberta Way (from Clayton Valley Charter High School to Mount Diablo Elementary School) Limited Services Professional Saravana Suthanthira presented the staff report, providing a project overview, improvement concept, and next steps. She confirmed that the Council was being requested to approve the Feasibility Study Improvement Concepts recommendations.

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

Laura Nakamura, Concord, spoke in support of the project.

Dave Campbell, Bike East Bay, spoke in support of the project.

Mayor Aliano closed the public comment period.

Following comments by the City Council, a motion was made by Hoffmeister and seconded by Obringer to approve the Feasibility Study Improvement Concepts recommendations. The motion passed by unanimous vote of the Council.

APPROVAL OF A 24-MONTH SERVICES AGREEMENT – Flock Safety Provisional Lieutenant Kevin Helm presented the staff report, explaining how Flock Automated License Plate Reader (ALPR) cameras work and requesting that the City Council approve a 24-month services agreement with Flock Safety for the lease and installation of Flock ALPR cameras.

City Council Minutes August 23, 2022
6 Following questions from the City Council, Mayor Aliano opened a public comment period.

Natalie inquired about a policy on dealing with rental cars.

Hope Johnson spoke in opposition to the ALPR System and the need for a written policy on ALPRs.

Mayor Aliano closed the public comment period.

Following comments by the City Council, a motion was made by Hoffmeister and seconded by McGallian to approve a 24-month Services Agreement with Flock Safety for the lease and installation of approximately 65 Flock License Plate Reader cameras and associated software services with the option to renew for one additional 24-month term in a total amount not to exceed $789,187.50 over four years, including a 15 percent contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

Due to the late hour, a motion was required to continue the meeting. A motion was made by Hoffmeister and seconded by Obringer to continue the meeting to consider the remaining items on the agenda. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 5.a – Treasurer’s Report – PowerPoint Presentation b. Agenda Item No. 6.d – LED Streetlight Retrofit – Benched Correspondence c. Agenda Item No. 7.a – Local Roadway Safety Plan – PowerPoint Presentation d. Agenda Item No. 7.b – Homeless Strategic Plan – Benched Correspondence e. Agenda Item No. 7.b – Homeless Strategic Plan – PowerPoint Presentation f. Agenda Item No. 7.c – Complete Streets Feasibility Study – PowerPoint Presentation g. Agenda Item No. 7.d – Flock License Plate Reader Cameras – Benched Correspondence h. Agenda Item No. 7.d – Flock License Plate Reader Cameras – PowerPoint Presentation i. Agenda Item No. 7.d – Flock License Plate Reader Cameras – Letter to Greg Taylor from Flock Group Inc., dated August 25, 2022

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

It was the consensus of the Council to revisit the non-storefront cannabis license process and put the process on an upcoming City Council meeting agenda.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 23, 2022, at 11:48 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

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

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer
COUNCILMEMBERS ABSENT: Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; William Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; James Nakayama, Police Captain; Greg Rodriguez, Police Sergeant; Craig Blythe, Administrative Services Manager; Trish Beirne, Emergency & Volunteer Services Manager; Aaron Sage,
Principal Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Hope Johnson, Concord; Mary Beth Bykowski, California Department of Insurance; Natalie; D’Marco Anthony

PUBLIC COMMENT PERIOD
Hope Johnson, Concord, spoke of inaccurate comments made by the Council on the license plate readers approved at the August 23, 2022, City Council meeting, and the potential misuse of collected data.

Mary Beth Bykowsky, California Department of Insurance (CDI), gave an overview of CDI services.

Natalie spoke of misinformation by Flock on license plate readers at the August 23, 2022, City Council meeting.

D’Marco Anthony stated that the upcoming Candidates Forum should not be held in the City Council Chamber.

City Council Minutes September 6, 2022
2 PRESENTATIONSCONCORD JUNIOR GIANTS
Vice Mayor Hoffmeister introduced Ana Villalobos, who gave a background on the Concord Junior Giants, and presented recognition certificates to Concord Junior Giants volunteers.

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

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

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

CITY COUNCIL CONSENT CALENDAR
ADOPTION OF RESOLUTION NO. 22-55 – Final Map for Subdivision 9555, 1881 Whitman Road A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-55, entitled “A Resolution Approving the Final Map for Subdivision 9555, 1881 Whitman Road, Assessor’s Parcel No. 147-180-001 and -002.” The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF RESOLUTION NO. 22-56 – Approving the Street Name “Heckmann Lane” A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-56, entitled “A Resolution Approving the Street Name “Heckmann Lane” for Subdivision No. 9555, Located at 1881 Whitman Road.” The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF RESOLUTION NO. 22-57 – Accepting and appropriating grant funding from the California Governor’s Office of Emergency Services
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-57, entitled “A Resolution Accepting and Appropriating Grant Funding from the California Governor’s Office of Emergency Services (CAL OES) in the Amount of $175,000 to Conduct Analysis to Identify Non-English Languages Spoken in Four Grant Eligible Census Tracts within the City for the Purpose of Developing a Strategy for Incorporating Language Access Considerations into the City’s Emergency Management Plans, Project No. 2668.” The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF RESOLUTION NO. 22-58 – Extension of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review at 1500 and 1590 Concord Avenue
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-58, entitled “A Resolution Approving an Extension Until October 12, 2023 of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review for the Construction of an Approximately 3,541 Square Foot Convenience Store with Alcohol Sales, a 1,121 Square Foot Car Wash with 539 Square Foot Detail Bay, and a New 2,741 Square Foot Fuel Canopy with Four Fueling Dispensers at 1500 and 1590 Concord Avenue (PL19022 – UP, VA, ME, DR); APNs 126-043-032 and -033.” The motion passed by the following vote of the Council:

City Council Minutes September 6, 2022
3 AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF A LICENSE AGREEMENT – Resources for Community Development A motion was made by Obringer and seconded by Birsan to approve a License Agreement with Resources for Community Development (RCD) to allow temporary use of the City-owned property at Galindo and Oak Streets as a construction yard and for the storage and staging of materials and equipment for the period between September 7, 2022 to September 6, 2024 (APN: 126-122-024); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF RESOLUTION NO. 22-59 – Design and Site Review Amendment for Kolaboration Concord, LLC at 2366 Stanwell Circle
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-59, entitled “A Resolution Approving a Design and Site Review Amendment to Modify a Condition of Approval Allowing an Internally Illuminated Wall Sign for Kolaboration Concord, LLC (dba “CoCo Farms”) at 2366 Stanwell Circle, APN 112-252-021 (PL22140 – DRA).” The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano AWARD OF PURCHASE – Twelve 2023 Ford Utility Police Interceptors This item was pulled from consideration on the Consent Calendar by Councilmember Birsan who asked staff to explain the use of hybrid and electric vehicles.

Vice Mayor Hoffmeister opened a public comment period.

Natalie asked if there is an area on the former Concord Naval Weapons Station for officers to train on electric and hybrid vehicles.

Vice Mayor Hoffmeister closed the public comment period.

A motion was made by Obringer and seconded by Birsan to approve an Award of Purchase of twelve 2023 Ford Utility Police Interceptors to National Auto Fleet Group in the amount of $666,802.20 (Annual Vehicle Replacement Fund). The motion passed by the following vote of the Council:

AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-60, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-42, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-034 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-60, Local Reuse Authority Resolution No. 22-42, and Concord/Pleasant Hill Health Care District Resolution No. 22- 034 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by the following vote of the Council:

City Council Minutes September 6, 2022
4 AYES: Birsan, McGallian, Obringer, Hoffmeister NOES: None ABSENT: Aliano

CORRESPONDENCE
a. Benched Correspondence – Agenda Item No. 4.a – Final Map for Subdivision 9555 b. Benched Correspondence – Agenda Item No. 4.c – Grant Funding from Cal OES c. Benched Correspondence – Agenda Item No. 4.g – Ford Police Interceptors

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

ADJOURNMENT
By order of the Vice Mayor, the meeting was adjourned on September 6, 2022, at 7:30 p.m.

LAURA M. HOFFMEISTER

VICE MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, SEPTEMBER 13, 2022
The Concord City Council met in a special meeting in the City Council Conference Room, 1950 Parkside Drive, Wing A, Concord, California, at 6:00 p.m. on Tuesday, September 13, 2022, with Mayor Aliano presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session on PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957. Title: City Manager. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6Agency designated representatives:

City Council (Dominic Aliano, Laura Hoffmeister, Edi Birsan, Tim McGallian, Carlyn Obringer) Unrepresented Employee: City Manager.

By order of the Mayor, the meeting was adjourned on September 13, 2022, at 7:30 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

GARDEN CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
MONDAY, SEPTEMBER 19, 2022
The Concord City Council met in a special meeting in the Garden Conference Room, 1950 Parkside Drive, Wing A, Concord, California, at 6:30 p.m. on Monday, September 19, 2022, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Joelle Fockler, City Clerk

CITY COUNCIL CONSIDERATION ITEM

CONSIDERING INTERVIEW QUESTIONS AND HOLDING INTERVIEWS TO FILL AN UNSCHEDULED VACANCY ON THE PLANNING COMMISSION FOR A TERM ENDING FEBRUARY 28, 2023.

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

The City Council confirmed the interview questions used for the February 12, 2019, Planning Commission interviews, which were used for interviews with seven applicants including:

Ajit Kaushal
Aeysha Corio
Raoul Maltez
Jan Newbegin
Michael Hudson
Paul Wood
Pablo Benevente

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on September 19, 2022, at 8:25 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, SEPTEMBER 20, 2022
The Concord City Council met in a special meeting in the City Council Conference Room, 1950 Parkside Drive, Wing A, Concord, California, at 5:30 p.m. on Tuesday, September 20, 2022, with Mayor Aliano presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session on PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957. Title: City Attorney.

By order of the Mayor, the meeting was adjourned on September 20, 2022, at 7:00 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Ord. No. 22-12 1
ORDINANCE NO. 22-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CONCORD ADDING CHAPTER 8.18 (SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS) TO TITLE 8 (HEALTH AND SAFETY) OF THE CONCORD MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 5.2 (COMMENCING WITH SECTION 42270) OF PART 3 OF DIVISION 30 OF THE CALIFORNIA

PUBLIC RESOURCES CODE PROHIBITING A FOOD FACILITY FROM

PROVIDING ANY SINGLE-USE FOODWARE ACCESSORY OR STANDARD

CONDIMENT UNLESS REQUESTED BY CONSUMER AND AUTHORIZING CITY

AND COUNTY ENFORCEMENT AND PENALTIES
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. Findings
a. Governor Gavin Newsom signed Assembly Bill (“AB”) 1276 into law on October 5, 2021, which prohibits a food facility or a third-party food delivery platform from providing single-use food accessories, such as cutlery, straws and condiment packets, to a customer unless requested by the customer.
b. Prior to adoption of AB 1276, state law (AB 1884 (adopted 2018)) prohibited a full- service restaurant from providing single-use plastic straws to customers unless requested by the customer. The state law required the plastic straw regulation to be enforced by the local health and environmental health officers and their agents. c. AB 1276 revised the state law by expanding the scope from full-service restaurants to food facilities, which generally includes all retail food operations; expanded the scope from single-use plastic straws to single-use foodware accessories, which includes utensils, condiments, and straws (but does not include napkins); and revised the enforcement obligation from the local health and environmental health officers (as applicable to the City of Concord, this would be the Contra Costa County health official) to whichever entity cities and counties deem appropriate.
d. AB 1276 is designed to reduce excess packaging and undesired condiments and implements from being given to a customer when eating on premises or taking food to go, and prohibits single-use foodware accessories from being bundled or packaged in a way

5.b

Ord. No. 22-12 2
that prohibits the customer from taking only the item desired. AB 1276 does, however, authorize a food facility to ask a drive-through customer if the customer wants a single-use foodware accessory in specified circumstances.
e. A food facility using a third-party food delivery platform is required to list on its menu the availability of single-use foodware accessories and standard condiments and only provide those items when requested. The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.
f. AB 1276 specifies that the first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. g. A city, county, or city and county, on or before June 1, 2022, is required to authorize an enforcement agency to enforce the requirements established under AB 1276. h. In order to comply with the enforcement requirements of AB 1276, the City Council of the City of Concord now wishes to adopt an ordinance adding Chapter 8.18 (Single-use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code adopting by reference of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer, and authorizing City and County enforcement. i. Government Code Section 50022.1, et. seq, sets forth the procedures by which a city may adopt a state law by reference.
j. The City will comply with the procedures set forth in Government Code Section 50022.1, et. seq., including holding a public hearing at the second reading, following notice requirements under Government Code Section 6066, and making available the entire language of the state law to be adopted by reference.

Section 2. CEQA Finding
The proposed Ordinance, adding Chapter 8.18 (Single-Use Foodware Accessories and

Ord. No. 22-12 3
Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code does not constitute a “project” within the meaning of CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the ordinance does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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. Amendment of Municipal Code
Chapter 8.18 (Single-Use Foodware Accessories and Condiments) is hereby added to Title 8 (Health and Safety) of the Concord Municipal Code as follows:

Sec. 8.18.010 Adoption by Reference of State Prohibition on Providing Single-Use Foodware Accessories or Standard Condiments.

Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, as written and amended, is adopted by reference in its entirety and incorporated herein. The provisions of this chapter shall be enforced by the City of Concord, and may be enforced by the County of Contra Costa.

Sec. 8.18.020 Enforcement
a) The City Manager or the City Manager’s designee has primary responsibility for the enforcement of this chapter. The City Manager or the City Manager’s designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food facility as part of their regular inspection functions and reporting any alleged violations to the City Manager or the City Manager’s designee.
b) The County of Contra Costa and its agents are authorized to take any and all actions

Ord. No. 22-12 4
reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours.

Sec. 8.18.030 Penalties
Pursuant to Public Resources Code Section 42272(b) as adopted by reference and incorporated herein, the first and second violations of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

Section 4. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 5. Effective Date
Pursuant to Government Code Section 50022.3, notice of the Council meeting at which this Ordinance is scheduled to be adopted shall be published pursuant to Government Code Section 6066 in a newspaper of general circulation in or nearest to the City. Prior to the public hearing, the City Clerk shall publish notice of the hearing once a week for two successive weeks, with at least five days intervening between the publication dates, not counting such publication dates. The notice shall state the time and place of the hearing, and include a description of the purpose and subject matter of the ordinance. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day. A copy of this Ordinance and a copy of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, being considered for adoption by reference, are on file with the City Clerk, and are open to public inspection, and the public notice shall state the same. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish a summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance, and Chapter 5.2 (commencing with Section 42270) of Part 3 of Division

Ord. No. 22-12 5
30 of the Public Resources Code, along with the names of those City Councilmembers voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective 30 days after its adoption.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-12 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on October 25, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on November 8, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

Staff Report
Date: November 8, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Prepared by: Ryan Pursley, Chief Building Official
[email protected]
(925) 671-3173
Subject: Considering introduction of an Ordinance amending the Concord Municipal Code Title 15 (Building and Building
Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code, and ratifying amendments to the 2022 California Fire Code contained in Contra Costa County Ordinance No. 2022- 34, by reading of the title only and waiving further reading.

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

Report in Brief
Every three years the state of California adopts a new edition of the California Building Standards Code, and subsequently, these new editions of the code are adopted by the City of Concord and Contra Costa County with local administrative amendments. The 2022 edition of the California Building Standards Code was released in July 2022 and goes into effect on January 1, 2023. The proposed Ordinance (Attachment 1) amends the Concord Municipal Code as follows:

1. Title 15 is amended to include the 2022 edition of the California Building Standards Code with local administrative amendments .

2. Title 15 is amended to include the 2021 edition of the Uniform Swimming Pool, Spa and Hot Tub Code with local administrative amendments.

5.c5.c5.c

City Council Agenda Report
Agenda Item No. 5.c
November 8, 2022

3. Title 15 is amended to ratify amendments to the 2022 California Fire Code contained in the Contra Costa County Ordinance No. 2022-34.

Recommended Action
Introduce an Ordinance amending Concord Municipal Code Title 15 (Building and Building Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code, and ratifying amendments to the 2022 California Fire Code contained in Contra Costa County Ordinance No. 2022-34, by reading of the title only and waiving further reading.

Background
2022 California Building Standards Code
The State of California uses a three-year adoption cycle to update Title 24 of the California Code of Regulations (CCR). Title 24 of the CCR contains the codes that regulate building construction in the State of California. Title 24 of the CCR is also referred to as the California Building Standards Code. The California Building Standards Commission (CBSC) has adopted the 2022 California Building Standards Code published in July 2022, consisting collectively of the following 12 parts:

1. California Administrative Code (Part 1)

2. California Building Code (Part 2)

3. California Residential Code (Part 2.5)

4. California Electrical Code (Part 3)

5. California Mechanical Code (Part 4)

6. California Plumbing Code (Part 5)

7. California Energy Code (Part 6)1

8. California Historical Building Code (Part 8)

9. California Fire Code (Part 9)

10. California Existing Buildings Code (Part 10)

11. California Green Building Standards Code (Part 11)

12. California Referenced Standards Code (Part 12)
Except for the Administrative Code, Energy Code, Historical Building Code, Green Building Standards Code, and Referenced Standards Code, these codes originate as part of a national code development process. The International Code Council (ICC) 1 PART 7 – Vacant - formerly California Elevator Safety Construction Code (see Cal.

Code Regs., Title 8)

City Council Agenda Report
Agenda Item No. 5.c
November 8, 2022
publishes the International Building, Residential, Fire and Existing Building Codes; The International Association of Plumbing and Mechanical Officials (IAPMO) publishes the Uniform Plumbing and Mechanical Codes; and the National Fire Protection Association (NFPA) publishes the National Electrical Code. These national codes are then amended by the CBSC to create the California specific editions.

The Energy Code is developed by the California Energy Commission. The Historical Building Code is developed by the California Building Standards Commission. The Green Building Standards Code is developed by the California Department of Housing and Community Development, Division of State Architect, the Office of the State Fire Marshal, the California Energy Commission, and the CBSC.

Adoption of the 2022 California Building Standards Code will allow the public to avail themselves of current health and safety provisions contained within the 12 parts of the code. While the City Council may make local amendments to the technical provisions of any of the codes, such amendments require the City Council to make findings based upon local climatic, geologic, and/or topographic conditions. State law prohibits jurisdictions from adopting any amendments that would reduce a requirement (e.g., less safe), but allows amendments that are more stringent (e.g., safer). In the past years, there has been a collaborate effort on the part of Bay Area jurisdictions working through the Tri-Chapter Uniform Code Committee (TUCC) to reduce the number of local technical amendments within the region. In this code adoption cycle, staff is not recommending any technical amendments.

Unlike technical amendments to the code, administrative amendments do not require the City Council to make findings based upon climatic, geologic, or topographic conditions. Staff has spent considerable time and effort to ensure that the administrative amendments to the adopted codes are consistent and appropriate. Administrative amendments address adoption of appendices and provide for uniform treatment of fees, appeals, expiration of permits, and remedies for violations. The administrative amendments that are proposed by staff support the provision of uniform administration and enforcement across all of the codes.

The 2022 California Building Standards Code becomes effective on January 1, 2023.

Thus, all jurisdictions in California that are responsible for the enforcement of building regulations must begin enforcing the 2022 codes on January 1, 2023. The 2022 codes will not apply to any permits applied for prior to January 1, 2023. All permit applications that are received prior to January 1, 2023, and that are deemed complete, will have the permit issued, and inspections performed, based on the code in effect at the time the application was submitted.

In order to enforce the proposed local administrative amendments, a municipal code amendment is required, otherwise the City would be mandated by default to enforce the

City Council Agenda Report
Agenda Item No. 5.c
November 8, 2022
version adopted by the State. The proposed Ordinance (Attachment 1) provides the necessary adoption of amendments to the municipal code.

Uniform Swimming Pool, Spa and Hot Tub Code
To provide consistent and up-to-date codes, it is proposed to amend the Uniform Swimming Pool, Spa, and Hot Tub code adopted in Title 15 Chapter 15.60 to update the currently adopted 2018 edition to the most recently released 2021 edition.

Contra Cost County Ordinance 2022-34
The City of Concord receives its fire protection services from the Contra Costa County Fire Protection District (“Fire District”). The Board of Supervisors serves as the Board of Directors for the Fire District. On November 8, 2022, the Board of Supervisors adopted the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9) with amendments by approving County Ordinance 2022-34 (Attachment 2).

The amendments include clarifications of terms and definitions, auto wrecking yard requirements, regulations for emergency access to developments during and after construction, fire sprinkler provisions for specified occupancy types, and administrative modifications that match existing operations and procedures.

The Fire District Fire Marshal has requested that all Contra Costa Cities, including the City of Concord, adopt the amendments to the 2022 California Fire Code which are contained in County Ordinance 2022-34. Adopting these amendments will not change the level of fire protection service provided to the City of Concord. The technical amendments contained in County Ordinance 2022-34 are essentially the same as, and replace, those contained in the currently adopted County Ordinance 2019-37.

It is necessary to ratify County Ordinance 2022-34 before it takes effect in the City of Concord. The proposed Ordinance (Attachment 1) amends the Concord Municipal Code Title 15 to include County Ordinance 2022-34 (Attachment 2).

Significant Code Changes
 The County amendments to the California Fire Code add new provisions to Section 3303 for site security during construction. These provisions were closely developed with and initiated by the City of Concord’s Building Official, in response to multiple construction fires in Concord’s recent history. The new provisions provide options for heightened means of construction site security that can be required on a case-by- case basis when deemed necessary by the Building Official and Fire Marshal. These code provisions will critically reduce the risk of construction fires, thereby improving community safety, reducing potential loss of life and property, and promoting and protecting further development of desperately needed housing.  2022 California Energy Code:
o New Single-Family Residences -

City Council Agenda Report
Agenda Item No. 5.c
November 8, 2022
 Default for space heating is now electric heat pumps rather than natural gas furnace
 Required to have electric heat pump water heaters rather than natural gas water heaters
 Required to be “electric ready” for all appliances including cooktops and clothes dryers even if gas appliances are installed  Required to be “energy storage system ready” for future installation of battery storage systems
 Main Service Electrical panels must be 225 amps
o New Multi-Family Residences –
 Space conditioning systems must be heat pumps
 Water heaters serving individual units are required to have electric heat pump or instantaneous gas water heaters
 Solar PV and battery storage required for building with more than 3 stories
 Required to be “electric ready” for all appliances including cooktops and clothes dryers even if gas appliances are installed o New Commercial Buildings –
 For projects with lighting of 4000 watts or more, demand-response controls are required.
 Increased requirements for Solar PV and battery storage  2022 California Green Building Standards Code:
o New Multi-Family and Hotel buildings with more than 20 units are required to provide 5% of parking spaces with electric vehicle charging stations o New Commercial buildings with 25 or more parking spaces are required to provide approximately 5% with electric vehicle charging stations Financial Impact
There will be minimal fiscal impacts as a result of the adoption of the 2022 California Building Standards Code, the 2021 Uniform Swimming Pool, Spa and Hot Tub Code, and the County amendments to the 2022 California Fire Code.

As part of its standard practices, the Building Division staff will dedicate a considerable amount of time to train staff on the new codes, revising City construction handouts, updating website information and permit processes, and educating and instructing the public on the code changes that will be enforced during plan reviews and inspections.

This will require an increase investment in training, books, and supplemental consultant

City Council Agenda Report
Agenda Item No. 5.c
November 8, 2022
staff to free up staff to undergo the training. These additional resources are included in the approved budget for this Fiscal Year, no additional resources are needed.

Environmental Determination
Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378 because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment, and/or the proposed ordinance does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Public Contact
The City Council Agenda was posted, and a notice of the public hearing was sent to the East Bay times, a newspaper of general circulation.

Attachments

1. Ordinance Amending Concord Municipal Code Title 15

2. County Ordinance 2022-34

Ord. No. 22-XX 1
ORDINANCE NO. 22-XX

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
TITLE 15 (BUILDINGS AND BUILDING REGULATIONS) TO
INCLUDE THE 2022 CALIFORNIA BUILDING STANDARDS CODE
AND THE 2021 UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE AND RATIFYING THE AMENDMENTS TO THE 2022

CALIFORNIA FIRE CODE CONTAINED IN THE CONTRA COSTA
COUNTY ORDINANCE NO. 2022-34
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

WHEREAS, the City of Concord is wholly contained within the geographical boundaries of a legal special district known as the Contra Costa County Fire Protection District (“Fire District”), formed pursuant to California Health and Safety Code Section 13800 et seq; and WHEREAS, the Fire District has responsibility for emergency, medical first-responder services, fire suppression and fire protection duties within its special district boundary, including within the City of Concord; and
WHEREAS, on November 8, 2022 the Contra Costa County Board of Supervisors in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted the 2022 California Fire Code with technical amendments by adopting Ordinance 2022-34, and as part of such adoption made express findings in support of technical amendments to the 2022 California Fire Code based upon climatic, topographical, and geological conditions (“Findings”); and
WHEREAS, in accordance with California Health and Safety Code Section 13869.7, a city may ratify, modify or deny a fire protection district-adopted ordinance, and no ordinance adopted by a fire protection district shall be effective within the municipal limits of a city until ratified by the city; and
WHEREAS, pursuant to California Health and Safety Code Section 13869.7, any fire protection district that adopts an ordinance pertaining to building standards related to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal shall transmit the adopted ordinance to the city where the ordinance will apply; and Attachment 1

Ord. No. 22-XX 2
WHEREAS, the Fire District transmitted Ordinance No. 2022-34 and a copy of the Findings to the City in accordance with California Health and Safety Code requirements; and WHEREAS, the Chief Building Official for the City of Concord has recommended ratification of Ordinance No. 2022-34 in its entirety; and WHEREAS, as discussed in the Findings, local climatic, geological, and topographical conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in the City of Concord; and
WHEREAS, the City Council does hereby find and determine that the amendments to the 2022 California Fire Code, as expressed in Ordinance No. 2022-34 and as discussed by the Findings, to be reasonably necessary because of local climatic, geological and topographical conditions; and WHEREAS, the City Council does hereby find and determine that the ratification of Ordinance No. 2022-34 within the jurisdictional boundary of the City of Concord is a responsible measure to provide additional reasonable and uniform degrees of fire and life safety to its citizens, businesses and community; and
WHEREAS, the City Council does hereby ratify Ordinance No. 2022-34 and adopt the Findings; and
WHEREAS, pursuant to California Health and Safety Code Section 13869.7 (h)(1), the City Council does hereby delegate enforcement of Ordinance No. 2022-34 within the jurisdictional limits of the City of Concord to the Fire Chief of the Contra Costa County Fire Protection District or authorized representative.

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

Section 1. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.10 (Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.10 BUILDING CODE

15.10.010 Building Code adopted.

The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, published by the California Building Standards Commission, 2525 Natomas

Ord. No. 22-XX 3
Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Building Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Building Code, as amended in this chapter, shall be known, designated and referred to as the “Building Code” for the City of Concord.

15.10.020 Appendix Adoption.

Appendices C (Group U – Agricultural Buildings) and I (Patio Covers) of the California Building Code are hereby adopted. All remaining appendices are not adopted.

15.10.030 Administrative Amendments.

The following are administrative amendments to Chapter 1 Division II (Scope and Administration):
(1) Section 101.1 (Title) is hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Concord, hereinafter referred to as “this code.”
(2) Section 101.4.4 (Property maintenance) is hereby deleted. (3) Section 103.1 (Creation of enforcement agency) is hereby revised to read as follows:
103.1 Creation of enforcement agency. The City of Concord Building Division is hereby created, and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(4) Section 104.10.1 (Flood hazard areas) is hereby deleted. (5) Section 105.3.2 (Time limitation of application) is hereby deleted. (6) Section 105.5 (Expiration) is hereby deleted in its entirety. (7) Section 113 (Means of Appeals) is hereby deleted in its entirety.

Ord. No. 22-XX 4
Section 2. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter 15.15 (Electrical Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.15 ELECTRICAL CODE

15.15.010 Electrical Code adopted.

The 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Electrical Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Electrical Code shall be known, designated and referred to as the “Electrical Code” for the City of Concord.

Section 3. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.20 (Plumbing Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.20 PLUMBING CODE

15.20.010 Plumbing Code adopted.

The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 3, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Plumbing Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Plumbing Code, as amended in this chapter, shall be known, designated and referred to as the “Plumbing Code” for the City of Concord.

15.20.020 Appendix adoption.

Ord. No. 22-XX 5
Appendices A, B, D, H, I, and K of the California Plumbing Code are hereby adopted.

All remaining appendices are not adopted.

15.20.030 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Where plans are incomplete or changed so as to require additional review, a fee shall be charged as set forth in the schedule as established by the applicable governing authority.
(2) Section 104.3.3 (Time Limitation of Application) is hereby deleted. (3) Section 104.4.3 (Expiration) is hereby deleted.
(4) Section 104.4.4 (Extensions) is hereby deleted.
(5) Section 104.5 (Fees) is hereby amended to read:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the schedule as established by the applicable governing authority.
(6) The fourth paragraph of Section 105.2.6 (Reinspections) is hereby amended to read:

To obtain reinspection, the applicant shall first pay a reinspection fee as set forth in the schedule as established by the applicable governing authority. (7) Section 107.0 (Board of Appeals) is hereby deleted in its entirety. (8) Table 104.5 (Plumbing Permit Fees) is hereby deleted.

Section 4. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.25 (Mechanical Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.25 MECHANICAL CODE

15.25.010 Mechanical Code adopted.

The 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time

Ord. No. 22-XX 6
(collectively, “California Mechanical Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Mechanical Code, as amended in this chapter, shall be known, designated and referred to as the “Mechanical Code” for the City of Concord.

15.25.020 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Where plans are incomplete or changed so as to require additional review, a fee shall be charged as set forth in the schedule as established by the applicable governing authority.
(2) Section 104.3.3 (Time Limitation of Application) is hereby deleted. (3) Section 104.4.3 (Expiration) is hereby deleted.
(4) Section 104.4.4 (Extensions) is hereby deleted.
(5) Section 104.5 (Fees) is hereby amended to read:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the schedule as established by the applicable governing authority.
(6) The fourth paragraph of Section 105.2.6 (Reinspections) is hereby amended to read:

To obtain reinspection, the applicant shall first pay a reinspection fee as set forth in the schedule as established by the applicable governing authority. (7) Section 107.0 (Board of Appeals) is hereby deleted in its entirety. (8) Table 104.5 (Mechanical Permit Fees) is hereby deleted.

Section 5. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.40 (Residential Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.40 RESIDENTIAL BUILDING CODE

Ord. No. 22-XX 7

15.40.010 Residential Building Code adopted.

The 2022 California Residential Code, California Code of Regulations, Title 24, Part

2.5, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Residential Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Residential Code, as amended in this chapter, shall be known, designated and referred to as the “Residential Building Code” for the City of Concord.

15.40.020 Appendix adoption.

Appendix AH (Patio Covers) of the California Residential Code is hereby adopted. All remaining appendices are not adopted.

15.40.030 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) Section R101.1 (Title) is hereby revised to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the City of Concord and shall be cited as such and will be referred to herein as “this code.”
(2) Section R102.7 (Existing structures) is hereby revised to read as follows:

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to be to continue without change, except as is specifically covered in this code, the California Existing Building Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (3) The term “Department of Building Safety” as defined in Section R103 and used within Chapter 1 Division II shall mean the Building Division of the City of Concord. (4) Section R104.10.1 (Flood hazard areas) is hereby deleted.

Ord. No. 22-XX 8
(5) Section R105.3.1.1 (Determination of substantially improved or substantially damaged existing buildings in flood hazard areas) is hereby deleted. (6) Section R105.3.2 (Time limitation of application) is hereby deleted. (7) Section R105.5 (Expiration) is hereby deleted in its entirety. (8) Section R112 (Board of Appeals) is hereby deleted in its entirety.

Section 6. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.42 (Historical Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.42 HISTORICAL BUILDING CODE

15.42.010 Historical Building Code adopted.

The 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Historical Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Historical Building Code shall be known, designated and referred to as the “Historical Building Code” for the City of Concord.

Section 7. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.43 (Existing Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.43 EXISTING BUILDING CODE

15.43.010 Existing Building Code adopted.

The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Existing Building Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

Ord. No. 22-XX 9
The California Existing Building Code, as amended in this chapter, shall be known, designated and referred to as the “Existing Building Code” for the City of Concord.

15.43.020 Appendix Adoption.

Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings) of the California Existing Building Code is hereby adopted. All remaining appendices are not adopted.

15.43.030 Administrative Amendments.

The following are administrative amendments to Chapter 1 Division II (Scope and Administration):
(1) Section 101.1 (Title) is hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Existing Building Code of the City of Concord, hereinafter referred to as “this code.” (2) Section 101.4.2 (Buildings previously occupied) is hereby revised to read as follows:
101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Fire Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
(3) Section 103.1 (Creation of agency) is hereby revised to read as follows:
103.1 Creation of enforcement agency. The City of Concord Building Division is hereby created, and the official in charge thereof shall be known as the code official.

The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(4) Section 104.10.1 (Flood hazard areas) is hereby deleted. (5) Section 105.3.2 (Time limitation of application) is hereby deleted. (6) Section 105.5 (Expiration) is hereby deleted in its entirety. (7) Section 112 (Means of Appeals) is hereby deleted in its entirety.

Ord. No. 22-XX 10
Section 8. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.45 (Green Building Standards Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.45 GREEN BUILDING STANDARDS CODE

15.45.010 Green Building Standards Code adopted.

The 2022 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Green Building Standards Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Green Building Standards Code shall be known, designated and referred to as the “Green Building Standards Code” for the City of Concord.

Section 9. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.47 (Energy Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.47 ENERGY CODE

15.47.010 Energy Code adopted.

The 2022 California Energy Code, California Code of Regulations, Title 24, Part 6, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Energy Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Energy Code shall be known, designated and referred to as the “Energy Code” for the City of Concord.

Ord. No. 22-XX 11
Section 10. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter 15.60 (Swimming Pool, Spa, and Hot Tub Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.60 SWIMMING POOL, SPA, AND HOT TUB CODE

15.60.010 Swimming Pool, Spa, and Hot Tub Code adopted.

The 2021 Uniform Swimming Pool, Spa, and Hot Tub Code published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street, Ontario, CA 91761-2816, a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The Uniform Swimming Pool, Spa, and Hot Tub Code, as amended in this chapter, shall be known, designated and referred to as the “Swimming Pool, Spa, and Hot Tub Code” for the City of Concord.

15.60.020 Administrative Amendments.

The following are administrative amendments to Chapter 1 (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Where plans are incomplete or changed so as to require additional review, a fee shall be charged as set forth in the schedule as established by the applicable governing authority.
(2) Section 104.3.3 (Time Limitation of Application) is hereby deleted. (3) Section 104.4.3 (Expiration) is hereby deleted.
(4) Section 104.4.4 (Extension) is hereby deleted.
(5) Section 104.5 (Fees) is hereby amended to read:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the schedule as established by the applicable governing authority.

Ord. No. 22-XX 12
(6) The fourth paragraph of Section 105.2.6 (Reinspections) is hereby amended to read:

To obtain reinspection, the applicant shall first pay a reinspection fee as set forth in the schedule as established by the applicable governing authority. (7) Section 107.0 (Board of Appeals) is hereby deleted in its entirety. (8) Table 104.5 (Swimming Pool, Spa, and Hot Tub Permit Fees) is hereby deleted.

The following are administrative amendments to Chapter 8 (Safety):
(1) Section 803.1 (General) is hereby amended to read:
803.1 General. An outdoor swimming pool (including an inground, aboveground, or onground pool), spa, or hot tub shall be provided with a barrier in accordance with Section 803.2 through Section 803.7 and enclosed on all sides.

Exception: When an enclosure meeting the requirements of the California Swimming Pool Safety Act per California Health and Safety Code Section 115922(a) (1) or (2) is provided.

Section 11. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.65 (Fire Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.65 FIRE CODE

15.65.010 Fire Code adopted.

The 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Fire Code”), a copy of which is filed in the office of the Building Official, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Fire Code, as amended in this chapter, shall be known, designated and referred to as the “Fire Code” for the City of Concord.

15.65.020 Administrative Amendments.

Ord. No. 22-XX 13
The following are administrative amendments to Chapter 1 Division II (Scope and Administration):
(1) Section 101.1 (Title) is hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Concord, hereinafter referred to as “this code.”
(2) Section 103.1 (Creation of agency) is hereby revised to read as follows:
103.1 Creation of agency. The Contra Costa County Fire Protection District is hereby created, and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

15.65.030 Contra Costa County Fire Protection District Ordinance adopted.

Ordinance 2022-34 of the Contra Costa County Fire Protection District, adopted November 8, 2022, is hereby ratified by the City Council under the authority of California Health and Safety Code § 13869.7. Ordinance 2022-34 adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9, including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K), as amended by the changes, additions, and deletions set forth in the ordinance. The provisions of the 2022 California Fire Code as amended by District Ordinance 2022-34 shall be controlling and enforceable within the jurisdictional boundaries of the City of Concord.

15.65.040 Delegation of enforcement to Fire Chief.

Pursuant to California Health and Safety Code § 13869.7, the City Council delegates enforcement of Ordinance 2022-34 to the Fire Chief of the Contra Costa County Fire Protection District or his or her authorized representatives.

Section 12. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted

Ord. No. 22-XX 14
this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 13. This Ordinance No. 22-XX shall become effective (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on November 8, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on December 6, 2022, by the following vote:

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

Ord. No. 22-XX 15
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

ORDINANCE NO. 2022-34
1 ORDINANCE NO. 2022-34

FIRE CODE

ORDINANCES OF THE COUNTY OF CONTRA COSTA, THE CROCKETT-CARQUINEZ FIRE

PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ADOPTING THE 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS.

The Contra Costa County Board of Supervisors, as the Board of Supervisors for Contra Costa County and as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows:

SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE.

Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereby adopt the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.

SECTION 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE.

The 2022 California Fire Code is amended by the changes, additions, and deletions set forth in this Section 2. Chapter and Section numbers used below are those of the 2022 California Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:
101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as “this code.”
Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

Attachment 2

ORDINANCE NO. 2022-34
2 Section 105.5 is amended to read:

105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set fo rth in Chapter 1, Sections 105.5 .1 through 105.5.63.

Section 105.5.33 is amended to read:

105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public , fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:

105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent

Section 105.5 is amended to read:

105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).

Section 105.5 is amended by adding Sections 105.5.55 through 105.5.63 to read:

105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 331 9

105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations.

105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees

105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code

ORDINANCE NO. 2022-34
3 105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article

17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed.

105.5.60 Temporary Occupancy . A permit is required for any temporary occupancy.

105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.

105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m 3) of tires inside buildings pursuant to Chapter 34.

105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:

105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set fo rth in Chapter 1, Sections 105.6 .1 through 105.6.29.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:

105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.

105.6.26 Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R -3 Occupancies where work does not involve a substantial addition or substantial alteration .

105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Sectio n 507.

ORDINANCE NO. 2022-34
4 105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.

Section 105.7 is added, to read:

105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District, Fire Department to incorporate all of the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is amended to read:

112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit to continue; and all such persons shall be required to correct or

remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

Administrator. Shall mean the Fire Chief

Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-weather driving surface . A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

Automobile Dismantling or Wrecking Yard . The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

ORDINANCE NO. 2022-34
5 Wrecking Yard. An area that stores or dismantles salvaged vehicles.

Board of Directors . The Contra Costa County Board of Supervisors as the governing body of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District.

Board of Fire Commissioners . An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

Defensible Space . The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or prot ection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.

Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

Fire Code Official . The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.

Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has bee n removed to bare mineral soil t o stop or prevent the extension of fire from one area to another.

Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

Fuel Break . A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased t rees and any other vegetation as determined by the

ORDINANCE NO. 2022-34
6 fire code official.

Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department

Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the county, city, distri ct or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.

Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone . An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.

Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction, which is or when dry may become a fire hazard. See combustible material.

Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area . An area generally designated for single-family residential use with parcels between three (1.214061 9ha) and 10 (4.046873ha) acres in size.

ORDINANCE NO. 2022-34
7 Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water - flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements .

Substantial Addit ion. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the tota l new gross floor area is 5,000 square feet or greater.

Substantial Alteration . Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Temporary Fire Department Access Road for Construction . An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.

Temporary Fire Department Access Road for Construction of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.

Temporary Water Supply . Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight.

2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous;

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

ORDINANCE NO. 2022-34
8 Chapter 3. General Precautions Against Fire.

Section 304.3.5 is added, to read:

304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1 is amended to read:

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.

324.1 Subsurface Fires.

324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire ora fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense.

324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)

Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards.

325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.

325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling
Automobile Wrecking Yard

ORDINANCE NO. 2022-34
9 325.3 Requirements.

325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53.

325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.

325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.

325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.

325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A:
40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.

325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.

325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.

325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.

325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.

325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.

325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.

325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable

ORDINANCE NO. 2022-34
10 (gasoline, diesel) fuels in an approved manner and stored in approved tanks.

325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.

325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:

401.5.1 Nuisance Fire Alarm. A fee may be charged for false/ or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:

401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 401.11 is added to read

401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:

503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:

503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

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11 Section 503.2.1 is amended by adding the following exception:

Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings.

Section 505.3 is added, to read:

505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

Chapter 6. Building Services and Systems.

Section 605.3.1 is added to read:

605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2

Chapter 9. Fire Protection Systems.

Section 901.6.3 is amended to read:

901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.

Section 902.1 is amended to add:

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period.

Section 903.2.1.1 is amended to read:

903.2.1.1 Group A -1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A -1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

ORDINANCE NO. 2022-34
12 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:

903.2.1.3 Group A -3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A -3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exi t discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:

903.2.1.4 Group A -4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A -4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety, to read:

903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility.

3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.

ORDINANCE NO. 2022-34
13 Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.3 is amended to read:

903.2.3 Group E. An automatic sprinkler s ystem shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4­hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4 is amended to read:

903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following ·conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F -1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture. of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).

Section 903.2.4.4 is added to read:

903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read

903.2.7 Group M . An automatic sprinkler system shall be provided throughout buildings

ORDINANCE NO. 2022-34
14 containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, inc luding any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.8 is amended to read:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added, to read:

903.2.8.1.1 Group R -3 Substantial Addition or Alteration . An automatic sprinkler system shall be provided throughout all existing Group R -3 dwellings where either of the following occurs:

1. Substantial Addition . The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet.

2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Section 903.2.9 is amended to read:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S -1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:

ORDINANCE NO. 2022-34
15 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.10.1 is amended to read:

903.2.10 Group S -2 parking garages . An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:

903.2.10.3 Group S -2 low hazard storage . An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2022 California Building Code and 2022 California Fire Code without local amendment.

Section 903.3.1.1.4 is added to read:

903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density.

Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system.

Section 903.3.1.3 is amended to read:

903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems

ORDINANCE NO. 2022-34
16 for one­ and two- family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1.

Section 903.3.1.3.1 is added to read:

903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R -19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 903.3.5.3 is added to read:

903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:

903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:

903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest or ifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 and 903.6.2 are added to read:

903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor are a of the structure exceeds 3,600 square feet. Group R -3 sub stantial additions or alterations shall comply with Section 903.2.8.1.1.

903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative

ORDINANCE NO. 2022-34
17 hazard of 1 (highest hazard).

Section 907.4.4 is added to read:

907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire supp ression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre -action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.

Section 907.5.2.3.1 is amended to read:

907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:

907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL -listed Central Station service in accordance with NFPA 72 and this code.

Exception: Monitoring by a UL-listed central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

ORDINANCE NO. 2022-34
18 3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two-family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added to read:

907.6.7 Certification. New fire alarm systems shall be UL -Certified. A Certificate of Completion and other doc umentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added to read:

907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

Chapter 10. Means of Egress.

Section 1028.5.1 is added to read:

1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way as defined in the California Building Code.

Chapter 33. Fire Safety During Construction and Demolition.

Section 3303.1.2 is added to read:

3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.

Section 3303.1.3 is added to read:

3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols

4. Detection check points located throughout the buildings for fire watch and patrol verification

5. Security camera coverage throughout the site with motion detection notifications

ORDINANCE NO. 2022-34
19 6. Identify measures taken to prevent tampering with security cameras and motion sensors

7. Necessary lighting throughout the project site

Section 3319 Asbestos Removal is added to read as follows:

3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets and similar equipment.

2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.

3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.

3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high.

Chapter 50. Hazardous Materials - General Provisions.

Section 5001.5.1 is amended to add item number 10 and 11 to read as follows:

10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room

11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated

ORDINANCE NO. 2022-34
20 with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.

Section 5001.5.3 is added to read:

5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. T his location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:

5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

Chapter 56. Explosives and Fireworks.

Section 5601.1.3 is amended to read as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within jurisdiction of the District.

Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.2 is amended to read as follows:

5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.4 is amended to read as follows:

5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the

ORDINANCE NO. 2022-34
21 conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.

Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608

Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:

5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.

A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read as follows:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.

Section 5706.2.4.4 is amended to read:

Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.

Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids

Section 5806.2 is amended to read as follows:

5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

ORDINANCE NO. 2022-34
22 Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Chapter 61. Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended to read:

6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:

6104.2 Maximum capacity within established limit. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems

NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations

Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added, to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed

ORDINANCE NO. 2022-34
23 above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type Kor L copper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

TABLE B105.2
Required Fire-Flow for Buildings Other Than One-
and
Two-Family Dwellings, Group R-3 and R-4 Buildings
and Townhouses

AUTOMATIC SPRINKLER

SYSTEM (DESIGN

STANDARD)

MINIMUM FIRE -FLOW
(GALLONS PER MINUTE)

FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California Fire
Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and J)
The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A
HYDRANT (d, f, g, i)

ORDINANCE NO. 2022-34
24 Footnotes "i" and "j" are added to Table C102.1, to read:

i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.

j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all -weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS - 20-

44. Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside.

ORDINANCE NO. 2022-34
25 Figure D103.1 is amended to read:

Table D103.4 is amended to read:

Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGT
H
(feet)
MINIMU
M
WIDTH
(feet)
. TURNAROUNDS REQUIRED
0-150 20a None required
151 -
750 20a 100-foot Hammerhead, SO -foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with figure D103.1
Over 750 Special approval
required b
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.

ORDINANCE NO. 2022-34
26 b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6096mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5, to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted in its entirety.

ORDINANCE NO. 2022-34
27 SECTION 3. REPEAL OF FIRE CODE.

Ordinance No. 2019-37, adopting the 2019 California Fire Code with amendments, is hereby repealed.

SECTION 4. REFERENCES TO PRIOR CODE.

Unless superseded and expressly repealed, references in City forms, documents, and regulations to the chapters and sections of the Fire Code of Contra Costa County, the Crockett- Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2019, shall be construed to apply to the corresponding provisions contained within the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2022. Ordinance 2019-37 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 5. VALIDITY.

The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2022 California Fire Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination here from any portion or provision as may be declared invalid.

SECTION 6. MORE RESTRICTIVE REQUIREMENTS.

If requirements are more restrictive than those in this fire code are adopted by the city of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Concord, Discovery Bay, Knightsen, Lafayette, Martinez, Oakley, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, those requirements will apply only within the jurisdiction adopting those requirements.

SECTION 7. EFFECTIVE DATE.

This ordinance becomes effective on January 1, 2023 or 30 days after passage, whichever is later.

Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code Section 25124, with the names of supervisors voting for and against it.

ORDINANCE NO. 2022-34
28 Passed on , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: Monica Nino _________________________ Clerk of the Board of Supervisors Board Chair and County Administrator

By: ______________________ [SEAL]
Deputy

Staff Report
Date: November 8, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering acceptance of improvements for the Traffic Safety Around Schools, Project No. 2576, located at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Language Academy, and East Olivera Road Trail Crossing; and directing the City Clerk to file a Notice of Completion.

Report in Brief
Gruendl Inc. dba Ray’s Electric of Oakland, CA has completed all work associated with the Traffic Safety Around Schools, Project No. 2576, and has provided the required one-year construction warranty bond. The Federal project number is HSIPL-5135(062).

The project improvements included various forms of crossing improvements at four locations by schools within the City of Concord. The work took place at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Academy, and at the East Olivera Road Trail Crossing, see Location map (Attachment 1).

Recommended Action
Accept the improvements for Traffic Safety Around Schools, Project No. 2576; and direct the City Clerk to file the Notice of Completion (Attachment 2).

5.d5.d5.d

City Council Agenda Report
Agenda Item No. 5.d
November 8, 2022
Background
On June 28, 2022, the City Council awarded the Traffic Safety Around Schools, Project No. 2576, construction contract to Gruendl Inc. dba Ray’s Electric of Oakland (Ray’s) in the amount of $180,390. Construction for Project No. 2576 began on August 8, 2022.

The scope of the project included various forms of crossing improvements at four locations by schools within the City of Concord. The work took place at Salvio Street and Date Street by Olympic High School, Concord Boulevard and West Street by Concord High School, Ronald Way at Holbrook Language Academy, and at the East Olivera Road Trail Crossing by Holbrook Language Academy.

Construction for Project No. 2576 was completed within budget and within schedule.

Analysis
Ray’s has completed all improvements for Traffic Safety Around Schools, Project No. 2576, and staff has inspected the work, which is in compliance with the project plans and specifications. Ray’s has provided the required 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

City Council awarded a construction contract and authorized 10% contingency for a total construction budget of $198,429. The construction contract was completed within the original construction budget in the total amount of $195,253.22. Approximately 8% of the original 10% contingency was used for a tree removal and balancing of bid item quantities.

Financial Impact
The construction contract was completed within the original construction budget. The project was funded by state Highway Safety Improvement Program (HSIP) funds (Fund 402), and Measure J Local funds (Fund 475).

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Notice of Completion

Project 2576 – Traffic Safety Around Schools
Attachment 1

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Gruendl Inc. DBA Ray’s Electric (Contractor) dated June 28, 2022. The surety on said contract is held by Endurance Assurance Corporation, 12980 Lebanon Rd, Mt. Juliet, TN, 37122.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

Gruendl Inc. DBA ray’s Electric, 411 Pendleton Way, Suite B, Oakland, CA 94621, (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Salvio Street at Date Street, Concord Boulevard at West Street, 3333 Ronald Way, East Olivera Rd 300 feet east of Benton Street. (5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: November 8, 2022
I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 2

Staff Report
Date: November 8, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of the following for Residential Pavement Maintenance – Phase B (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and
(2) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for Pavement Maintenance - Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive.

5.e5.e5.e5.e5.e5.e

City Council Agenda Report
Agenda Item No. 5.e
November 8, 2022
See Attachment 1 to the staff report for more specific locations of each Zone.

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

Report in Brief
Residential Pavement Maintenance – Phase B consists of Pavement Maintenance - Zone 4O (Project No. 2607) and Pavement Maintenance - Zones 5C & 5D (Project No. 2608). The projects will rehabilitate pavement in three residential neighborhoods, for which the general locations for each zone are as follows (please see Attachment 1 for a detailed map):

Zone 4O: Located in central Concord between Clayton Road to the north and Cowell Road to the south and between Mesa Street/Oakland Avenue to the west and Contra Costa Canal to the east.

Zone 5C: Located in North Concord, south of Highway 4 and west of Highway 242, including Peralta Road and Northwood Drive.

Zone 5D: Located south of Highway 4 between Highway 242 and Hillsborough Drive, and between Saint George Drive and Olivera Road.

Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. After a competitive process, staff recommends Pavement Engineering, Inc. (PEI) to provide design engineering services for Project Nos. 2607 & 2608. PEI has extensive experience in the design of pavement improvement projects.

Recommended Action

1. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for the Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

2. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for the Pavement Maintenance - Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of

City Council Agenda Report
Agenda Item No. 5.e
November 8, 2022
Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

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

On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021, with a mid- cycle update, which included funding the design of the following two projects under Residential Pavement Maintenance – Phase B:
 Pavement Maintenance – Zone 4O (Project No. 2607) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4O. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $347,000 of Measure V Projects (Fund 407) funds.
 Pavement Maintenance – Zones 5C & 5D (Project No. 2608) will focus on pavement treatments in residential areas in Pavement Maintenance Zones 5C and 5D. The two Pavement Maintenance Zones are combined due to their proximity. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.

The project design is funded for Fiscal Year 2022-23 with $870,000 of Measure V Projects (Fund 490) funds.

Funds for design are currently available for Zone 4O, however funding for construction will not be available until Fiscal Year 2023-24. Therefore, construction for Zone 4O is anticipated to occur starting May 2024.

For Zones 5C and 5D, funds for design and construction are currently available.

Construction for these two zones is scheduled to occur starting May 2024.

Analysis
Recognizing the unique funding opportunity provided by the Measure V 5-Year Investment Plan adopted by Council in June 2021, Council prioritized the design of residential pavement maintenance projects in all three paving zones. According to the 5-Year Plan, pavement design efforts for neighborhoods 4O, 5C, and 5D are programmed for Year 3.

This grouping strategy will continue through the next Two-Year Capital Improvement Program (CIP) Budget, providing fully designed and shovel-ready residential paving

City Council Agenda Report
Agenda Item No. 5.e
November 8, 2022
projects, that allows adjustment of construction timing to coordinate with utility main replacements, maximizes opportunities to receive competitive bid pricing, and accelerates completion of pavement repair citywide.

Engineering design services are needed to initiate the design of each project, select the appropriate pavement treatment, and to develop project plans, specifications, and final construction cost estimates, in order to issue Request for Bids for construction. Limits of pavement work may be adjusted in order to construct improvements within budget, based on final cost estimates and field review during design. All construction awards will be reviewed by the Council at future public meetings.

The preliminary schedule calls for design to begin in December 2022 and to be completed in November 2023. Following design, staff will advertise for construction bids. Construction is anticipated for May 2024.

Procurement Process
Staff issued a Request for Proposal (RFP) for design engineering and related services on September 2, 2022, for Residential Pavement Maintenance – Phase B (Project Nos. 2607 & 2608). The RFP was advertised in the local newspaper and the City’s Procurement Website. Four proposals were received, which were reviewed and ranked by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Pavement Engineering Inc. (PEI) was selected as the most qualified firm to provide design engineering and related services for Residential Pavement Maintenance – Phase B (Project Nos. 2607 & 2608). City staff and PEI negotiated the scope of work, and cost for the services, and agreed upon a combined $629,131.00 as fair and reasonable compensation for the services needed to complete the design phase of the various projects.

PEI is qualified and has extensive experience in the design of pavement maintenance and pavement rehabilitation projects, and has successfully completed the design of the following projects for the City of Concord:
 Pavement Maintenance – Zone 3 (Project No. 2443)
 Pavement Maintenance – Zone 4 (Project No. 2444)
 Citywide Pothole & Base Repair Project (Project No. 2453)  Citywide Arterial & Collector Maintenance Project (Project No. 2458)  Denkinger Road Pavement Rehabilitation (Project No. 2459) Staff is considering combining projects in a single construction contract in order to attract contractors who prefer to bid in larger projects and benefit from economies of scale.

City Council Agenda Report
Agenda Item No. 5.e
November 8, 2022
Financial Impact
There are enough funds in the budget for the design phase of Residential Pavement Maintenance – Phase B (Project Nos. 2607 & 2608). The projects will consist of the following funds during the design phase:
 Pavement Maintenance – Zone 4O (Project No. 2607)
o Measure V Projects (Fund 407)
 Pavement Maintenance – Zones 5C & 5D (Project No. 2608) o Measure V Projects (Fund 490)
For Project No. 2607, funds for design are currently available, however funding for construction will not be available until Fiscal Year 2023-24. For Project No. 2608, funds for design and construction are currently available.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

2. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zone 4O (Project No. 2607), with Exhibit A, Fee Breakdown Schedule

3. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zones 5C & 5D (Project No. 2608), with Exhibit A, Fee Breakdown Schedule

Attachment 1
Project Location Map
Residential Pavement Maintenance – Phase B
City Project Nos. 2607 & 2608
PJ 2608
PJ 2607

Project Location Map
Pavement Maintenance - Zone 4O - Project No. 2607

Project Location Map
Pavement Maintenance - Zones 5C & 5D - Project No. 2608

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 Pavement Engineering Inc, 1190 Burnett Avenue, Suite E, Concord, Ca 94520 (“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 4O, Project No. 2607 described in detail in Exhibit A, a proposal from Pavement Engineering Inc dated September 27, 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 two hundred eighty-six thousand one hundred eighteen dollars and eighty cents ($286,118.80) for the term of this Agreement.

The total includes the sum of the base contract of two hundred sixty thousand one hundred eight dollars ($260,108.00) and a 10% contingency of twenty-six thousand ten dollars and eighty cents ($26,010.80).

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 2

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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 Joe Ririe, President.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of 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: Joe Ririe, President
Pavement Engineering, Inc
1190 Burnett Ave, Suite E
Concord, Ca 94520
Phone: (805) 781-2265
Fax: (805) 781-2267

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: Joe Ririe Name: Valerie Barone
Title: President Title City Manager
Address: 1190 Burnett Ave, Suite E Address: 1950 Parkside Drive Concord, Ca 94520 Concord, CA 94519 Telephone: (805) 781-2265 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 $286,118.80
Account Code: 4079500C999-74500 / 4072607113-74500
Finance Director's Signature

TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $255 15 $3,825
Assistant Engineer $170 15 $2,550
Senior Engineering Technician $150 8 $1,200
Est. Total $7,575
TASK 2
Phase 2.1
Senior Principal Engineer $255 14 $3,570
Assistant Engineer $170 39 $6,630
Senior Engineering Technician $150 2 $300
Clerical $80 5 $400
Dynaflect Operator $500 15 $7,500
Coring Technician $400 15 $6,000
Dynaflect & Coring Crew Preparation $150 6 $900
Mobilization $4,270
Traffic Control $4,350
Additional Evaluation (Allowance) $5,000
Est. Total $38,920
Phase 2.2
Assistant Engineer $170 51 $8,670
Senior Engineering Technician $150 51 $7,650
Engineering Technician $135 51 $6,885
Est. Total $23,205
Phase 2.3
Assistant Engineer $170 8 $1,360
Geo -West - Monument Perpetuation Report (29 Streets) $11,673 Est. Total $13,033
Phase 2.4
Senior Principal Engineer $255 2 $510
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $5,630
TASK 3
Phase 3.1
Senior Principal Engineer $255 21 $5,355
Assistant Engineer $170 65 $11,050
Senior Engineering Technician $150 129 $19,350
Engineering Technician $135 129 $17,415
Est. Total $53,170
Phase 3.2
Senior Principal Engineer $255 12 $3,060
Assistant Engineer $170 20 $3,400
Senior Engineering Technician $150 20 $3,000
Est. Total $9,460
Phase 3.3
Senior Principal Engineer $255 6 $1,530
Assistant Engineer $170 20 $3,400
Utilitiy Locating Service $12,500
Potholing Service $25,000
Est. Total $42,430
Phase 3.4
Senior Principal Engineer $255 0 $0
Assistant Engineer $170 0 $0
Geo-West $0
Est. Total $0
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $255 1 $255
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,495
Estimated Number of Ramps 5
Est. Total $17,475
Phase 4.2
Senior Principal Engineer $255 1 $255
Assistant Engineer $170 2 $340
Senior Engineering Technician $150 2 $300
$895
Estimated Number of Ramps 43
Est. Total $38,485
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $255 4 $1,020
Assistant Engineer $170 4 $680
Est. Total $1,700
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $255 5 $1,275
Assistant Engineer $170 20 $3,400
Est. Total $4,675
Phase 6.2
Senior Principal Engineer $255 2 $510
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 12 $1,800
Est. Total $4,350
Total Estimated Project Fee:

Est. Total Per Ramp
Regular Ramps Quantities Only (~43 Ramps)
Est. Total Per Ramp
Construction Support
As-Built Drawings
$260,108
PLANS, SPECIFICATIONS and ESTIMATES
30%, 60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Topographic and Right of Way Survey (Allowance)
Complex Ramps with Topographic Survey (~5 Ramps)
(ESTIMATED PROJECT COST - $3.0M)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (29 Streets) and ADA Ramp Assessments (105 Ramps) Monument Perpetuation
Concept Level Budget Analysis

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT MAINTENANCE - PHASE B
(ZONE 4O)
CITY PROJECT NO. 2607
Exhibit A to Attachment 2

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 Pavement Engineering Inc, 1190 Burnett Avenue, Suite E, Concord, Ca 94520 (“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 5C & 5D, Project No. 2608 described in detail in Exhibit A, a proposal from Pavement Engineering Inc dated September 27, 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 five thousand nine hundred twenty-five dollars and thirty cents ($405,925.30) for the term of this Agreement.

The total includes the sum of the base contract of three hundred sixty-nine thousand twenty-three dollars ($369,023.00) and a 10% contingency of thirty-six thousand nine-hundred two dollars and thirty cents ($36,902.30). 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 Joe Ririe, President.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of 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: Joe Ririe, President
Pavement Engineering, Inc
1190 Burnett Ave, Suite E
Concord, Ca 94520
Phone: (805) 781-2265
Fax: (805) 781-2267

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: Joe Ririe Name: Valerie Barone
Title: President Title City Manager
Address: 1190 Burnett Ave, Suite E Address: 1950 Parkside Drive Concord, Ca 94520 Concord, CA 94519 Telephone: (805) 781-2265 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 $405,925.30
Account Code: 4909500C999-74500 / 4902608113-74500
Finance Director's Signature

TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $255 15 $3,825
Assistant Engineer $170 15 $2,550
Senior Engineering Technician $150 8 $1,200
Est. Total $7,575
TASK 2
Phase 2.1
Senior Principal Engineer $255 11 $2,805
Assistant Engineer $170 32 $5,440
Senior Engineering Technician $150 2 $300
Clerical $80 4 $320
Dynaflect Operator $500 12 $6,000
Coring Technician $400 14 $5,600
Lab Manager $170 3 $510
Lab Technician $110 15 $1,650
Dynaflect & Coring Crew Preparation $150 5 $750
Mobilization $3,820
Traffic Control $3,850
Additional Evaluation (Allowance) $5,000
Est. Total $36,045
Phase 2.2
Assistant Engineer $170 46 $7,820
Senior Engineering Technician $150 46 $6,900
Engineering Technician $135 46 $6,210
Est. Total $20,930
Phase 2.3
Assistant Engineer $170 8 $1,360
Geo -West - Monument Perpetuation Report (25 Streets) $10,063 Est. Total $11,423
Phase 2.4
Senior Principal Engineer $255 2 $510
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $5,630
TASK 3
Phase 3.1
Senior Principal Engineer $255 40 $10,200
Assistant Engineer $170 126 $21,420
Senior Engineering Technician $150 252 $37,800
Engineering Technician $135 252 $34,020
Est. Total $103,440
Phase 3.2
Senior Principal Engineer $255 12 $3,060
Assistant Engineer $170 20 $3,400
Senior Engineering Technician $150 20 $3,000
Est. Total $9,460
Phase 3.3
Senior Principal Engineer $255 6 $1,530
Assistant Engineer $170 20 $3,400
Utilitiy Locating Service $12,500
Potholing Service $25,000
Est. Total $42,430
Phase 3.4
Senior Principal Engineer $255 12 $3,060
Assistant Engineer $170 40 $6,800
Geo-West $20,000
Est. Total $29,860
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $255 1 $255
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,495
Estimated Number of Ramps 8
Est. Total $27,960
Phase 4.2
Senior Principal Engineer $255 1 $255
Assistant Engineer $170 2 $340
Senior Engineering Technician $150 2 $300
$895
Estimated Number of Ramps 71
Est. Total $63,545
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $255 4 $1,020
Assistant Engineer $170 4 $680
Est. Total $1,700
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $255 5 $1,275
Assistant Engineer $170 20 $3,400
Est. Total $4,675
Phase 6.2
Senior Principal Engineer $255 2 $510
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 12 $1,800
Est. Total $4,350
Total Estimated Project Fee:

Est. Total Per Ramp
Regular Ramps Quantities Only (~71 Ramps)
Est. Total Per Ramp
Construction Support
As-Built Drawings
$369,023
PLANS, SPECIFICATIONS and ESTIMATES
30%, 60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Topographic and Right of Way Survey (Allowance)
Complex Ramps with Topographic Survey (~8 Ramps)
(ESTIMATED PROJECT COST - $4.0 M)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (25 Streets) and ADA Ramp Assessments (97 Ramps) Monument Perpetuation
Concept Level Budget Analysis

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT MAINTENANCE - PHASE B
(ZONES 5C AND 5D)
CITY PROJECT NO. 2608
Exhibit A to Attachment 3

Staff Report
Date: November 8, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of the following for Residential Pavement Maintenance, Phase C (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $320,817.20 (base
agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road; and
(2) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $472,972.50 (base
agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618) located between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek.

For detailed locations see Attachment 1 to the staff report.

5.f5.f5.f5.f5.f5.f

City Council Agenda Report
Agenda Item No. 5.f
November 8, 2022
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement Maintenance, Phase C consists of Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) and Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618). The projects will rehabilitate pavement in three residential neighborhoods, for which the general locations for each zone are as follows (please see Attachment 1 for a detailed map):

Zone 1E: Located in easterly Concord, bounded by Ayers Road to the west and Kirker Pass Road to the east and between Concord Boulevard to the south and Myrtle Drive to the north, including Laurel Drive and surrounding streets.

Zone 1F: Located in easterly Concord, bounded by Ayers Road to the west and Kirker Pass Road to the east and between Concord Boulevard to the north and Mt. Diablo Creek to the south, including Olive Drive and surrounding streets.

Zone 1G: Located in easterly Concord, bounded by Heather Drive/Mt. Diablo Creek to the west and Ayers Road to the east and between Concord Boulevard to the north and Clayton Road to the south, including Olive Drive and surrounding streets north of Brazil Quarry Park and including Sutherland Drive and surrounding streets south of Brazil Quarry Park.

Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. After a competitive process, staff recommends HDR Engineering, Inc. (HDR) to provide design engineering services for Project Nos. 2606 & 2618. HDR has extensive experience in the design of pavement improvement projects.

Recommended Action

1. Approve an Agreement for Professional Services with HDR Engineering, Inc. in the not-to-exceed amount of $320,817.20 (base agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for the Pavement Maintenance - Zone 1G (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

2. Approve an Agreement for Professional Services with HDR Engineering, Inc. in the not-to-exceed amount of $472,972.50 (base agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for the Pavement Maintenance - Zones 1E & 1F (Project No. 2618) located between Ayers Road and Kirker Pass Road and

City Council Agenda Report
Agenda Item No. 5.f
November 8, 2022
between Myrtle Drive and Mt. Diablo Creek; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

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

The projects will rehabilitate pavement in three residential neighborhoods and two arterial roads and will begin construction in May 2024. Work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration.

On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021 with a mid- cycle update, which included funding the design of the following two projects under Residential Pavement Design, Phase C:
 Pavement Maintenance – Zone 1G and Ayers Road (Project No. 2606) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 1G and a portion of the arterial Ayers Road from Clayton Road to Myrtle Drive (excluding sections outside the City of Concord’s city limits). Treatments such as cape seals, Thin Maintenance Overlay (TMO), mill and paves, potential full-depth repair and cold in-place recycling, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $734,000 of 2021 Debt Issuance Measure V funds (Fund 407) and funded for Fiscal Year 2023-24 with $2,185,000 of 2021 Debt Issuance Measure V funds (Fund 407) and $1,000,000 of Measure V Projects (Fund 490) fund.  Pavement Maintenance – Zone 1E & 1F and Concord Boulevard (Project No. 2618) will focus on pavement treatments in residential areas in Pavement Maintenance Zone 1E and Pavement Maintenance Zone 1F and a portion of the arterial Concord Boulevard from Bailey Road to the city limits at the City of Clayton. Treatments such as cape seals, Thin Maintenance Overlay (TMO), mill and paves, potential full-depth repair and cold in-place recycling, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $8,915,503 of 2021 Debt Issuance Measure V funds (Fund 407).

Analysis
Recognizing the unique funding opportunity provided by the Measure V Investment Plan, staff recommended prioritizing the design of residential pavement maintenance projects in all three paving zones and two arterial roads to facilitate construction ahead of the scheduled years as identified in the Five-Year Pavement Expenditure Plan (5- Year Plan). According to the 5-Year Plan, only neighborhood 1-G and Ayers Road was

City Council Agenda Report
Agenda Item No. 5.f
November 8, 2022
programmed for funding in Year 3. However, to accelerate the investment of Measure V into pavement rehabilitation and begin construction two years earlier, the neighborhoods 1E and 1F and Concord Boulevard were all advanced from Year 5 to be immediately funded for design.

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

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

The preliminary schedule calls for design to begin in December 2022 and to be completed in November 2023. Following design, staff will advertise for construction bids. Construction is anticipated for April 2024.

Procurement Process
Staff issued a Request for Proposal (RFP) for design engineering and related services on September 2, 2022, for Residential Pavement Maintenance, Phase C (Project Nos. 2606 & 2618). The RFP was advertised in the local newspaper and the City’s Procurement Website. Four proposals were received, which were reviewed and ranked by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, HDR Engineering Inc. (HDR) was selected as the most qualified firm to provide design engineering and related services for Residential Pavement Maintenance, Phase C (Project Nos. 2606 & 2618). City staff and HDR negotiated the scope of work, and cost for the services, and agreed upon a combined $721,627 as fair and reasonable compensation for the services needed to complete the design phase of the various projects.

Staff is considering combining projects in a single construction contract in order to attract contractors who prefer to bid in larger projects and benefit from economies of scale.

Financial Impact
There are enough funds in the budget for the design phase of Residential Pavement Maintenance, Phase C (Project Nos. 2606 & 2618). The projects will consist of the following funds during the design phase:
 Pavement Maintenance – Zone 1G and Ayers Road (Project No. 2606)

City Council Agenda Report
Agenda Item No. 5.f
November 8, 2022
o 2021 Debt Issuance Measure V funds (Fund 407)
o Measure V Projects (Fund 490)
 Pavement Maintenance – Zone 1E & 1F and Concord Boulevard (Project No. 2618)
o 2021 Debt Issuance Measure V funds (Fund 407)
For Project No. 2606, funds for design are currently available, however funding for construction will not be available until Fiscal Year 2023-24. For Project No. 2618, funds for design and construction are currently available.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

2. Professional Services Agreement with HDR Engineering Inc. for Pavement Maintenance – Zone 1G and Ayers Road (Project No. 2606), with Exhibit A, Fee Estimate

3. Professional Services Agreement with HDR Engineering Inc. for Pavement Maintenance – Zone 1E & 1F and Concord Boulevard (Project No. 2618), with Exhibit A – Fee Estimate

Attachment 1
Project Location Map
Residential Pavement Maintenance – Phase C
City Project Nos. 2606 & 2618
PJ 2606
PJ 2618

Project Location Map
Pavement Maintenance ‐ Zone 1G ‐ Project No. 2606

Project Location Map
Pavement Maintenance ‐ Zones 1E & 1F ‐ Project No. 2618

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 – Zone 1G and Ayers Road, Project No. 2606 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 three hundred twenty thousand eight-hundred seventeen dollars and twenty cents ($320,817.20) for the term of this Agreement. The total includes the sum of the base contract of two hundred ninety-one thousand six hundred fifty-two dollars ($291,652.00) and a 10% contingency of twenty-nine thousand one- hundred sixty-five dollars and twenty cents ($29,165.20). 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 2

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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 $320,817.20
Account Code: 4079500C999-74500 / 4072618113-74500
Finance Director's Signature

ResidenƟal Pavement Maintenance – Phase C
City Project Nos. 2606
City of Concord
Work‐Hour and Fee Estimate for HDR Team
October 21, 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 42 0 12 24 60 3,424$   5,303$                  873$   9,599$

1.2 Project  Kickoff Meeting and Initial Site Visit 44 8 600$   929$   153$   60$   1,742$

1.3 Technical  Review Workshop Meetings 44 8 600$   929$   153$   1,682$

1.4 Monthly  Meetings 4 4 345$   534$   88$   966$

1.5 Quality  Control 46 5 15 1,241$   1,922$                  316$   3,480$ 83 8 13 12
24 95 6,209$ 9,616$ 1,583$ ‐$ 60$ 17,468$ 2 PUBLIC OUTREACH AND PERMITTING

2.1 Public  Outreach 1 666 19 1,271$   1,968$                  324$   225$   3,787$

2.2 Environmental  Determination Assistance 1 244 11 709$   1,097$                  181$   1,987$ 28 10 10 30 1,979$ 3,065$ 504$ ‐$ 225$ 5,774$ 3 SITE INVESTIGATION

3.1 Topographic  Survey and Mapping 244 10 607$   940$   155$   1,261$                  2,963$

3.2 Monument  Research and Location 22 4 300$   464$   76$   454$   1,295$

3. 3 Field  Reconnaissance and Investigation 46 1 6 1 6 42 2,118$   3,281$                  540$   200$   6,139$

3.4 Traffic  Counts and Traffic Index Analysis 16 16 907$   1,404$                  231$   50$   2,592$

3.5 Traffic  Analysis (Signage and Striping) 8 8 677$   1,049$                  173$   1,899$ 8 12 20 16 8 16 80 4,609$ 7,139$ 1,175$ 1,765$ 200$ 14,888$ 4 Potholing

4.1 Potholing 22 18 22 1,056$   1,635$                  269$   620$   3,580$ 22 18 22 1,056$ 1,635$ 269$ 620$ ‐$ 3, 580$
5 Utility Investigations

5.1 Utility  Investigations 22 32 36 1,644$   2,546$                  419$   150$   4,759$ 22 32 36 1,644$ 2,546$ 419$ ‐$ 150$ 4,759$ 6 Pavement Analysis

6.1 Pavement  Field Investigation, Coring and R‐Value 2 2 15 27 2 1 49 2,316$   3,586$                  590$   800$   500$   7,792$

6.2 Pavement  Assessment (Basis of Design) Report 3 3 26 43 3 1 79 3,746$   5,802$                  955$   10,502$

6.3 Deflection  Testing  (Optional) 26 8 500$   774$   127$   1,500$                  2,902$ 75 47
70 3221 36 6 ,561$ 10,162$ 1,672$ 2,300$ 500$ 21,196$ 7 30% Preliminary Design and Estimate

7.1 35%  Preliminary Plans 62 5 4 7 1 10 1 26 314 15,947$   24,699$                4,065$                  44,711$

7.2 35%  Preliminary Estimate 42 10 16 995$   1,541$                  254$   2,790$ 10 27 47 120 126 330 16,942$ 26,240$ 4,318$ ‐$ ‐$ 47,501$ 8 60% Design PS&E Submittal

8.1 60%  Design Plans 6 1 96 37 9 1 0 3 270 14,092$   21,825$                3,592$                  39,509$

8.2 60%  Specifications 41 0 14 982$   1,522$                  250$   2,755$

8.3 60%  Estimate 21
0 12 622$   963$   158$   1,743$

8.4 Response  to Preliminary Design Comments 112 4 240$   371$   61$   672$ 6 2 67 49 1 1 0 3 300 15,936$ 24,681$ 4,062$ ‐$ ‐$ 44,679$ 9 90% Design PS&E Submittal

9.1 90%  Design Plans 6 1 95 55 57 9 214 11,495$   17,803$                2,930$                  32,228$

9.2 90%  Specifications 46 10 727$   1,127$                  185$   2,039$

9.3 90%  Estimate 226 10 570$   882$   145$   1,597$

9.4 Constructability  Review 46 10 922$   1,428$                  235$   2,586$

9.5 Response to 60% Design Comments 1124 8 408$   632$   104$   1,143$ 4 6 32 64 63 83 252 14,122$ 21,872$ 3,599$ ‐$ ‐$ 39,593$ 10 100% Design PS&E Submittal

10.1 100%  Design Plans 4 8 13 16 32 32 105 6,075$   9,408$                  1,548$                  17,031$

10.2 100%  Specifications 45 9 664$   1,028$                  169$   1,860$

10.3 100%  Estimate 144 9 521$   807$   133$   1,461$

10.4 Response  to 90% Design Co
mments 112 4 240 $   371$   61$   672$
4 8 19 26 38 32 127 7,499$ 11,615$ 1,911$ ‐$ ‐$ 21,025$ 11 Final Design PS&E Submittal

11.1 Final  Design Plans 2256 1 3 1 6 44 2,459$   3,809$                  627$   60$   6,954$

11.2 Final  Specifications 12 4 7 529$   819$   135$   1,483$

11.3 Final  Estimate 1 112 5 341$   528$   87$   957$

11.4 Final  Response to Design Comments 112 4 240$   371$   61$   672$ 4 2 9 12
17 16 60 3,569$ 5,527$ 910$ ‐$ 60$ 10,066$ 12 Bidding and Construction Support

12.1 Bidding  Support 2 444 14 982$   1,521$                  250$   2,754$

12.2 Construction  Support 21 9 6 16 43 2,941$   4,556$                  750$   150$   8,397$

12.3 Record  Drawings 26 16 24 1,114$   1,725$                  284$   3,123$ 4 2 51 02 61 6 81 5,037$ 7,802$ 1,284$ ‐$ 150$ 14,273$ 26 32 196 272 385 442 7 5 47 70 8 16 3 14 26 1549 85,164$ 131,902$ 21,707$ 4,685$ 1,345$ 244,802$ 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 2

ResidenƟal Pavement Maintenance – Phase C
City Project Nos. 2606
City of Concord
Work‐Hour and Fee Estimate for HDR Team
October 21, 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‐Val
ue

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 Pla
ns

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
‐$                    ‐ $                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    60 9,599$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    81 ,742$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    81 ,682$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    49 66$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    15 3,480$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 95 17,468$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    19 3,787$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    11 1,987$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 30 5,774$ 12,608$              12,608$             ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    10 15,571$ 4,542$                4,542$               ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    45 ,837$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    42 6,139$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    500$                   500$                   16 3,092$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    81 ,899$ 17,150$ 17,150$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 500$ 500$ 80 32,538$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    6,200$                6,200$               ‐$                    ‐$                    22 9,780$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 6,200$ 6,200$ ‐$ ‐$ 22 9,780$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    36 4,759$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 36 4,759$ ‐$                    ‐$                    8,000$                8,000$               ‐$                    ‐$                    ‐$                    ‐$                    49 15,792$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    79 10,502$ ‐$                    ‐$                    ‐$                    ‐$                    15,000$              15,000$             ‐$                    ‐$                    ‐$                    81 7,902$ ‐$ ‐$ 8,000$ 8,000$ 15,000$ 15,000$ ‐$ ‐$ ‐$ ‐$ 136 44,196$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    314 44,711$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    16 2,790$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 330 47,501$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    270 39,509$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    14 2,755$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    12 1,743$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    46 72$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 300 44,679$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    214 32,228$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    10 2,039$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    10 1,597$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    10 2,586$ ‐$
‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    81 ,143$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 252 39,593$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    105 17,031$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    91 ,860$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    91 ,461$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    46 72$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 127 21,025$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    44 6,954$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    71 ,483$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    59 57$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    46 72$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 60 10,066$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    14 2,754$ ‐$
‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    43 8,397$ ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    ‐$                    24 3,123$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 81 14,273$ 17,150$ 17,150 $ 8,000 $ 8,000 $ 15,000 $ 15,000 $ 6,200 $ 6,200 $ 500 $ 500 $ 1549 291,652 $ 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 Total
291,652$
Labor Cost Total

TOTALS BY TASK
Team
LCC

TOTALS BY TASK
CostHours
Pavement Cores

TOTALS BY TASK