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28 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 Agreemen t. 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 cov enants 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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28 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, offici als, 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 Agree ment 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 no tice, 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 suspensi on 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 Agr eement 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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28 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. Suc h 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 Ma terials 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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28 or subcontractor without the express written consent of the C ITY. 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 pe rformance 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 wi th 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 d istancing, 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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28 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 th e 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 purpos e 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 ma tter 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 C ITY'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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28 power to bind or commit the CITY to any decision.
23. FINANCIAL RE CORDS. 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: Mike Hagerty
Consor North America, Inc.
2950 Buskirk Avenue, #122
Walnut Creek, CA 94597
Phone: (925) 200-9898
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 been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce
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28 or account for more than one such counterpart.
27. PROJECT STABILIZATION AGREEMENT . On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).
Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT ac knowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.
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28 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: Mike Hagerty Name: Valerie Barone
Title: Regional Director Title City Manager
Address: 2950 Buskirk Avenue, #122 Address: 1950 Parkside Drive Walnut Creek, CA 94597 Concord, CA 94519
Telephone: (925) 200-9898 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2023
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _____________________________, 2023
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $363,312.48
Account Code: 4079500C999-74250 / 4072582117-74250
Finance Director's Signature
CITY OF CONCORD, CALIFORNIA
Meadow Lane/ Market Street
Paving, City Project No. 2582
Proposal for Construction Management and Material Testing December 1, 2022
Exhibit A to Attachment 2
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n i Section Title
1. T ABLE OF CONTENTS This page
2. CO VER LETTER Follows
(Includes Conflict of Interest Statement)
3. PROFESSIONAL EXPERIENCE 1
4. PROJECT TEAM EXPERIENCE 6
5. CONSUL TANT’S PROPOSED APPROACH TO THE
SCOPE OF WORK AND PROJECT UNDERSTANDING 12
6. FEE 20
( Fee proposal provided in separately sealed envelope)
LITIGATION STATEMENT 20
1. Table of Contents
www.consoreng.com
2950 Buskirk Avenue, Suite #122
Walnut Creek, CA 94597
925.939.7100
December 1, 2022
Ms. Justine Gee, PE
City of Concord, Community Development Department
Engineering Services Division - CIP
1950 Parkside Drive, M/S 40
Concord, CA 94519
RE: Proposal to Provide Construction Management and Material T esting for Meadow Lane/Market Street Paving, City Project No. 2582 Dear Ms. Gee,
As the City of Concord Community Development Department (City) positions for a busy 2022 construction season, they are seeking consultant partners to successfully deliver a number of public infrastructure improvements. One such project is the Meadow Lane and Market Street Pavement Project. Construction includes ADA Curb Ramps, HMA base repairs, RHMA, and Thin Layer HMA overlay. Implementing the construction phase will require a construction management (CM) consultant with a keen understanding of unique project risks and challenges coupled with a track record of success in mitigating similar issues on recent projects. Consor has assembled a team to meet the City’s needs with familiar faces who will partner with you to safely and consistently deliver high quality projects to your stakeholders.
Who We Are. In 2021, Quincy Engineering, a firm headquartered in Northern California for over 30 years, and well-known and respected for our transportation engineering design and construction management services, joined forces with Consor. We’re thrilled to introduce the City to our refreshed brand we’ve built together. After three decades serving communities in California under the Quincy name, we’re proud to see our legacy live on and grow at Consor. Our name may have changed, but our local team is still dedicated to providing the same outstanding service the region has come to know and trust. As Consor, we can now call on an even larger pool of expertise from our 1,500+ professionals across the nation.
Locally, we have provided infrastructure design and construction management services for over 100 towns, cites, counties, and agencies throughout California. We have specialized in local, state, and federally funded transportation projects. We are proud of the services we provide to deliver these projects through construction and will bring the highest level of service to the City.
Primary location from
which the Consor team
will complete work
associated with this
project:
2950 Buskirk Avenue, #122
Walnut Creek, CA 94597
Primary Contact/
Authorized Representative:
MIKE HAGERTY , PE, QSD
Regional Director of
Construction Management
2950 Buskirk Avenue, #122
Walnut Creek, CA 94597
p: 925.200.9898
e: mike.hagerty@
consoreng.com
Mike is authorized to
represent the firm with
respect to all notices,
negotiations, discussions,
and other communication
relating to this proposal.
We acknowledge receipt of
Addenda 1 & 2.
Required Statements:
Consor and RMA Group
do not have any conflicts
of interest that would
keep any of these firms
from fulfilling our service
commitment to this
contract. Consor and its
subconsultant, RMA Group,
are willing to be bound by
the project stabilization
agreement.
2. Cover Letter
www.consoreng.com
2950 Buskirk Avenue, Suite #122
Walnut Creek, CA 94597
925.939.7100
A Locally Experienced Construction Management Team. Mike Hagerty (Principal-in-Charge/ Construction Manager) has worked on City projects for the last five years. Russ Moore (Resident Engineer) has worked with the City of Concord since 1990 including his recent assignment as the resident engineer on the Zone 3 Pavement Maintenance Project as well as the Downtown Sewer Upgrade and Streetscape Phase 3B project. Our local office, conveniently situated on the Concord- Walnut Creek border, will expedite quick and efficient responses to City requests. We know your process, and are familiar with City format for pre-construction conferences, pay estimates, weekly progress meetings, change orders, and project closeout.
A Proactive and Responsive Team. Each of our construction engineers and inspectors has a demonstrated history of working with the latest federal, state, and local criteria and methods for the design and construction of new roads, bridges, drainage systems, bikeways, trails, and retaining walls.
Our construction management team specializes in the administration of publicly funded projects and has a strong understanding of the requirements of the Caltrans Local Assistance Procedures Manual (LAPM). Our reputation for providing exceptional construction management and inspection services for roadway and bridge projects has been earned by meeting Local Agency, Caltrans, and FHWA standards and practices.
Consor and our subconsultant, RMA Group—the same team as the Downtown Sewer Upgrade and Streetscape Phase 3B project and the Zone 3 Pavement Maintenance project—are willing to be bound by the project stabilization agreement (PSA). The firms do not have any conflicts of interest that would keep us from fulfilling our service commitment to this contract. Please refer to page 20 of this proposal for a brief statement on our firms’ litigation history within the last ten years.
Sincerely,
Consor North America, Inc.
Mike Hagerty, PE, QSD
Regional Director of Construction Management
(Authorized to bind the firm)
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 1
3. Professional Experience
who we are
In 2021, Quincy merged with Consor Engineers and as
of October 2022, we have adopted the Consor brand
NEAREST OFFICE LOCATION
2950 Buskirk Avenue, Suite #122
Walnut Creek, CA 94597
1500
400
FIRM SIZE
total staff
West region
staff
1992
a better experience—and
better for the experience
West Region
Offices
99%
of our work
is for public
agencies
since
21 Consor Firm Background
Consor is a North American transportation
infrastructure and water consulting firm
offering planning, engineering design, structural
assessment, and construction services. Our
diverse team of experts live and work alongside
clients, providing thoughtful solutions to create
inspiring communities together. People choose
Consor because they know they will get a better
experience—and be better for the experience—
whether they’re a teammate, a client, or a partner.
Consor’s Construction
Management Team
Driven to deliver excellent results with a fresh
perspective, Consor’s construction management
staff have developed standardized procedures
that are systematically proven in the field and
continuously updated to reflect changes in
federal, state, and local public contracting law
and regional trends in the construction industry.
Many of us bring a strong technical background,
allowing our construction management teams
to make engineering judgments and collaborate
with the design Engineer of Record (EOR) in
the event design changes become necessary.
We monitor and manage projects, from pre-
construction through closeout, with resources
and tools tailored to meet the unique demands
of each client and project.
Consor’s California team, formerly known
as Quincy Engineering, has been providing
top-quality construction management
and inspection, contract administration,
and construction engineering services for
more than
three decades. By consistently
providing value—expediting schedules to
tackle emergency repairs, facilitating minimal
disruption to essential traffic arteries, mitigating
environmental impacts, and identifying cost
savings through efficient management to name
a few examples—we’ve earned a reputation as a
preferred partner.
Our team’s deep understanding of California
agency regulations, funding considerations,
specifications, and preferred practices allows us
to hit the ground running from day one. Our core
team members based in Walnut Creek, along
with our 20+ full-time regional resident engineers
(REs), structures representatives, office engineers
(OEs), and inspectors, have spent their careers
working on Northern California bridge, road, and
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 2 construction projects. Our team is very familiar with the specific requirements of the City of Concord, having recently completed several projects for the City. Additionally, our team has comprehensive experience with local utility agencies, Caltrans highway construction policies, stormwater and environmental compliance procedures, as well as extensive knowledge of the Caltrans Standard Specifications. As demonstrated throughout our proposal, you will see that Consor’s procedures and processes are established specifically to meet your project guidelines.
Our project team has garnered a reputation for providing quality work and adding value to communities throughout the Bay Area and Northern California. Many of our projects come to us through clients’ quick turnaround needs for quality engineering and construction management expertise. Our local team is now supported by Consor’s nationwide presence of 1,500 engineers, inspectors, and construction professionals bringing a large array of transportation and infrastructure project experience.
Relevant Project Experience
The projects on the following pages are similar in scope to the City’s Meadow Lane and Market Street Paving Project and highlight our team’s work experience with the City of Concord and surrounding local agencies on pavement maintenance and utility projects. These projects best characterize our team’s capabilities within the last five years.
Downtown Sewer Upgrade & Streetscape Phase 3B City of Concord, CA Consor provided construction management and
inspection services for this $2.1 million sanitary
sewer rehabilitation and microsurfacing project.
Key work on this project called for upgrading the
sanitary sewer systems through open cut, cured-
in-place pipe, and pipe bursting methods. This
project also involved the rehabilitation of several
manholes, installation of new curb ramps, and
base repairs and microsurfacing several streets.
All this work took place in the busy downtown
Concord area and required extensive review and
careful implementation of the traffic control plans.
Successes: The project was substantially
completed one month ahead of schedule, which
helped reduce impacts to the traveling public and
adjacent properties and businesses. Additionally,
daytime traffic along Galindo Street was kept
moving during daytime hours without accident or
incident.
CONTACT:
Ali Hatefi, Senior Civil Engineer
City of Martinez (formerly City of Concord)
p: 925.372.3562
e: [email protected]
TIMEFRAME:
• March 2021 - November 2021
RELEVANCE TO CITY OF CONCORD
PAVEMENT PROJECT:
• ADA curb ramp installation and traffic
control within the City of Concord
• Coordinating with similar project stakeholders
such as the City PM, City Traffic Lead, and Utility
Agency contacts including CCWD and PG&E
PROJECT STAFF:
• Russ Moore
• Mike Hagerty
• Joe Lockwood
• RMA Group
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 3 Zone 3 Pavement Maintenance Project
City of Concord, CA
The Zone 3 Pavement Maintenance Project
was a roadway rehabilitation and ADA upgrade
improvement project for the City of Concord in
a residential neighborhood on the east side of
town. Work included ADA ramp and sidewalk
improvements to bring the right-of-way up to
current ADA standards, as well as pavement
rehabilitation to extend the pavement life, by way
of base repairs, mill-and-fill, and thin maintenance
overlays. The project also included improvements
to striping and signing to make driving, biking,
and walking through the neighborhood safer. A
total of 26 streets were resurfaced including 24
cul-de-sacs that required close coordination for
resident access and tight inspection to smooth
out the finish pavement surface while paving and
rolling in circular patterns.
Successes: We rescheduled work in front of an
elementary school that was originally planned as
weekday work and moved that to a Saturday so
that impacts on student access to the school and
noise during school hours was eliminated.
We discovered an abandoned water well in one
of the streets as we were approaching the end of
the construction schedule. Our team was able to
obtain a County Health Department permit and
schedule a subcontractor to abandon the well and
still keep the project completion date on schedule.
Even with ten contract change orders, the final
construction cost was 1% less than the bid amount
and the work was completed on time.
CONTACT:
Kevin Wheat, Associate Civil Engineer
City of Concord
p: 925.671.1372
e: [email protected]
TIMEFRAME:
• March 2022 - September 2022
RELEVANCE TO CITY OF CONCORD
PAVEMENT PROJECT:
• ADA curb ramp installation and traffic
control within the City of Concord
• Coordinating with similar project stakeholders
such as the City PM, City Traffic Lead, and
residents, City Arborist, Public Works staff,
CCWD and the County Health Department
PROJECT STAFF:
• Russ Moore
• Mike Hagerty
• Joe Lockwood
• RMA Group
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 4 Task Orders 6, 11, 12, 14, 16, 19, 23, 26, and 30 On-Call Inspection Services County of Santa Cruz, CA
Consor was responsible for the inspection of 26
projects with a total construction value of $16.7
million. Typical construction scopes included road
widening and pavement overlays, soldier pile, tie-
back retaining walls, storm culvert replacements,
utility relocations, hydro-seeding, and signing
and striping. Roads included Bear Creek, Jamison
Creek, East Zayante, Old Bear Creek, Vine Hill,
Hopkins Gulch, Valencia, Alba, Hubbard Gulch, and
Two Bar. Consor delivered four inspectors to work
from Spring 2020 through project’s completion
in the spring of 2022. Due to the CZU wildfire
of August 2020, the County extended Consor’s
work to include two additional roads for culvert
replacements and two phases of site work on a
wastewater treatment plant that was damaged by
the fire.
By assigning inspectors to projects within
close proximity of each other, Consor used one
inspector to cover two projects simultaneously.
On the Bear Creek Road project, which included
the construction of three soldier pile retaining
walls, the project was completed in 60% of the
contract time and on budget. On the Hopkins
Gulch project, the Homeowners Association sent
a letter commending Consor’s inspector for his
helpfulness and professionalism on site. Due
to Consor’s good work and responsiveness, the
CONTACT:
Carisa Duran, Construction Manager
County of Santa Cruz
p: 831.477.3955
e: [email protected]
TIMEFRAME:
• Spring 2020 - current
RELEVANCE TO CITY OF CONCORD
PAVEMENT PROJECT:
• Pavement restoration
• Challenging traffic control requirements
PROJECT STAFF:
County awarded Consor four no-compete task
orders to work on emergency repair projects
caused by the CZU wildfire.
BEAR CREEK ROAD PM 4.99, 7.00, AND 7.26, AND
BEAR CREEK ROAD PM 1.71 EMERGENCY REPAIR
— The first three sites involved construction of
soldier pile walls, guardrail, roadway, drainage
improvements, erosion control, and vegetation.
For the emergency repair project, it involved
construction of one soldier pile wall with ground
anchors, guardrail, roadwork, drainage, erosion
control, and revegetation. The emergency
construction contract was paid at Force Account
and required that our inspector perform close
tracking of hours, equipment, personnel, and
materials on a daily basis.
HOPKINS GULCH AND VINE HILL ROAD — This
project involved construction of a soldier
pile wall, guardrail, roadway repairs, drainage
improvements, erosion control, and revegetation.
Hopkins Gulch Road is very narrow, which made
construction challenging while keeping traffic
flowing through the work zone.
FELTON ROADWAY REPAIR — Felton Empire
Road was a public safety improvement project
that involved constructing two new soldier pile
walls, each approximately 60-feet long, with new
guardrail.
• Russ Moore
• Joe Lockwood
• Omar Plata
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 5 Fred Jackson Way First Mile/Last Mile Connection Project Contra Costa County, CA
The Fred Jackson Way project is a streetscape
project in San Pablo from Grove Avenue to
Brookside Drive that is using staged construction
to reconstruct the roadway, sidewalk, driveway,
and curb ramps on both sides of Fred Jackson Way.
Fred Jackson Way is often used as a convenient
detour for commuters when Richmond Parkway
becomes congested. This project will improve
pedestrian and bicycle safety along this section.
Key work includes the complete reconstruction of
sidewalk, driveways, ADA curb ramps, half-width
reconstruction for a portion of the roadway, and a
slurry seal applied to the remaining section.
Successes: The Fred Jackson Way Project
CONTACT:
Adelina Huerta, Design & Construction
Manager, Contra Costa County
p: 925.313.2305
e: [email protected]
TIMEFRAME:
• May 2021 - December 2022
RELEVANCE TO CITY OF CONCORD
PAVEMENT PROJECT:
• Pavement renovation, dig outs
• Curb, gutter, and curb ramp installation
PROJECT STAFF:
• Mike Hagerty
• Joe Lockwood
Coyote Hills Restoration and Public Access Project, East Bay Regional Park District, Fremont, CA
The Coyote Hills Restoration and Public Access
Project, in Fremont, will add 300 acres of public
parkland to Coyote Hills Regional Park. The project
will restore approximately 170 acres of habitat
including oak savanna, marshlands, and seasonal
wetlands. Key work includes habitat restoration,
public access, ADA trails, visitor facilities,
trailside wildlife viewing, and planting of native
ecology. Installation of new water, sewer, power,
and communication utilities for the added park
facilities is also included.
Successes: The Coyote Hills Regional Park
Restoration and Public Access Project included
the planting of 1,795 native trees and over 3 miles
new ADA trails. Because of various differing site
CONTACT:
Karla Jean Meyers, Project Coordinator
East Bay Regional Park District
p: 510.544.2622
e: [email protected]
TIMEFRAME:
• February 2022 - December 2022
RELEVANCE TO CITY OF CONCORD
PAVEMENT PROJECT:
• HMA paving, utility installation, curb, gutter, and
sidewalk installation. ADA curb ramp installation
PROJECT STAFF:
conditions, the designer provided more than 10
plan revisions to the CM team during the course of
the project. The Consor team worked closely with
the contractor to ensure all these changes were
appropriately integrated into the project, requiring
constant communication and excellent
document
control from the team.
constructed a significant amount of new ADA
sidewalks and bulbouts. The project team worked
diligently to review field conditions and adjust
concrete grades to conform the existing conditions
to ADA standards.• Mike Hagerty • Omar Plata
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 6 Russ Moore, our Resident Engineer (RE), brings a
wealth of construction management best practices,
ADA ramp construction, utility coordination, and
paving experience. Russ is very familiar with the
City of Concord, having recently completed the
Zone 3 Pavement Maintenance and Downtown
Sewer and Streetscape Phase 3B projects. Mike
Hagerty will head our team in the Principal-in-
Charge (PIC)/Construction Manager role, cementing
our dedication of the resources required. To support
efficiency and cost-effectiveness, Omar Plata will
support Russ by leading tasks including submittal
review, progress payments, and change order
management. Joe Lockwood will provide our team
with a full-time field presence, leading the daily
construction inspection, tracking the quality and
quantity of materials, and communicating closely
with Mike, Russ, Omar, and the contractor.
Strengthening our team is our materials testing
subconsultant RMA Group, Inc. With a long history
of working with Brian Haber and his team, we are
confident in their ability to oversee the testing and
source inspection program.
RMA Group, Inc. - Quality
Assurance, Inspection, and
Material Testing
Established in 1962, RMA Group (RMA) is
a California corporation with professional
offices and laboratory facilities in six locations
spread across the state, including a facility
in Concord. RMA's inspectors and technicians
are highly qualified to perform all aspects of
construction inspection and materials testing.
They are experienced, cross-trained, and hold
multiple certifications including ICC, ACI, AWS,
ASNT, OSHPD, DSA, and NICET, as well as more
than 500 individual Caltrans certifications,
allowing them to inspect diverse elements of
construction projects simultaneously. This
enables RMA to provide inspection services for
projects in a highly efficient manner, reducing
the overall cost of inspection and testing
programs for clients.
CONSTRUCTION MANAGEMENT TEAM
Justine Gee, PE
PROJECT MANAGER
Construction Inspector
Joe Lockwood
Office Engineer
Omar Plata, PE
Quality Assurance,
Inspection and
Material Testing
RMA Group, Inc.
Brian Haber
Mike Hagerty, PE, QSD
PRINCIPAL-IN-CHARGE &
CONSTRUCTION MANAGER
Russ Moore, PE
RESIDENT ENGINEER
4. Project Team Experience
A successful project is founded upon a team of staff that operate collaboratively and efficiently. Our staff are excited to be a part of this project that will improve their community and they have a desire to continue to partner with the City and contractor and the availability to execute this challenging project.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 7 MIKE HAGERTY, PE, QSD | Principal-in-Charge/Construction Manager Mike has extensive experience in construction management, inspection, and contract administration for both structures and roadway projects. He has provided contract administration and documentation in accordance with Caltrans and Federal requirements. He has significant project management and construction engineering experience, and extensive written and oral communication skills. His project experience includes local streets and roads, complete streets, ADA curb ramps, new traffic signals, and utility coordination as well as installation of electrical, water, sewer, and storm drainage. For pavement preservation, Mike is a resource for Asphalt-Rubber Aggregate Membrane (ARAM) cape seal, slurry seal, and micro seal, as well as HMA/RHMA paving that includes base repairs and overlays. Mike is also an experienced construction inspector for various transportation projects constructed to meet Caltrans standards.
EXPERIENCE
11 years
EDUCATION
BS, Civil Engineering,
University of
California, Davis
REGISTRATION
Professional Engineer,
CA #81426
Qualified Stormwater
Developer, CA
KEY EXPERTISE
Roadway, civil, and
structures construction
inspection
Claim management
Design, project plans
Constructability review
Utility coordination
Risk management
Value engineering
Contractor
communication (RFI,
CCO, submittal review)
CMP scheduling
Microsurfacing
emulsion
Thermoplastic
striping and pavement
markings
Traffic control
(CA MUTCD)
Pedestrian handling
Rubberized Hot Mix
Asphalt (RHMA)
ADA curb ramps
KEY PROJECT EXPERIENCE
ZONE 3 PAVEMENT MAINTENANCE PROJECT, CITY OF CONCORD, CA; Construction Manager/Project Manager. Mike served as the Project Manager on this $2.7M project that involved the construction of ADA ramps, sidewalk and curb repairs, dig-outs and pavement restoration, and signing and striping throughout a residential neighborhood in east Concord. The site has an elementary school and a high school within its limits, and Mike ensured the team worked closely with the schools to keep them informed of potential impacts. Mike monitored project budget and staffing to ensure appropriate resources were allocated to the project while maximizing the team’s value to the City. The project was delivered on time and within budget.
MEASURE Q PAVEMENT MAINTENANCE PROJECT #7 - ZONES 1 & 2, CITY OF CONCORD, CA; Project Manager. This project included an ARAM cape seal, Type 2 slurry seal, HMA repairs including skin patch, four-inch dig-outs and six-inch deep lift stabilization, and 64 ADA concrete curb ramps in the neighborhood around Silverwood Elementary School. The project site was located in a residential neighborhood with a significant amount of residents parking along the street, which required timely public notifications of upcoming work. The contractor was required to provide both two-week and 72-hour notifications prior to the start of work on a street detailing the upcoming work and the dates/tines of the closures. With the surface treatment and curb ramp replacement, this project required an extensive pedestrian and traffic control plan, including temporary pedestrian curb ramps, significant signage, and traffic flagging.
All concrete curb ramps were checked for compliance with ADA and Caltrans standards.
FRED JACKSON WAY FIRST MILE/LAST MILE CONNECTION PROJECT, CONTRA COSTA COUNTY, CA; Resident Engineer. The Fred Jackson Way project is a streetscape project from Grove Avenue to Brookside Drive that is using staged construction to reconstruct the roadway, sidewalk, driveway, and curb ramps on both sides of Fred Jackson Way. Fred Jackson Way is often used as a convenient detour for commuters when Richmond Parkway becomes congested. This project will improve pedestrian and bicycle safety along this section. Key work includes the complete reconstruction of sidewalk, driveways, ADA curb ramps, half-width reconstruction for a portion of the roadway, and a slurry seal applied to the remaining section.
Team Member Resumes
AVAILABILITY
20%
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 8 RUSS MOORE, PE, ENV SP, QSD, LEED AP | Resident Engineer Russ has more than 38 years of professional engineering experience in public works. He has held a variety of positions including project engineer, resident engineer, project manager, project director, and principal-in charge, with progressive responsibility for over 650 civil infrastructure projects including highway, bridge, street, storm drain, water, sewer, rail, parks, and site engineering.
Russ’s pavement rehabilitation experience, both on the design and construction side, has included projects for Concord
(including last summer’s Zone 3
Pavement Rehabilitation project), San Ramon, Brentwood, Danville, Livermore, Contra Costa County, Richmond, El Cerrito, San Pablo, Pittsburg, Lafayette, Pleasant Hill, Piedmont, Mill Valley, and San Rafael.
EXPERIENCE
38 years
EDUCATION
BS, Civil Engineering,
University of
California, Davis
REGISTRATION
Professional Engineer,
CA #44089
Envision
Sustainability
Professional
Credential
Qualified SWPPP
Developer, CA
LEED Accredited
Professional
OES Safety
Assessment Program
Certification, CA
KEY EXPERTISE
Pavement
rehabilitation
Engineering and
construction
management
Experience with
City of Concord
projects since 1990
ADA design and
construction
KEY PROJECT EXPERIENCE
ZONE 3 PAVEMENT MAINTENANCE PROJECT, CITY OF CONCORD, CA; Resident Engineer. Russ served as the Resident Engineer on this $2.7M project that involved the construction of ADA ramps, sidewalk and curb repairs, mill and fill HMA and Thin Maintenance Overlay pavement treatments, and signing and striping throughout this residential neighborhood in east Concord. The site has an elementary school and a high school within its limits, so Russ had to work closely with the school principals to keep them informed of potential impacts. Russ was responsible for the CM oversight of all work and coordinated with all the various stakeholders, ranging for the City project manager, to residents, City Public Works staff, school personnel, and utility agencies. Russ initiated a change order to perform sidewalk work in front of Woodside Elementary
on the weekend, which added a minor financial cost, but was a big savings in terms of eliminated inconvenience and enhanced public perception. Russ also worked closely with the County Health Department and an added subcontractor to demolish an existing water well that was unknown to the project until about 4 weeks before the construction was to be completed. Russ was able to get this added work mobilized and completed without needing to add any working days.
DOWNTOWN SEWER UPGRADE & STREETSCAPE PHASE 3B, CITY OF
CONCORD, CA; Construction Manager. Russ served as construction manager on this $3M project that involved sewer main and lateral upgrades, as well as manhole replacements, ADA upgrades, and street resurfacing in busy Downtown Concord. The sewer rehabilitation methods included CIPP lining, pipe bursting, and open trench installation and the use of bypass pumping.
The project included both day and night-time work. Russ was responsible for construction management oversight of sewer and street improvements, including daily review of inspection reports, progress payment applications, negotiations with contractor, and coordination with utilities. Russ also fronted public outreach with residents and shopkeepers on the busy corridors where the work took place, including coordination with Todos Santos Plaza business group and the Park n Shop business owners group. Russ coordinated the work with Harris & Associates, the project engineers.
ON-CALL ROAD AND BRIDGE PROJECTS CONSTRUCTION MANAGEMENT AND INSPECTION, COUNTY OF SAN MATEO, CA; Contract Manager. Russ served as contract manager on a variety of repair projects on County roads including the overlay of a heavily traveled street adjacent to SFO, the restoration of an asphalt bike/pedestrian trail and creek bank, a bridge rehabilitation, and a storm damaged road slip-out that was repaired with soldier pile tie-back wall. Each of the projects required close communication with the client and stakeholders, especially residents adjacent to the work.
All projects were completed on time and within budget, and the largest of the projects was completed 10% under budget for construction and 25% under the budget for our CM and inspection services.
AVAILABILITY
50%
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 9 JOE LOCKWOOD | Construction Inspector
With over 16 years of construction inspection experience, Joe has performed on multiple project sites simultaneously, coordinating with various teams, clients, stakeholders and utility agencies. He is familiar with underground utilities and systems, commercial and residential construction, pipeline rehabilitation project inspection, including trenchless technologies, nondestructive evaluation on pipes, storm drain, bridge, and road construction and inspection.
EXPERIENCE
16 years
EDUCATION
BA, Business
Administration,
University of Phoenix
CERTIFICATIONS
Certificate of
training ut-301:
advanced ultrasonic
flaw detection &
characterization
Updated certification of
ultrasonic level II: SNT-
TC-1A & CP-189, ASNT
CP-105 (shear wave)
Certification of
radiography- isotope,
ultrasonic testing,
magnetic particle
testing and liquid
penetrant testing
Ultrasonic testing
certificate level II:
SNTTC- 1A, NAS 410, ATA 105,
CP-189, MILSTD- 410E,
notice 2
Radiography-isotope
certificate level IIi:
SNTTC- 1A, NAS 410, ATA
105, CP-189, MILSTD-
410E, notice 2
Magnetic particle testing
Certificate level II: SNT-
TC-1A, NAS 410, ATA 105,
CP-189, MIL-STD-410E,
notice
Liquid penetrant testing
KEY PROJECT EXPERIENCE
ZONE 3 PAVEMENT MAINTENANCE, CITY OF CONCORD, CA; Inspector.
Joe was the primary on-site inspector for the duration of this project which involved the construction of ADA ramps, sidewalk and curb repairs, dig outs and pavement restoration, and signing and striping throughout a residential neighborhood in east Concord. Joe was a daily presence on the site and regularly communicated with local residents to provide updates and mitigate any concerns or potential complaints. At one location where a new curb ramp was to be installed, Joe closely coordinated with the resident to have their artificial turf partially removed and restored to allow for construction. The residents were very pleased with the outcome of the project and complimented Joe’s communication and professionalism.
DOWNTOWN SEWER UPGRADE & STREETSCAPE PHASE 3B, CITY OF
CONCORD, CA; Inspector. This project involved sewer main and lateral upgrades, as well as manhole replacements, ADA upgrades, and street resurfacing in busy Downtown Concord. The sewer rehabilitation methods included CIPP lining, pipe bursting, and open trench installation and the use of bypass pumping. The project included both day and night time work.
FRED JACKSON WAY FIRST MILE/LAST MILE CONNECTION PROJECT, CONTRA COSTA COUNTY, CA; Construction Inspector. The Fred Jackson Way project is a streetscape project from Grove Avenue to Brookside Drive that is using staged construction to reconstruct the roadway, sidewalk, driveway, and curb ramps on both sides of Fred Jackson Way. Fred Jackson Way is often used as a convenient detour for commuters when Richmond Parkway becomes congested. This project will improve pedestrian and bicycle safety along this section. Key work includes the complete reconstruction of sidewalk, driveways, ADA curb ramps, half-width reconstruction for a portion of the roadway, and a slurry seal applied to the remaining section.
SANTA CRUZ COUNTY VINE HILL ROAD, SCOTT’S VALLEY, CA; Inspector.
This project included the placement of 2,500 lane feet of type II slurry seal on top of the completed roadway repair work. Vine Hill road is a heavily trafficked roadway and is a common alternate route when highway 17 becomes congested and required significant traffic control. As the construction inspector Joe Lockwood reviewed all lane closures including one way reversing traffic control of the slurry seal operation, placement and curing of the type II slurry seal, thermoplastic striping and pavement markers placement.
KEY EXPERTISE:
• Pipeline work, including CIPP and pipe bursting sewer lines, structures, and equipment inspection
• Serving as a liaison between the public, client, construction teams, and inspection teams
• Evaluating and ensuring safety compliance
• Coordinating with local utilities and other stakeholders
AVAILABILITY
100%
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 10 OMAR PLATA, PE | Office Engineer
Omar brings four years of experience on a variety of projects including water/ wastewater infrastructure improvements and park/trail enhancements. Omar excels at developing sound technical solutions to the complex challenges clients face with construction. He is detail oriented and has experience coordinating with various design groups, and thoroughly enjoys becoming immersed in the plans and specifications of projects.
EXPERIENCE
4 years
EDUCATION
MS, Structural
Engineering,
University of
California, Irvine
BS, Civil Engineering,
San Francisco State
University
REGISTRATION
Professional Engineer
CA #94358
KEY PROJECT EXPERIENCE
COYOTE HILLS RESTORATION AND PUBLIC ACCESS PROJECT, EAST BAY REGIONAL PARK DISTRICT, FREMONT, CA; Assistant Construction Project Manager. Omar reviewed RFIs and submittals for this project that will improve pedestrian and bicycle access throughout the park. Key work includes wetland restoration, pathway construction, planting, three new bridge structures, and construction of a new parking lot, guardhouse, and restroom facility complete with EV charging stations.
IRVINGTON BASIN REINFORCED CONCRETE PIPE REHABILITATION PROJECT (TASK ORDER 1), UNION SANITARY DISTRICT, FREMONT, CA; Construction Inspector. Inspected trenching and potholing activities on this large diameter CIPP rehabilitation with complex sewer bypass necessary along multiple major thoroughfares in the city of Fremont, as well as in easements on private property located at Tesla Manufacturing, Delta Electronics. Force main repair included coordination for a shutdown and dewatering of more than 15 miles of force main, pipe repairs and valve replacements, and coordination for work adjacent to Union Pacific Rail Road and at a Cargill Salt Facility.
NEW ASSEMBLY AREA (WAREHOUSE, CLEANROOM, AND DRYROOM),
CEPHEID, LODI, CA; Staff Engineer. New assembly area consisting of warehouse, office, cleanroom, and dry room as stand-alone, self-supporting structures independent inside of new custom designed steel framed building. Attended team meetings to help coordinate progress and present structural implications to the design team. Reviewed geotechnical report and incorporated recommendations into overall project. Responded to requests for information and answered questions about design intent or about interpretation of the documents. Reviewed structural shop drawings, (submitted through, and checked by the general building contractor), for general compliance with the intent and requirements of the structural portion of the contract documents. Visited the construction site to observe the progress of construction and its general conformance to structural drawings and specifications. Reviewed reports from testing and inspection agencies to determine whether the agency verified compliance of the reported item of work with structural contract.
SEISMIC RETROFIT, EXISTING SEMICONDUCTOR MANUFACTURING
FACILITY, SANTA CLARA, CA; Staff Engineer. Seismic retrofit of stakeholder’s existing property. Determined what elements are designed by specialty engineers. Specified the type of element, position with structure, and connection to other elements of the primary structural system. Specified the loads and criteria for the use of specialty engineer’s design of the pre-engineered structural elements. Assisted in establishing testing and inspection requirements. Performed checking and coordination of the structural document.
AVAILABILITY
50%
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 11 BRIAN HABER, QSP | Quality Assurance, Inspection, and Materials Testing Brian has directly overseen more than $200 million of work on more than 75 individual projects that he has managed throughout his 17-year career. As a continuation of his work in the industry and since joining RMA Group, Brian has managed well over 100 projects to see that quality control and assurance needs are met. He brings a teaming and partnering approach to clients’ projects by aiding our clients and project teams in finding solutions when challenges arise.
EXPERIENCE
17 years
CERTIFICATIONS
California Contractor’s
License A
Designer/Manager
of Water Pollution
Control Programs
(WPCP) & SWPPP
KEY EXPERTISE
Pipe installation and
connections
New facilities for
water treatment
operations
Providing QC/
QA management
for complex and
extended project
completion
KEY PROJECT EXPERIENCE
DOWNTOWN SEWER UPGRADE & STREETSCAPE PHASE 3B PROJECT,
CONCORD, CA; Area Manager. RMA Group provided materials testing services for this sanitary sewer rehabilitation and micro surfacing project. Key work on this project included upgrading the sanitary sewer systems through open cut, cured-in-place pipe, and pipe bursting methods. The project also involved the rehabilitation of several manholes, installation of new curb ramps, and base repairs and microsurfacing several streets.
CIVIL & STATION IMPROVEMENTS FOR THE SANTA CLARA ALUM ROCK BRT PROJECT; VTA/BRT, SAN JOSE, CA; Area Manager. RMA Group is providing a quality control manager to the site and a full-time inspection team for site improvements including: private and public utility relocations; construction of embankment, drainage improvements, retaining walls, and sanitary sewer; and grading, drainage, and paving of streets and parking lots. Brian is providing oversight on operations supporting this project and is serving as a client resource, as needed, on various project tasks. RMA Group’s geotechnical engineer also performed a geotechnical investigation to prepare a report with recommendations for alternate structural sections for varying subbase and subgrade treatment options due to varying soil conditions at the site. Brian provided project oversight, resource coordination and ensured quality for this project. Additional inspections and testing included structural steel welding of transit kiosks/station structures and miscellaneous.
VAN NESS BOULEVARD BUS RAPID TRANSIT CORRIDOR; SFMTA/BART/ CALTRANS/MUNI, SAN FRANCISCO, CA; Area Manager. Brian is seeing that this project is provided with the necessary resources and personnel to take the project to completion. This project will construct a two-mile- long, mixed-use corridor with a center, dedicated busway route along a landscaped median, and northbound and southbound lanes for vehicular traffic. Streetscape improvements will include evenly paved roadway surfaces, sidewalk reconstruction with the inclusion of curb bulbs, curb ramps, and new landscaping, with public art installations to be made at a future date. To date, various task items are being completed on this extensive route including excavation and shoring work for sewer lines, trench backfill operations, and installation of overhead catenary systems, new station platforms, and new signal and street lighting.
AVAILABILITY
20%
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 12
5. Consultant' s Proposed Approach to the Scope
of Work and Project Understanding
KEY CHALLENGES
Public Outreach 1
2 3
Traffic Handling
Utility Coordination
Project Understanding
The Meadow Lane and Market Street Pavement Project is truly a unique paving rehabilitation project in that it covers a variety of roadway types. From a five-lane roadway with a highway offramp at Market Street, to a two-lane street with residences and then on to a seven-lane roadway section at Monument Boulevard, with bicycle facilities throughout, the project presents unique and specific challenges.
Additionally, the project includes almost 100,000 square feet of dig outs, which accounts for nearly 30% of the total paving area. The project also includes over 100 utility vault and manhole adjustments to grade which is quite extensive and poses its own specific challenges. The project also brings much needed bicycle and pedestrian safety upgrades to this busy thoroughfare.
The success of this project will hinge on the construction team’s understanding and implementation of solutions for:
h A robust public outreach program in the neighborhood, to the businesses, and to commuter traffic that use this route as an alternate when Highways 680 and 242 are congested. h Coordination of work for utility adjustments, including Contra Costa Water District, PG&E, AT&T, and Comcast.
h Thorough and well maintained traffic control in the area. Because of the heavy traffic, potential sight distance issues, the freeway offramp, large quantity of dig outs, and existing bicycle traffic, a robust and evolving traffic control plan will be required.
Russ, Joe, and Mike have the experience and expertise needed, and are motivated to work with the City to deliver this project. The Meadow Lane and Market Street Pavement project will pose challenges that our team has overcome previously and will address on this project by providing significant coordination and communication for residents, businesses, and the traveling public. We have made several site visits, reviewed the plans and specifications, and have identified the following challenges that we will address to make this project a success for the City.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 13 KEY CHALLENGE 1 Public Outreach
h Outreach to Residents and Businesses - The corridor
is a thoroughfare for a densely residential area both
along Meadow Lane and Market Street. Early and
vigorous outreach to residents is critical to preventing and handling potential issues. Additionally, the
Meadow Lane and Monument Boulevard intersection
(Four Corners) is a heavily commercial area with both
large shopping centers as well as small individual
businesses. Communicating and coordinating
necessary driveway closures early on will be critical to minimizing the impacts to these businesses.
h Outreach to Commuters - CMS Boards, Outreach to
commuters: Many people who do not live in the direct
vicinity use Meadow Lane/Market Street as an alternate
route between the Downtown and Monument corridors. CMS boards along the alignment provide a good warning prior to the start of work. Once the work has commenced, these boards are often in a location where it is too late for drivers to divert, or drivers are forced onto local residential streets. To prevent this, we recommend placing the signs on the major feeder streets to this alignment where drivers still have the option to take an alternate route, along Monument Boulevard, for example. h Communications Plan - Mitigating public concern and impacts will begin with a strong outreach program. The contractor will be responsible for drafting and distributing a project notification letter to all residences. The CM team and City will review this letter carefully for completeness and make recommendations to the contractor. Additionally, Russ, Omar, and Joe will talk with homeowners and businesses directly to establish relationships and provide an avenue to raise any project concerns to the team directly, reducing the City’s resources required for handling complaints and improving the project team’s response to issues.
KEY CHALLENGE 2 Traffic Handling
h The Meadow Lane and Market Street Project poses
unique traffic control challenges. This is a busy traffic corridor, not only during peak morning and evening
periods, but throughout the day. We observed that
vehicle traffic regularly exceeds the posted speed
limit of 35 MPH. Special care to advanced warning and
signage will be a necessity.
h Additional challenges include managing the
transitions from multiple-lanes to single-lane,
maintaining bike and pedestrian access, and special
adjustments needed for sight distance at the S curve
and at the transition from Market Street to Meadow
Lane.
h The Market Street and Clayton Road intersection is within Caltrans right-of-way and this poses additional traffic control challenges, the first of which is the required Caltrans encroachment permit. Our team has worked with City and Contractors on a regular basis to obtain these permits, and to ensure compliance with the requirements.
Extensive outreach to local residents
was necessary to perform the paving
work at the various cul-de-sacs on the
Zone 3 Pavement Maintenance project.
On the downtown sewer project, complex
traffic control setups were required and
the team worked closely with the City
to review, approve, and institute these
plans.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 14 KEY CHALLENGE 3 Utility Coordination
h The Meadow Lane and Market Street Pavement project will require adjusting over 100 sewer, gas, electrical, and water utility covers to grade. While this work will be performed by the contractor, several of these utilities, including Contra Costa Water, require pre-work meetings and significant coordination. The key to success is early communication with the utility providers. At the start of the project, Russ will host a utility focused pre- construction meeting where the contractor can share their planned work schedule and the utilities can provide their specific requirements for the work. From there, Russ will follow up and coordinate with each utility to provide updates as work progresses and for final close out and billings.
Project Approach
We approach each project with the same
fundamental objective, which is to seamlessly
integrate into our clients’ teams, partner with
our construction contractors, and promote open
communication and efficient completion of
the work. Our comprehensive CM services will
commence immediately with preconstruction
phase work, will quickly transition into active
construction, and will follow through with timely
project close-out. Our work plan is provided in
detail on the following pages and summarized
in our cost proposal which has been submitted
separately, per the RFP instructions.
CITY COORDINATION
Our team will integrate with, coordinate, and
involve the City throughout the course of the
project. Starting at the beginning of the job, our
team will meet with Justine Gee, the City Project
Manager to discuss this current phase of the
project and any lessons learned from previous
phases. Justine will be invited to all construction
coordination meetings and will be apprised of all
changes to project schedule or budget. During
the submittal review phase, we will coordinate
through Justine with the City’s traffic engineer for
review and approval of the Traffic and Pedestrian
Handling Plans. Additionally, we will coordinate
with Justine to review and approve the language
for public notifications. We value our client
h Because of the challenges with working in this intersection during the day, we anticipate night time work will be required. Night work has its own special requirements for traffic control signage and visibility and our team is familiar with these requirements.
Work on this project includes
re-establishing five survey
monuments that will be
disturbed during the course of
the work.
relationships and will form a trusting partnership
with Justine and other City staff from the outset.
PRECONSTRUCTION PHASE SERVICES
Project Setup
Prior to the preconstruction meeting, our
Resident Engineer, Russ Moore, will meet with the
engineering design firm Bellecci, and Justine Gee.
This kick-off meeting serves as an opportunity to
collaborate, discuss project history, scope of the
project, PS&E requirements, mitigation measures,
project objectives, project constraints and project
funding. Gaining this thorough understanding
assists in developing a comprehensive risk
register. Our team will perform a full review of the
site, contract documents, and any supporting
documents to develop a risk register for use
during construction. This tool will include the risks
we discussed in the challenges section, amongst
others we will identify, as we begin talks with the
City, designer, and project stakeholders.
Preconstruction Meeting
Russ will organize a preconstruction meeting
with the contractor, subcontractors, City staff, CM
team members, and other stakeholders to discuss
the project and the work involved. Topics of
discussion will include labor compliance, Project
Stabilization Agreement (PSA), Equal Employment
Opportunity (EEO), record keeping, state and
federal safety laws, use of local businesses and
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 15 subcontractors, environmental requirements
including permitting from regulatory agencies,
monitoring requirements, storm water pollution
prevention, utility issues, traffic control, safety,
and public convenience. A major goal at this
meeting, besides dissemination of data, is to
establish a cooperative partnership between
the Consor CM team, City PM and staff, and the
contractor. Prior to breaking ground, Russ and
our inspection staff will use traditional and 360
photography to document the entire project,
including surrounding properties, to develop a
preconstruction condition report. This will be done
in conjunction with Justine and other City staff,
the contractor, and other stakeholders.
CONSTRUCTION PHASE SERVICES
Project Management and Coordination
As the PIC, Mike will oversee the efforts of our
team including monitoring the staffing, team
performance, and Consor budget. As the RE, Russ
will be the primary point of contact for Justine
and will be responsible for keeping City staff fully
informed of project progress, issues encountered,
and resolution of those issues. Russ will oversee
our day-to-day operations of the team, including
our subconsultants, and will actively manage
both schedule and budget. Russ will work to
facilitate proper coverage of the contractor’s work.
He will use the contractor’s three-week lookahead
schedule to plan the inspection requirements for
the week. Joe will be our primary inspector on site
and will cover the contractor’s operations.
Weekly Construction Meetings
Russ will hold weekly meetings with the
contractor, City staff, and other project
stakeholders to promote regular communication
and progress updates. With the challenges
presented by COVID-19, we have adapted to
holding these meetings both in-person and
virtually, to accommodate the personal needs
of individuals. We will prepare and distribute
weekly project meeting agendas and minutes to
all attendees and routinely copy key staff at the
City in the event they cannot attend. Russ utilizes
these progress meetings as an opportunity
to promote collaboration with the contractor,
update parties that are not routinely on site,
and collectively troubleshoot issues before they
impact cost or schedule.
Submittals and Shop Drawings
As the work progresses, the contractor will
transmit project submittals, shop drawings,
and RFIs for review and approval. Although
submittal review is a routine function of any
construction project, the key to success is
proactive communication, prompt review, and
timely response so that the owner’s interest in
cost and schedule are maintained. Our OE, Omar
Plata, will log and distribute these transmittals to
the appropriate review parties for approval. Omar
will review material submittals and process RFIs,
which will increase our team’s efficiency and cost-
effectiveness. Closely monitoring and coordinating
the follow-up of all transmittals helps our team
prevent potential delays and changes to the
project schedule or scope. Electronic logs will be
maintained for correspondence, submittals, shop
drawings, RFIs, RFCs, change orders, disputes,
and potential claims. Russ and Omar will track
submittals and shop drawings through the review
process to provide timely turnaround. Russ is
experienced with the submittals required for
this job including RHMA, minor concrete, and
traffic control and will work with the contractor to
prioritize reviews to meet the project schedule.
Traffic Control Plan Review
Traffic control submittals will require extensive
review and understanding. Through multiple site
visits and plan review, Russ and our team have
become familiar with the project staging and
will refine this knowledge based on discussions
with City Traffic Division and the design engineer.
Like his recent projects within the City, Russ will
review and make recommendations regarding all
traffic control proposals as he coordinates with
the City and contractor. Our team will inspect the
contractor’s traffic control to verify compliance
with the approved TCP and specifications, City
standards, and the CA MUTCD.
DAILY ADMINISTRATION AND SITE INSPECTION
Daily Administration
Russ will manage the day-to-day administration
of the project, working closely with the City,
contractor, and our CM team. Russ, Joe, and Omar
will:
• Prepare weekly statement of working days
(WSWD)
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 16 • Verify project safety reviews are performed
and ensure compliance with laws, orders, and
regulation
• Track material quantities on a daily, on-going
basis
• Conduct weekly progress meeting with the
Contractor and City PM
• Prepare weekly Project Updates for City PM’s use
and dissemination to City management
• Confirm quality of materials delivered to the site
is consistent with approved submittals
• Prepare monthly invoicing using City form
• Present to City Council if requested
ADA Ramp Inspection and Construction
This project will construct 50 new ADA curb
ramps. Each curb ramp will be inspected for
all controlling dimensions, slopes, clearances,
and applicable tolerances. Our team will utilize
the curb ramp verification check list and CEM
73 series forms to aid in this review. Consor CM
and inspection staff have received the latest
ADA training and work proactively to ensure
compliance. Our team will take two actions:
• We will verify all controlling slopes and
dimensions once the forms are placed and again
during concrete placement while there is still
time to adjust.
• We will check the curb ramp immediately after
completion to verify if any corrective actions need
to be taken and assess our options with the City
and contractor.
To safely prepare for curb ramp demolition and
reconstruction, temporary pedestrian routes
must first be established and clearly signed
to designate alternate accommodations. Our
experience has shown that many contractor
pedestrian handling plans do not provide
adequate detail. Our team sets clear expectations
for these plans at the preconstruction meeting
and works collaboratively with contractors
to establish plans that will provide the right
level of detail. Once approved and installed, Joe
will routinely inspect these routes to confirm
accessibility, maintenance and effectiveness
of signage and channelizing devices, and that
contractors are regularly sweeping and cleaning
surfaces.
BUDGET AND CHANGE ORDER MANAGEMENT
Project Budget/Contingency Balance
Russ will continuously monitor construction
expenditures and maintain a contingency
balance status. This will include change order
commitments, actual expenditures, contract
bid item overrun/underruns, and permanent
administrative deductions stipulated in the
contract documents. This monthly status sheet
will be available for review at any time and will
be submitted with monthly contractor progress
estimates. The City Project Manager will be
notified immediately should a status of funds
issue arise.
Change Order Management
Timely preparation of change order
documentation, including independent cost
estimates, is essential to avoid costly arguments
and claims. Russ will prepare change orders in
accordance with the City’s Change order form and
process. Change order approval or Authority to
Proceed will be secured from the City before any
work outlined in the change order is performed.
Progress Payment Estimate
Omar will prepare a detailed progress payment
estimate each month on the City’s standard form
for Russ’s review. With each progress estimate,
we will submit source documents justifying
the quantities to be paid. Russ and Joe will
prepare source documents for payment for work
performed for each item listed on the bid schedule
and Omar will provide a second check on all
quantity sheets prior to preparing the estimate.
Progress estimates will include the quantity and
amount to pay this period, quantity and amount
paid to date, and the quantity and amount
remaining for each contract item and change
order. The estimate will be prepared using the City-
formatted spreadsheet, a document Russ is very
familiar with from his recent experience on the
City’s Downtown Sewer and Streetscape project.
ENVIRONMENTAL STEWARDSHIP
Russ and our inspection staff have received
training on the most recent NPDES General Permit
issued by the California State Water Resources
Control Board. Our staff will verify that the
contractor complies with the provisions of the
approved Water Pollution Control Program (WPCP)
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 17 including installation of BMPs, inspections, and
reporting as required by the general permit. Our
staff will perform inspection of the construction
BMPs and records, and will proactively work with
the City and contractor to create contingency
plans if needed.
QUALITY ASSURANCE, MATERIALS SAMPLING
AND TESTING, AND SOURCE COMPLIANCE
In collaboration with RMA Group, Russ will
coordinate all necessary quality assurance
materials testing and inspection for the project,
including material sampling testing services
that comply with the City’s Quality Assurance
Plan (QAP) and the Contract Provisions.
Material placing and testing spreadsheets will
be developed and shared with the contractor
prior to the start of construction to see that
proper testing is being performed at the correct
frequencies. Russ and Omar will review these
tables with the contractor and RMA at the
beginning of the project and intermittently
throughout the duration of the work. The tracking
spreadsheets will be reviewed with each monthly
progress estimate to verify adequate testing is
being performed for all materials being placed.
Examples of materials which will be sampled
and tested include Class 2 aggregate base,
RHMA, and minor concrete. Russ will review
all contractor-provided manufacturers’ shop
or mill test certificates, including test reports
from independent materials testing laboratories
to verify compliance with the Contract
Specifications. Certificates of compliance will
be obtained for all materials for which the
specifications require their submittal, as well as
for the basis of acceptance of materials which are
to be inspected and released at the project site.
PROJECT CLOSEOUT AND RECORD
DOCUMENTATION
Punch List Corrective Work
As work in each stage of construction nears
completion, an intermediate punch list for that
stage of work will be generated with input from
our field inspector, Russ, as well as the City
and other stakeholders. It is imperative that we
maintain these phased punch lists to eliminate
the need for the contractor to recreate traffic
control and staging to perform punch list work in
previously completed stages.
As-Built Plans
During construction, our team will annotate
changes and as-built conditions, especially for
utilities, on a set of contract plans specifically
set aside for this purpose. Field changes will be
combined with formal plan revisions to provide
the City with a clean set of mark-ups to draft
final electronic as-builts. A time-saving measure
we have incorporated on past projects is to
provide as-built redlines to the engineer as work
is completed on a given phase, this allows the
design team to make revisions as the project
progresses and saves time on closeout at the end
of construction.
Project Closeout Proceedings
Our project team will work closely with Justine
Gee, the design engineer Bellicci, and other
stakeholders to verify that the project closeout
proceedings are performed efficiently, accurately,
and consistently, in accordance with all pertinent
policies and procedures. We will review and
monitor the contractor’s submittal information
respective to the closeout checklist, such as
“as-built” information, warranties, guarantees,
bond reduction, and punch list preparation. All
contract documents will be digitized and filed
electronically.
Once constructed, the Meadow Lane/Market
Street Paving project will provide significant
pedestrian and bicycle safety enhancements
along the corridor.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 18
COMMUNICATION
The overall successful execution of this work will rely on our team’s ability to communicate with the City and Contractor on a project and overall program basis. Below is a table of our team’s standard communication touch points.
With Contractor Internal Team With City
Daily On a daily basis, our
inspector will meet with the
contractor’s crew to discuss
the day’s operations and work
requirements.
Our project team will talk on
a daily basis to discuss the
day’s activities and upcoming
work, review inspection
requirements, and coordinate
field materials testing.
We will communicate with the
City, as needed, about daily
construction development,
especially if there are potential
cost, schedule, or public
impacts.
Weekly Each week,we will host
the weekly construction
coordination meeting and
review outstanding submittals,
RFIs, three-week look ahead,
SWPPP and safety, and general
project status. We will use
this time to communicate
developments.
We reserve the time slot either immediately before or after the weekly construction meeting to meet internally as a project team. Topics of discussion typically include a general status check in, the contractor’s three-week look ahead schedule, testing and coordination needs within the next week, public notification requirements, and coordination with outside stakeholders. We find this time very useful for aligning our project team and setting expectation within the group.
Monthly If the specifications require the
contractor to submit a progress
schedule update each month,
we will be in communication
with the contractor during this
time to verify the schedule is
being updated accurately for
remaining durations and as-
builts. We will also take this
time to discuss the project
schedule with the contractor
and see if any updates re-
sequencing is required.
The RE will regularly check in
with project staff (twice per
month), making sure they
have all equipment materials
and resources required to
effectively and efficiently
execute their job.
On a monthly basis, we will
prepare a Managers Report
for the City detailing the
project progress and planned
upcoming work.
We will check in with the City
on a monthly basis to discuss
our project budget, any
project issues, and our overall
performance.
OUR APPROACH Our approach can be summarized under four objectives:
1. Organization is the backbone to any sound construction management plan. Russ will develop an on-site hierarchy, internal and external lines of communication/authority, and coordination procedures for the team, the City, and other stakeholders.
2. Coordination through the single point of contact that establishes control and responsibility for all aspects of this construction project. For this on-call, the team’s single point of contact will be Russ.
3. Communication through Russ with City staff, the Contractor, and the inspection team will promote teamwork and shared ownership of issues to be solved. The Resident Engineer will organize and facilitate regular status meetings to discuss project issues such as the schedule, ongoing site issues, testing, site safety, submittals, RFIs, change orders budgets, and strategy for dealing with disputes and potential claims.
4. Documentation is the true history of any construction project and is captured in the organization, management, and maintenance of the project document files and filing system. We will track and file letters and correspondence, submittals, RFIs, change orders, daily and weekly diaries, materials inspection and test reports, meeting minutes, etc. The project records will be based on the Caltrans 63 category filing system and will be regular maintained and kept up-to-date. We use innovative techniques such as electronic file sharing with SharePoint, 360 photography, and drones to document the work.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 19 Innovative & Advanced Techniques
Consor believes in utilizing the most effective and efficient tools available in managing a project. Our team has extensively researched, tested, and implemented multiple innovative techniques that bring direct benefit to our project. These techniques include: 360 and drone photography and electronic project management systems. 360 CAMERAS
360
photography
is superior at
documenting
the construction site over
traditional photos. Using 360
photography, our team is
able to capture the project
site in a Google street view
style map which will allow us
to document 99% of the site
details during review.
ELECTRONIC PROJECT MANAGEMENT SYSTEMS
Digital project records are becoming more common place
for construction projects because of their ease of access and transparent filing systems. Our team utilizes SharePoint to house our project files which is a native Windows application and allows easy access to our project team, including City staff and the contractor .
SharePoint allows real-time access to the project files for the entire project team, meaning as Leland reviews and responds to submittals and RFIs, Joe
will have the latest copies in the field. Once Joe uploads field photos and field documentation, Leland will have real-time access to the documents. To further take advantage of this capability, we outfit our inspectors with an iPad with direct access to the SharePoint site at all times. We also provide printers and a cell phone booster for our inspectors to confirm they have service and ability to work even in remote locations. The increased efficiency of our team allows us to deliver a better project for the City.
DRONE VIDEO
Drones are more recent technology to the construction market which allows our team to document the project from a bird’s eye view. Much like 360 photography, a drone survey is a superior way to document existing site conditions and reduces the City’s exposure risk to claims or damage caused by the contractor. A beneficial byproduct of drone photography is the team’s ability to get unique project photos for public outreach and communications efforts. Consor has our own in-house drone capabilities and is able to provide this benefit to the City during the normal course of our work.
SUMMARY
The Consor Construction Management team values our relationships with local municipalities like the City of Concord. As an engineering firm committed to working as an extension of our clients, we are genuinely excited to move work forward in your communities. Projects and local construction improvements like the Meadow Lane and Market Street project offer our staff a chance to make a difference in the places where they live.
Moreover, as community members themselves, our key staff not only bring a depth of purpose and understanding to challenges facing this project, but will work proactively with you and your design engineer to mitigate risks collaboratively. We understand that this project will cause temporary disruptions to nearby residents and businesses and are committed to conducting public outreach proactively and empathetically, as a representative of the City to the construction contractor and the public. This is not a privilege we take for granted. We will diligently oversee this project to bring shared success for our local community, our friends, and our businesses. We appreciate the opportunity to partner with the City on this project.
CM for Meadow Lane/Market Street Paving, City Project No. 2582 n City of Concord n December 1, 2022 n 20 Litigation
Consor
Consor North America, an Oregon corporation authorized to do business in California, has no pending litigation. Circa March, 2022, it was served with a third party complaint in the matter of Lyda Excavating, Inc. vs. City of North Plains vs. Consor North America, Inc., in Washington Circuit Court, Oregon. The case involved a claim of negligence related to a contractor’s dispute with the city. In June, 2022, following our firm’s motion to dismiss, the court entered a motion for dismissal, resolving the case fully and finally in our firm’s favor.
Prior to our merger, the former Quincy Engineering, Incorporated, a California corporation, had no pending litigation. Nevertheless, circa 2020-21, it was dismissed by the plaintiff in the matter of Kimberly Collins v. Quincy Engineering, et. al., filed in Solano County, California; the plaintiff acknowledged that the site where Ms. Collins suffered her alleged injury was outside of the area Quincy had design responsibility for while working on the site approximately a decade prior to her accident.
RMA Group
Through the normal course of business, RMA Group had been drawn into civil litigation related to construction projects for which they have provided service. In the last five years RMA Group has been involved in the following civil actions:
Palacio De Oro South vs. K Hovnanian: RMA Group provided geotechnical engineering services on tract 32146 in Moreno Valley, California. A lawsuit alleging construction defects was brought by the home owners association against K Hovnanian. K. Hovnanian filed a cross complaint against RMA Group, as well as all other persons or firms that performed work on the project. The lawsuit was filed in November of 2011 and was dismissed in 2016.
Gary M Garcia vs. Murrieta Estates LLC: RMA Group provided geotechnical engineering services on tract 25273-1 in Murrieta, California. A lawsuit alleging construction defects was brought by a number of homeowners within the tract. The developer, Murrieta Estates LLC filed a cross complaint against RMA Group, as well as all other persons or firms that performed work on the project. The lawsuit was filed in December 2011 and was resolved through mediation. There is no current settlement demand and no specific damages alleged to have been caused by the work performed by RMA Group. The lawsuit was settled in 2016 for a total of $40,000.00.
I found [Consor] to be very responsive and helpful, proposing workable solutions to difficult design challenges. There were challenging drainage issues with the project, as well as the need to work around several existing utilities within the project area.
The [Consor] team provided practical solutions to address each situation.” Jenna Caldwell, Senior Civil Engineer, Contra Costa County
6. Fee
The cost proposal and associated required documents according to section C1.6 of the RFP are included in a separately sealed envelope that has been mailed to the City.
Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.
7.f7.f
City Council Agenda Report
Agenda Item No. 7.f
February 7, 2023
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).
On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.
Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
Each teleconference location must be accessible to the public; Members of the public must be able to address the body at each teleconference location;
Post agendas at all teleconference locations; and
During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 38 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a
City Council Agenda Report
Agenda Item No. 7.f
February 7, 2023
“state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through March 9, 2023.
Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options,” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Given the Governor’s State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.
Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.
City Council Agenda Report
Agenda Item No. 7.f
February 7, 2023
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Financial Impact
There is no financial impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361
Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY CONCIL SITTING
AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 23-XX
Local Reuse Authority Resolution No. 23-XX
Concord/Pleasant Hill Health Care District Resolution No. 23-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions Attachment 1
Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 2
(including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the County Health Officer continues to recommend social distancing and the use of online meetings in order to safely hold public meetings, most recently through a December 7, 2022 letter; and
WHEREAS, the County Health Officer has confirmed that the above recommendations to continue social distancing and use online meetings remain in place despite the rescission of formal health orders on October 21, 2022; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 3
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 23-2, Local Reuse Authority Resolution No. 23-48, and Concord/Pleasant Hill Health Care District Resolution No. 23-040 on January 10, 2023, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees.
Consistent with that authority, this February 7, 2023, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 23-2 Local Reuse Authority Resolution No. 23-48, and Concord/Pleasant Hill Health Care District Resolution No. 23-040 was adopted continue to exist as of the date of this Resolution; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on February 7, 2023; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated February 7, 2023, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //
//
//
//
Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 4
NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS
THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.
Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:
Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
Section 4. As of February 7, 2023, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on February 7, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 23-XX, Local Reuse Authority Resolution No. 23-XX and Concord/Pleasant Hill Health Care District Resolution No. 23- XX were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on February 7, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Brown
City Attorney
Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Guy Bjerke, Economic Development & Base Reuse Director Prepared by: Lisa Potvin, Downtown Program Manager
[email protected]
(925) 671-3403
Subject: Considering adoption of a Resolution accepting the Concord Tourism Improvement Business District's 2022-2023 Annual Report.
CEQA: Not a project under CEQA Guidelines Sections
15060(c), 15378 and/or Public Resources Code Section 21065.
Report in Brief
The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of November 28, 2017. Each year, the CTID is required to provide an annual report.
Please see attached memorandum (Attachment 1) and report (Attachment 2) provided by Elaine Schroth the President & CEO of Visit Concord outlining its work plan, past year’s budget, and accomplishments.
Recommended Action
Adopt a Resolution (Attachment 3) accepting the Concord Tourism Improvement District’s 2022-2023 Annual Management Plan Report.
Public Contact
The City Council Agenda was posted and the nine participating CTID members were notified.
8.a8.a8.a8.a8.a8.a8.a
City Council Agenda Report
Agenda Item No. 8.a
February 7, 2023
Attachments
1. Memorandum, Concord Tourism Business District 2022-2023 Annual Report with Exhibit A, Concord Tourism Improvement District’s 2022-2023 Annual Management Plan
2. Resolution accepting the Concord Tourism Improvement District 2022-2023 Annual Report
MEMORANDUM
December 29, 2022
TO: Lisa Potvin, Downtown Program Manager
FROM: Elaine Schroth, President & CEO of Visit Concord
SUBJECT: Concord Tourism Business District’s 2022-2023 Annual Report Report in Brief
A Tourism Improvement District (TID) is a tool to collect assessments from participating hotels to fund tourism marketing and promotional programs that directly benefit the participating lodging businesses. The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of June 1, 2018. Each year, the CTID is to provide an annual report outlining its work plan, past year’s budget, and accomplishments. The CTID Annual Management Plan Report (Attachment 1) is provided to the City Council for its review and acceptance.
Highlights of the 2021-2022 Annual Report are summarized HERE on the Visit Concord website. The 2021-2022 Annual Report Video is HERE.
Background
Tourism Improvement Districts (TID)
The Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID. TIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging and tourism-related business owners to consolidate efforts to increase tourism.
Tourism-related business owners within the TID fund the TID, and those funds are used to provide services and functions that benefit all TID members.
TID Benefits
Funds cannot be diverted for other government programs; Objectives are customized to fit the need of each destination; Allows for a wide range of services, including marketing of the destination, tourism promotion activities, and sales lead generation; Attachment 1
Designed, created, and governed by those who will pay the assessment; and Provides a stable funding source for tourism promotion.
The current CTID was established in 2013 for a five-year term, beginning June 1, 2013 through May 31, 2018. The CTID was renewed for a 10 year period starting June 1, 2018 through May 30, 2028. Hotels located within the District with more than 30 rooms, presently and in the future (which includes the Concord Reuse Project Area), are included in CTID. The following hotels are part of the existing CTID:
America’s Best Value Inn 3355 Clayton Road
Best Western Plus Heritage Inn 4600 Clayton Road
Clarion Hotel 1050 Burnett Avenue
Concord Plaza Hotel 45 John Glenn Drive
Days Inn Concord 5370 Clayton Road
Hilton Concord 1970 Diamond Boulevard
Motel 6 Concord 3606 Clayton Road
Premier Inns/E-Z 8 1581 Concord Avenue
Studio 6 Concord 1370 Monument Boulevard
Located in Northern California just 29 miles east of San Francisco, the background of stunning Mt. Diablo, open dining, outdoor shopping and plenty of live music led to increased journalist and influencer visits, articles written, website impressions and social media coverage. A combination of marketing co-ops with 20 partners, over 34 tradeshows and large industry events attended kept the trusted position of Concord as a welcome, inclusive and diverse destination to explore.
Visit Concord leads a passionate path to develop and nurture our destination with new initiatives for our hotel partners and attractions in sensory training and accessibility, sustainability, and other target-engaging campaigns. Our advocacy efforts include regional and local tourism awareness to restore lost business travel, create stewardship tools, and continue to entice travelers from all locales.
The
Mt. Diablo Region Marketing Co-op continued to lead as the top room generating campaign to increase visibility and create hotel guest stays. The 3 campaigns (cost $ 5k per campaign) in 2021-2022 generated $ 6.3 M in Concord hotel revenue and 44,443 room nights. The additional content story saw 98K page views with 5:18 minutes average time on story. The campaign values and KPIs include impressions/reach, web traffic, social media engagement, and room nights.
The TravelZoo sponsored story on Concord also exceeded the campaign expectations with over 27K page views, 2.19M reach, and 7.02 minutes average time on story.
Analysis
2022-2023 Annual Report
Each year, the CTID presents its Annual Management Plan Report, which includes the marketing plan budget for the year to the City Council for acceptance. The information shown below are key highlights from this year’s Annual Report; the complete document is included as Attachment 1.
Sales and Marketing
The CTID is designated as a sales and marketing program to promote assessed businesses as tourist, meeting and event destinations; to increase room night sales for the nine participating Concord district hotels, and may include some the following activities (a full list is included in Attachment 1):
Online marketing efforts to increase awareness and optimize media presence;
Building community partnerships to support local events highlights activities and create awareness of Concord to travelers for overnight lodging stays;
Digital and print advertisements in select publications targeting potential visitors;
Media advertisements targeted at potential visitors;
Radio advertisements targeted at potential visitors;
Attendance at tourism related trade shows;
Continue to maximize relationship with Visit California, CalTravel, SF Travel and other regional Destination Marketing Organizations (DMOs); sponsorship and promotion of events which attract overnight visitors; and, Development of promotional materials such as digital and print brochures, flyers and maps.
CTID Budget
The CTID annual report shows the following revenue and expenditure from prior year and anticipated budget for the coming year:
2021-2022 Actuals
The projected 2021-2022 budget was $1,130,237, which was $ 607,404 in anticipated collections and $ 522,833 in carry over funds. Actual collections exceeded expectations, totaling $ 861,968; calculated as $ 783,732 in 2021-2022 collections, $ 78,004 in covid relief grants and related, and $ 232 in investment income.
Related Concord tourism facts from 2021. (Research conducted by Dean Runyan Associates. The Economic Impact of Travel in Concord, CA.)
Travel spending in Concord increased 37.3% from $79.3 million in 2020 to $108.9 million in 2021
Tax receipts generated by travel spending are up 34.3% compared to 2020 Direct travel-generated earnings gained $8.4 million, a 14.8% increase Direct travel-generated employment gained approximately 100 jobs, an 8.2% increase in travel-generated employment
The largest visitor spending gain occurred in Food Service - $9.9 million more in travel spending was added in 2021 compared to 2020, an increase of 39.3% Visitors who stayed in a Hotel, Motel, or STVR spent $56.4 million in 2021, an increase of 6.2%
$2.06 Million collected from the hotels in Transient Oriented Tax (TOT) in 2021, an increase of 5.6%
Concord had $28 Million in hotel sales revenue in 2021, an increase of 8.6%. ($45.06 Million generated in 2019)
245,574 rooms booked in 2021 (366,964 rooms booked in 2019) California's travel industry contracted 46% in 2021, whereas Concord's travel economy grew by 37.3%
Average Expenditures* from Overnight Visitors, 2021P
Additionally Visit Concord completed the following activities in Fiscal Year 2021- 2022:
Awarded State of CA Poppy Social Marketing Award and Best of East Bay Award Awarded 1st stop on new Visit California Autism Road Trip 4,581 Concord Destination Guides sent out to qualified leads from Visit California’s viewership
Applying the Zartico tourism-based technology, key insights utilizing UberMedia, Google, STR and social media platforms indicated 42.3% of visitors from in-state,
66.7% overnight visitors, and .75 visitor to resident ratio. 135 articles were published about Concord through 50 publications, radio, TV and other media sources
22.8 M advertising impressions
232,521 social media engagements
806K Website Pageviews (increase 66%), 267K Website Sessions (increase 85%) 39.5% avg. Email open rate
24 hosted influencers created content on hotels, food/drink & attractions 1 Concord Pavilion campaign produced 19 local influencers Attended 20 trade shows and 14 conferences to promote Concord and Concord lodging properties
812 leads sent to the hotels for meetings and events
375 tradeshow appointments
Promoted 10 Stay & Play Hospitality packages
Launched Perro Trail campaign to create awareness for dog-friendly hotels, dining and other Concord experiences
Activated Creative Concord mural, arts & culture campaign with 9 mural and 17 events in June 2022
17 sustainability partnerships created within County and City Promoted Live Jazz Festival, Concord Taco Trail, Contra Costa Beer Trail, Comfort Food Week, 4th of July, Mt. Diablo outdoor adventures through social and digital media channels for the destination, hotels, restaurant, attractions and amenities Continued support to various Concord non-profit organizations through marketing and advertisement, board membership and/or volunteer opportunities 3,475 visitors came through the Concord Visitor Center, tripled expectations 58 events held at the Visitor Center, engaged downtown businesses and residents 12 staff development, advanced leadership & DEI initiatives 1 new marketing agency secured for 2022-23 to launch refreshed logo and brand awareness campaign
100 key stakeholders attended the Annual Tourism Breakfast & Award Show at the Brenden Theatre to highlight 2021-22 events and activities and showcase upcoming initiatives for 2022-23
2022-2023 Projections
The cost of providing improvements and activities for fiscal year 2022-2023 is consistent with the CTID Management District Plan, which is essentially the governing document of how the CTID operates. The total budget declined as hotels are recovering from use as shelters for extended periods, meetings and events not allowed during the pandemic, and continued workforce staffing issues in the hospitality industry. The anticipated total budget for 2022-2023 is $ 783,732 in anticipated collections and $ 522,885 in net assets, for a total budget of $ 1,306,617. Per the CTID contract (Attachment 1), all budget category allocations are within the authorized 15 percent adjustment of the total budget from the prior year.
CTID Operational Changes
The Concord Visitor Center is fully staffed under the CTID Board of Directors oversight.
The offices provide in-person service with 3 FT staff members, 1 PT staff member, and 3 summer interns. The Concord Visitor Center provides:
An elevated, informative experience to visitors and locals alike to understand all that the community.
Pop-up shops highlighting local businesses and community organizations, culinary demonstrations, art installations, outdoor experiences, music and historic exhibits.
Transportation information, discount offers, and ticket sales to local attractions. Electronic information kiosk with self-service directory assistance and list of upcoming events.
Conference area, charging stations and Wi-Fi connectivity. Gathering space so visitors and local community members will be encouraged to participate in ongoing educational programs
Volunteer opportunities to work in the Visitor Center as official Concord Welcome Ambassadors.
Merchandise store to include Concord branded items, along with Concord non- profit partner merchandise.
Outdoor garden sponsored by Home Depot and BSM Landscape. Outdoor contemporary mural sponsored by Concord Art Association and created by Concord native muralist Arsenio Baca.
Attachment: Exhibit A – Concord Tourism Improvement District’s 2022-2023 Annual Management Plan Report
Concord Tourism Improvement District
2022-2023 Annual Management Plan Report
Submitted to the City of Concord pursuant to Streets and Highways Code section 36650, for the period from July 1, 2022 through June 30, 2023
Period July 1, 2022 – June 30, 2023
Exhibit A to Attachment 1
Concord Tourism Improvement District
2022-2023 Annual Report
2 Contents
Boundaries ................................................................................................................................................ 3 Improvements and Activities ............................................................................................................. 4 Sales and Marketing ................................................................................................................................. 4 Administration and Operations ........................................................................................................... 4 Collection Fee .............................................................................................................................................. 5 Contingency/Renewal ............................................................................................................................. 5 Cost ............................................................................................................................................................... 5 2022-2023 Projections ............................................................................................................................ 5 2021-2022 Actuals .................................................................................................................................... 6 Assessment ................................................................................................................................................ 6 Assessment ................................................................................................................................................... 7 Delinquencies .............................................................................................................................................. 8 Surplus and Other Funding ................................................................................................................. 8 Surplus ........................................................................................................................................................... 8 Appendix – Assessed Businesses ...................................................................................................... 9
December 1, 2022
Prepared by
Visit
Concord
Concord Tourism Improvement District
2022-2023 Annual Report
3 Boundaries
There are no proposed changes to the boundaries. The CTID will include all lodging businesses with more than thirty (30), existing and in the future, available for public occupancy within the boundaries of the City of Concord and that portion of the County of Contra Costa bound by the Concord City limits and Interstate 680 and Highway 4, as shown on the map below.
The boundary, as shown in the map below, currently includes 9 lodging businesses.
A listing of lodging businesses within the renewed CTID can be found in the Appendix.
Concord Tourism Improvement District
2022-2023 Annual Report
4 Improvements and Activities
The improvements and activities to be provided for 2023 are consistent with the Management District Plan, however the total budget decline d to 65% of the 2019 assessment received due to hotels recovering from use as shelters for ex tended periods, meetings and events not allowed during the pandemic, and continued workforce staffing issues in the hospitality industry.
New Campaigns and Initiatives
• 2022 - Creative Concord Arts & Culture campaign includes 9 mural and 17 events; • 2023 - Promote sustainable travel and sensory accessible travel options in hotels and City through new initiatives
Sales and Marketing
• Online marketing efforts to increase awareness and optimize media presence; • Building community partnerships to support local events , highlights activities and awareness of Concord to encourage travelers to come and stay in a hotel; • Digital and Print ads in select publications targeting potential visitors; • Enhance website to increase awareness of Concord;
• Multi-media and radio ads targeted at potential visitors; • Attendance at trade shows;
• Maximize marketing co-op relationships with other DM Os including Mt. Diablo Region, Napa and Sonoma Valleys, Yosemite, and Southern California cities; • Maximize relationships with Visit California, San Francisco Travel and CalTravel; • Sponsorship and promotion of sports and other events which attract overnight visitors
• Sales blitzes;
• Familiarization tours with planners, bloggers, and travel writers; • Development of promotional materials such as digital and print brochures, flyers and maps;
• Develop and maintain relationships to promote diversity and inclusion; • Promote sustainable travel and sensory accessible travel through new initiatives; • Attendance at professional industry conferences and affiliation events; • Education of hospitality staff on service, safety and marketing strategies designed to create a visitor experience that will bring repeat visits; • Public and media outreach, pitching the Concord area for tourism opportunities; • Promotion of Visitor Center to attract visitors to Concord; • Create and promote event campaigns specific to the pillars of Concord
Administration and Operations
The administrative and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.
Concord Tourism Improvement District
2022-2023 Annual Report
5 Collection Fee
The City of Concord shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.
Contingency/Renewal
In order to ensure effective provision of services, a contingency will be established to account for uncollected assessments or unanticipated program costs. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of Visit Concord. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of the reserve fund shall be set by Visit Concord. The reserve fund may be spent on programs described in this Plan in any proportion deemed appropriate by Visit Concord. The Board is prepared to utilize the reserve funds as needed for recovery marketing in 2022-2023.
Cost
2022-2023 Projections
The cost of providing improvements and activities for 2022- 2023 is consistent with the Management District Plan. The total budget declined to 65% of the 2019 assessment received due to hotels recovering from use as shelters for ex tended periods, meetings and events not allowed during the pandemic, and continued workforce staffing issues in the hospitality industry.
The anticipated total budget for 2022- 2023 is $ 783,732 in anticipated collections and $ 522,885 in net assets, for a total budget of $ 1,306,617. The categorical breakdown is below. All budget category allocations are within the authorized fifteen percent (15%) adjustment of the total budget from the prior year. The City fee shown in the table below is calculated only on collections and does not include the carryover amount.
Category % FY 22/23
Budgeted $
%
Change
FY 21/22
Fund
Balance
Total
Sales & Marketing 80.00% $626,986 - $522,885 $1,149,871 Administration 15.00% $117,560 - - $117,560
Contingency / Reserve 4.00% $31,349 - - $31,349
City Fee 1.00% $7,837 - - $7,837
Totals 100.00% $783,732 n/a $522,885 $1,306,617
Concord Tourism Improvement District
2022-2023 Annual Report
6 2021-2022 Actuals
The projected 2021- 2022 budget was $1,130,237, which was $ 607,404 in anticipated collections and $ 522,833 in carry over funds. Actual collections exceeded expectations , totaling $ 861,968; calculated as $ 7 83,732 in 2021-2022 collections, $ 78, 004 in covid relief grants and related, and $ 232 in investment income.
Budgeted and actual expenses were as shown below. Total 2021-2022 actual expenses and reserved funds equal the total budgeted.
Category 2021 Budgeted 2021 Actual
% $ % $ Spent $ Carry Over
Sales & Marketing 79.00% $1,002,683 79.00% $484,812 $522,885 Administration 16.00% $97,184 16.00% $98,190 -
City Fee 1.00% $6,074 1.00% $6,137 -
Contingency/ Renewal 4.00% $24,296 4.00% $24,547 -
Totals 100.0% $1,130,237 100.0% $977,258 $522,885
Assessment
There is no change in the method and basis of levying the assessment.
Assessment
The annual assessment rate is three percent (3%) of gross short- term room rental revenue on lodging businesses. Based on the benefit received, assessments will not be collected on:
1. Stays for a period of 30 consecutive calendar days or more, counting portions of calendar days as full days; or
2. Stays by any federal or state officer or employee when on official business and when the stay is paid for directly by the United States government or the state. This does not include stays which are paid by the transient and later reimbursed by the entity; or
3. Stays by any officer or employee of a foreign government who is exempt from transient occupancy taxes by reason of express provisions of federal law or international treaty; or
4. Stays pursuant to written contracts executed prior to June 1, 2013. A reservation is not considered a written contract.
The term “gross short term room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a
Concord Tourism Improvement District
2022-2023 Annual Report
7 lodging business valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross short term room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclose d in advance and separately stated from the amount of rent charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. The assessment shall be disclosed as the
“Concord TID.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to customers.
Bonds shall not be issued.
Delinquencies
Original Delinquency
Any business which fails to remit any assessment due within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the assessment.
Continued Delinquency
Any business which fails to remit any delinquent assessment on or before a period of thirty (30) days following the date on which the assessment first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment, in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.
Fraud
If the City determines that the nonpayment of any assessment is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto, in addition to the penalties stated above.
Interest
In addition to the penalties imposed, any business which fails to remit any assessment due shall pay interest at the rate of one percent (1%) per month, or fraction thereof, on the amount of the assessment, exclusive of penalties, from the date on which the assessment first became delinquent, until paid.
Concord Tourism Improvement District
2022-2023 Annual Report
8 Penalties Merged with Assessment
Every penalty imposed and such interest as accrues shall become a part of the assessment required to be paid.
Surplus and Other Funding
Surplus
The amount of surplus to be carried over from previous years is $522,885, of which $522,885 is attributed to sales and marketing programs.
Concord Tourism Improvement District
2022-2023 Annual Report
9 Appendix – Assessed Businesses
Business Name Address City, State, ZIP
America’s Best Value Inn 3555 Clayton Rd. Concord, CA 94519 Best Western Plus Heritage Inn 4600 Clayton Rd. Concord, CA 94521 Clarion Hotel 1050 Burnett Ave. Concord, CA 94520
Concord Plaza Hotel 45 John Glenn Dr. Concord, CA 94520 Days Inn Concord 5370 Clayton Rd. Concord, CA 94521
Hilton Concord 1970 Diamond Blvd. Concord, CA 94520
Motel 6 Concord 3606 Clayton Rd. Concord, CA 94521
Premier Inns/E-Z 8 1581 Concord Ave. Concord, CA 94520
Studio 6 Concord (Extended Stay) 1370 Monument Blvd. Concord, CA 94520
Attachment 2
Res No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Concord Tourism
Improvement District’s 2022-2023 Annual Report
Resolution No. 23-XX
/
WHEREAS, the City of Concord has the authority to establish a Tourism Improvement District under the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) of the California Streets and Highways Code (“Act”); and WHEREAS, the City Council has established a Tourism Improvement District for the City of Concord and a portion of the Contra Costa County (“CTID”), pursuant to the Act, by and through the adoption of Resolution No. 13-48 on May 28, 2013; and
WHEREAS, the CTID was formed to administer marketing programs to promote the City of Concord as a tourism destination and to fund sales and marketing programs that benefit hotels within the boundaries of the CTID; and
WHEREAS, it is anticipated that the CTID will increase the occupancy of lodging businesses with more than 30 rooms in the district boundaries that would not occur without the CTID; and WHEREAS, each district established pursuant to the Act requires an annual approval of an annual report from CTID, and adoption of a resolution confirming the acceptance of the annual report for each year; and
WHEREAS, the City Council renewed the CTID for a 10 year period through the adoption of Resolution 17-77 on November 28, 2017; and
WHEREAS, the City Council expressed its intention to accept such report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. CEQA. Passage of this resolution and the actions herein are not a project under CEQA Guidelines Sections 15060(c), 15378 and/or Public Resources Code Section 21065.
Section 2. The annual report titled “Concord Tourism Improvement District, 2022-2023 Annual Report” for the CTID is hereby accepted and confirmed by the City Council, and a copy is on
Res No. 23-XX 2
file in the City Clerk’s office at City Hall, 1950 Parkside Drive, Concord, CA. Said report contains a description of the proposed improvements and activities, the boundaries and benefit zones, and the basis of assessment for Fiscal Year 2022-2023.
Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on February 7, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on February 7, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
VISIT CONCORD
UPDATE
Elaine Schroth, CEO and President
City of Concord
City Council Meeting
February 7, 2023 Page 21 of 33
2
THIS YEAR
IN REVIEW
4
● Sustainability
● Accessibility Training
● Concord Eats
● Creative Concord
● Perro Parade
● Holiday Sip N’ Stroll
● Wellness Month
6 COMING UP
VISITOR CENTER
● 2,868 Visitors in 2022,
estimate 4,000 in 2023
● 12 Events in 2022,
estimate 14 in 2023
● 24 Collateral Materials
● 27 Partner Displays
● 46 Merchandise Designs
QUESTIONS
Elaine Cortez Schroth
[email protected]
VisitConcordCA.com
Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Guy Bjerke, Economic Development & Base Reuse Director
Prepared by: Lisa Potvin, Downtown Program Manager
[email protected]
(925) 671-3403
Subject: Considering adoption of a Resolution accepting the Concord Tourism Improvement Business District's 2022-2023 2021-2022 Annual Report.
CEQA: Not a project under CEQA Guidelines Sections
15060(c), 15378 and/or Public Resources Code Section 21065.
Report in Brief
The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of November 28, 2017. Each year, the CTID is required to provide an annual report.
Please see attached memorandum (Attachment 1) and report (Attachment 2) provided by Elaine Schroth the President & CEO of Visit Concord outlining its work plan, past year’s budget, and accomplishments.
Recommended Action
Adopt a Resolution (Attachment 3 2) accepting the Concord Tourism Improvement District’s 2022-2023 2021-2022 Annual Management Plan Report.
Public Contact
The City Council Agenda was posted and the nine participating CTID members were notified.
Benched Staff Report
Agenda Item No. 8.a
February 7, 2023
City Council Agenda Report
Agenda Item No. 8.a
February 7, 2023
Attachments
1. Memorandum, Concord Tourism Business District 2022-2023 Annual Report with Exhibit A, Concord Tourism Improvement District’s 2022-2023 Annual Management Plan
2. Resolution accepting the Concord Tourism Improvement District 2022-2023 2021-2022 Annual Report
Attachment 2
Res No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Concord Tourism
Improvement District’s 2022-2023 2021-2022 Annual
Report
Resolution No. 23-XX
/
WHEREAS, the City of Concord has the authority to establish a Tourism Improvement District under the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) of the California Streets and Highways Code (“Act”); and WHEREAS, the City Council has established a Tourism Improvement District for the City of Concord and a portion of the Contra Costa County (“CTID”), pursuant to the Act, by and through the adoption of Resolution No. 13-48 on May 28, 2013; and
WHEREAS, the CTID was formed to administer marketing programs to promote the City of Concord as a tourism destination and to fund sales and marketing programs that benefit hotels within the boundaries of the CTID; and
WHEREAS, it is anticipated that the CTID will increase the occupancy of lodging businesses with more than 30 rooms in the district boundaries that would not occur without the CTID; and WHEREAS, each district established pursuant to the Act requires an annual approval of an annual report from CTID, and adoption of a resolution confirming the acceptance of the annual report for each year; and
WHEREAS, the City Council renewed the CTID for a 10 year period through the adoption of Resolution 17-77 on November 28, 2017; and
WHEREAS, the City Council expressed its intention to accept such report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. CEQA. Passage of this resolution and the actions herein are not a project under CEQA Guidelines Sections 15060(c), 15378 and/or Public Resources Code Section 21065.
Section 2. The annual report titled “Concord Tourism Improvement District, 2022-2023 Benched Attachment 1
Agenda Item No. 8.a
February 7, 2023
Res No. 23-XX 2
2021-2022 Annual Report” for the CTID is hereby accepted and confirmed by the City Council, and a copy is on file in the City Clerk’s office at City Hall, 1950 Parkside Drive, Concord, CA. Said report contains a description of the proposed improvements and activities, the boundaries and benefit zones, and the basis of assessment for Fiscal Year 2022-2023 2021-2022.
Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on February 7, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on February 7, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering a recommendation from the Council Committee on Housing and Economic Development to adopt a Resolution allocating $500,000 of one-time American Rescue Plan Act funds for special events as an economic development
stimulus.
The special events include: one-time support to the 50th Anniversary of the sister city relationship with Kitakami, Japan; sound operator services for Music & Market and other special events for two years; support two years of Festival Latino; and support two years of July 4 festivities.
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.
Report in Brief
On September 27, 2022 the City Council earmarked $500,000 of one-time American Rescue Plan Act (ARPA) funds specifically for supporting special events as an economic development stimulus. Council referred a discussion on which events and amounts to the Council Committee on Housing and Economic Development (Councilmember Aliano and former Councilmember McGallian). The Committee discussed this item on November 29, 2022. The purpose of tonight’s meeting is to consider the Committee’s recommendations and finalize the allocation.
Recommended Action
8.b8.b8.b
City Council Agenda Report
Agenda Item No. 8.b
February 7, 2023
Adopt a Resolution allocating $500,000 of one-time American Rescue Plan Act funds for special events as an economic development stimulus.
Background
ARPA is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Biden on March 11, 2021. The main objective of the act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. The City of Concord received a total of $27,040,883 directly from the U.S. Treasury, split into two payments. The first payment was received in May 2021 with the second payment received in June 2022
Funding for eligible expenditures must be spent or obligated by December 31, 2024, with a covered expenditure period of March 3, 2021 through December 31, 2024. Funds obligated by December 31, 2024, but not yet spent must be spent by December 31, 2026, or they are returned to the Federal Government. For purposes of ARPA, obligated means an order placed for property or services and entering into contracts, subawards and similar transactions that will require payment after December 31, 2024.
On April 26, 2022 the City Council received a presentation on feedback received from the community on how ARPA funds should be spent. The feedback was the result of outreach that occurred between January and March 2022 and included three public meetings, a scientifically valid survey, a web-based survey, and a focused survey of investment needs within the business community. An ARPA Ad Hoc Committee was subsequently formed consisting of then Mayor Aliano and then Vice Mayor Hoffmeister, and tasked with further revising staff’s recommended spending categories, dollar allocations to spending categories, and the process for allocating funds within each spending category.
On September 27, 2022 the City Council received recommendations from the ARPA Ad Hoc Committee, resulting in Council’s allocation of $19 million of ARPA funds in four categories of spending: (a) $7 million for City Projects, Public Safety, and Special Events; (b) $7 million for Support for Nonprofit Organizations; (c) $3 million for Support for the Unhoused; and (d) $2 million for Support for Small Businesses. Included in category (a) of the spending is $500,000 to be used specifically for special events, given that special events support Council’s priority focus areas on economic development and quality of life in Concord. Council referred a discussion on which events and amounts to the Council Committee on Housing & Economic Development (McGallian/Aliano). The Committee discussed this item on November 29, 2022 and prepared its recommendations for the allocation of $500,000 of ARPA funds.
Analysis
City Council Agenda Report
Agenda Item No. 8.b
February 7, 2023
During its meeting on November 29, 2022, the Council Committee on Housing and Economic Development developed a recommendation on how to allocate $500,000 of ARPA funds for special event purposes; the recommendation is as follows:
$75,000 for the 50th Anniversary of the sister city relationship with Kitakami, Japan.
In 2020, Council adopted Resolution No. 20-6 which earmarked $25,000 from Fund 285: Art in Public Places to support the 50th Anniversary of the Sister City relationship with Kitakami, Japan. HED recommends adding one-time funding in the amount of $75,000 to the existing funds earmarked for this purpose ($100,000 total). A delegation from Kitakami will visit Concord for the celebration which is scheduled to occur in October 2024. The committee members highlight bringing communities together as primary benefit offered by the sister city relationship. HED estimates the total cost of the event to be $130,000. The Concord Ambassadors, which is the all-volunteer organization that maintains the sister city relationship between Concord and Kitakami, is expected to raise the remaining balance needed for the celebration. $125,000 for sound operator services for Music & Market and other special events for two years. Special events increased in cost by $60,000 during the 2022 season as result of a new contract for sound operator services. A sound operator contract was needed due to the retirement of a Public Works employee that worked on overtime to provide sound services. Sound operator services are a specialty skill that the City does not require on a full time basis; presence of the skill is highly uncommon in the workforce. Therefore, the City must utilize a third party for sound operator services going forward. The additional cost of $60,000 annually provides no room for enhancing special event experiences, less cushion to absorb inflationary costs, and it impacts the Special Events fund balance. The $125,000 will fund two years of these needed services. Staff will develop an approach of funding sound operator services on a go forward basis, which may or may not require future Council action. $100,000 to support two years of Festival Latino ($50,000 each year).
Festival Latino is a free, outdoor festival sponsored by the Unity Council for the purpose of bringing people to the vibrant, culturally rich Monument Corridor. The Festival website boasts world-class live music, family-friendly games, activities, and traditional Latin American artisans. In 2022 the event provided families with the experience of live music, Ballet Folklórico, Aztec dancers and to shop at the local artisan craft stands. The Unity Council is a non-profit Social Equity Development Corporation with a 57-year history. Its mission is to promote social equity and improve quality of life by building vibrant communities where everyone can work, learn, and thrive. In making this recommendation, HED stressed the need for the Unity Council to be responsible for securing the resources needed for Festival Latino to continue beyond the initial two years of funding.
$200,000 to support two years of July 4 festivities ($100,000 each year).
City Council Agenda Report
Agenda Item No. 8.b
February 7, 2023
In 2022 the City supported the Fourth of July parade and fireworks celebration by providing a $50,000 payment and approximately $40,000 of in-kind City services to the Todos Santos Business Association Arts Foundation (TSBAF), which organized the two events. Sufficient General Funds were available for this purpose as a result of savings realized by vacancies. TSBAF began hosting the fireworks show in 2014 when a local church ended its 25-year tradition of offering the event. The TSBAF event is entirely free to the community. TSBAF has struggled to secure the resources necessary to host the event, complicated further by the pandemic. The TSBAF parade and fireworks show bring demonstrable benefits to the citizens of Concord, such as helping to reverse certain negative impacts of COVID-19, by bringing together and connecting friends, families, and the community at large, to celebrate our nation’s independence. While many California cities put on City-run 4th of July events, Concord has historically relied on community groups to provide such services. Concord benefits from that approach in that such programs promote community involvement and wellbeing, and relieve City staff from the additional workload of organizing and running such events. The HED recommendation is to provide TSBAF with $100,000 per year, for two years, to help fund the cost of the parade and fireworks show (including services provided by the City such as Police and Public Works). While the HED recommendation will only provide two years of funding for the event, staff will work with its community partners to develop sustainable alternatives for funding these events in the future.
Financial Impact
ARPA funds are one-time funds that if not spent or committed by the ARPA deadlines would need to be returned to the Federal Government.
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of American Rescue Plan Act funds to support community nonprofits does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
City Council Agenda Report
Agenda Item No. 8.b
February 7, 2023
Attachment
1. Resolution allocating $500,000 of one-time American Rescue Plan Act funds for special events as an economic development stimulus
Res No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Allocating $500,000 of One-Time
American Rescue Act Funding for Special Events Resolution No. 23-XX /
WHEREAS, the American Rescue Plan Act (“Act”) is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Biden on March 11, 2021; and
WHEREAS, the main objective of the Act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession; and WHEREAS, the City of Concord received two payments from the U.S. Treasury under the Act for a total of $27,040,883; and
WHEREAS, on September 27, 2022 the City Council earmarked $500,000 of ARPA funds specifically for supporting special events as an economic development tool; and WHEREAS, also on September 27, 2022 the City Council referred a discussion on which events and amounts to the Council Committee on Housing and Economic Development; and WHEREAS, the Council Committee on Housing and Economic Development consisting of current Councilmember/former Mayor Aliano and former Councilmember McGallian discussed this item on November 29, 2022 and prepared its recommendations for the allocation of $500,000 of ARPA funds; and
WHEREAS, upon receiving a recommendation from the Council Committee on Housing and Economic Development the City Council has made a final determination on which events and amounts shall be funded with the $500,000 of ARPA funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of American Rescue Plan Attachment 1
Res No. 23-XX 2
Act funds to support community nonprofits does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 2. Authorizes the allocation of $500,000 of American Rescue Plan Act funds for the following Special Event purposes:
a. Purpose: One-time support to the 50th Anniversary of the sister city relationship with Kitakami, Japan.
Amount: $75,000
b. Purpose: Sound operator services for Music & Market and other special events for two years.
Amount: $125,000
c. Purpose: To support two years of Festival Latino.
Amount: $100,000 ($50,000 each year)
d. Purpose: To support two years of July 4 festivities.
Amount: $200,000 ($100,000 each year)
Section 3. The City Manager is authorized to utilize these funds as described and execute all attendant documents and agreements in a form acceptable to the City Attorney.
Section 4. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on February 7, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
Res No. 23-XX 3
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on February 7, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
HED FUNDING
RECOMMENDATIONS
Justin Ezell
Assistant City Manager
February 7, 2023
1
Background on ARPA
2 •American Rescue Plan Act (ARPA)
• $1.9 trillion federal stimulus package
• Signed into law on March 11, 2021
•Concord received a $27 million allocation
• One-time funds must be obligated by Dec. 2024, spent by Dec. 2026 • Approximately $8 million immediately appropriated
• $19 million was reserved for future appropriation
Public
Participation
Process for the
$19 million
3 Date Description
August 2021 First public meeting
January 2022 Community surveys
February 2022 Community meetings
April 2022 Council meeting
May 2022 Formation of Ad Hoc Committee
September 2022 Council meeting
November 2022 HED meeting Page 11 of 20
Council Adopted Spending Categories
4 •Support for the Unhoused $3 million
•Support for Small Businesses $2 million
•Support for Nonprofit Organizations $7 million
•City Projects, Public Safety, and Special Events $7 million
City Projects, Public Safety, and Special Events
5 •Funding in the amount of $7 million
•0.5 million earmarked for supporting special events
• Referring to HED Committee a discussion on how to purpose the $0.5 million toward special events
• If possible – build into future budgets the use of residual funds to sustain event support at this higher level
•Staff to develop $6.5 million projects and programs
50th Anniversary of Sister City - $75,000
6 •Kitakami, Japan
•Sister City relationship since 1974
•The Concord Ambassadors sponsor
the Sister City program
•50th anniversary celebration to occur
in October 2024
Photo credit: Diablo Gazette
Special Event Sound Services - $125,000
7 •The Music & Market series occurs in
Todos Santos Plaza
•All concerts are free to the public
•Concerts run Thursday nights from
June through September
Photo credit: Diablo Gazette
Festival Latino - $100,000 ($50,000 per year)
8 •Inaugural event in September 2022
•Celebration of Hispanic Heritage
Month
•Economic driver for businesses
•Provide fun, family friendly event for
the community
Photo credit: Diablo Gazette
July 4 Festivities - $200,000 ($100,000 per year)
9 •Todos Santos Business Arts Foundation
July 4 Festivities
- 5k Run (sponsored by POA)
- Pancake Breakfast (Rotary)
- Parade
- Fireworks
Photo credit: Diablo Gazette
Summary of HED Recommendations
10 •Sister City Celebration $75,000
•Sound Operator Services $125,000
•Festival Latino $100,000
•July 4 Festivities $200,000
Action Item
11 Adopt a Resolution allocating $500,000 of one-time
American Rescue Plan Act funds for special events as an economic development stimulus.
Photo credit: Diablo Gazette
Council Questions and
Public Comment
12 HED Funding Recommendations
Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering a Resolution appropriating $6.5 million of one- time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds.
Projects include: New Trash Receptacles in the Downtown; Expanded Wi-Fi at Camp Concord; Downtown Concord
Welcome & Cleanliness Program in Partnership with the Todos Santos Business Association– 2-year Pilot; Recreation
Services Financial Assistance for Families in Need Program – 2-year Pilot; Civic Center Stormwater Cleaning (Greening) Project; Information Technology Department and Police
Department – Continuation and Enhancement of Safety,
Evidentiary, and Accountability Tools (e.g. body worn
cameras, in-vehicle cameras, interview room cameras,
camera/video auditing software and transcription, evidentiary cloud storage, related software and hardware, Tasers and associated equipment, and installation and maintenance); Cameras and Lighting at Public Works and City Recreation Facilities; Overnight Summer Camp Experience for At-Risk Youth – 2-year Pilot; Meadow Lane and Market Street Paving Project; Police Department Rescue Van; and Safety, Security and Cleanliness of City-Owned Parking Garages.
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.
8.c8.c8.c8.c8.c8.c8.c8.c8.c8.c8.c
City Council Agenda Report
Agenda Item No. 8.c
February 7, 2023
Report in Brief
On September 27, 2022 the City Council earmarked $6.5 million of one-time American Rescue Plan Act (ARPA) funds specifically for the completion of City projects. Council directed staff to return to Council with a recommendation on which projects and amounts the funds should be invested. The purpose of tonight’s meeting is to consider staff recommendations, finalize the appropriations, and authorize certain actions related to the staff-recommended spending.
Recommended Action
Adopt a Resolution appropriating $6.5 million of one-time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds, which includes making the CEQA determinations as provided in this staff report.
Background
ARPA is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Biden on March 11, 2021. The main objective of the act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. The City of Concord received a total of $27,040,883 directly from the U.S. Treasury, split into two payments. The first payment was received in May 2021 with the second payment received in June 2022
Funding for eligible expenditures must be spent or obligated by December 31, 2024, with a covered expenditure period of March 3, 2021 through December 31, 2024. Funds obligated by December 31, 2024, but not yet spent must be spent by December 31, 2026, or they are returned to the Federal Government. For purposes of ARPA, obligated means an order placed for property or services and entering into contracts, subawards and similar transactions that will require payment after December 31, 2024.
On April 26, 2022 the City Council received a presentation on feedback received from the community on how ARPA funds should be spent. The feedback was the result of outreach that occurred between January and March 2022 and included three public meetings, a scientifically valid survey, a web-based survey, and a focused survey of investment needs within the business community. An ARPA Ad Hoc Committee was subsequently formed consisting of Mayor Aliano and Vice Mayor Hoffmeister, and tasked with further revising staff’s recommended spending categories, dollar allocations to spending categories, and the process for allocating funds within each spending category.
On September 27, 2022 the City Council received recommendations from the ARPA Ad Hoc Committee, resulting in Council’s allocation of $19 million of ARPA funds in four categories of spending: (a) $7 million for City Projects, Public Safety, and Special
City Council Agenda Report
Agenda Item No. 8.c
February 7, 2023
Events; (b) $7 million for Support for Nonprofit Organizations; (c) $3 million for Support for the Unhoused; and (d) $2 million for Support for Small Businesses. Included in category (a) of the spending is $500,000 to be used specifically for special events, and $6.5 million to be used specifically for City projects. Council directed staff to return to Council with a recommendation on which projects and amounts the $6.5 million of funds should be invested, which is the focus of this report.
Analysis
A team of staff from the City Manager’s, Economic Development and Base Reuse, Recreation Services, Infrastructure and Technology, Community Development, Public Works, Police, and Finance departments met on several occasions to formulate the spending recommendations that are summarized in the table below. A more detailed description of each recommendation is provided as Attachment 1. Each proposed project concentrates on one or more areas of Council Priority Focus, as shown below.
New Trash
Receptacles in the
Downtown
Quality of Life & Economic Development: Install
new trash receptacles within the downtown that
prevent wind-blown litter and content removal to
improve cleanliness.
$304,399
Expanded Wi-Fi at
Camp Concord
Quality of Life & Fiscal Stability: Expand the WiFi
network and improve internet connectivity for
campers/staff at Camp Concord.
$100,000
Downtown Concord
Welcome &
Cleanliness Program
in Partnership with
the Todos Santos
Business
Association–
2-year Pilot
Quality of Life & Economic Development: This is a
two-year partnership with Todos Santos Business
Association (TSBA) to enhance safety and
cleanliness of Downtown and support efforts to
determine viability of a potential future property
based business improvement district.
$458,494
Recreation Services
Financial Assistance
for Families in Need
Program –
2-year Pilot
Quality of Life: A two-year scholarship program for
underserved youth to participate in recreation
programs, with a focus on summer: swim lessons,
summer youth day camps.
$100,000
Civic Center
Stormwater Cleaning
(Greening) Project
Quality of Life & Infrastructure: A Civic Center
campus wide green infrastructure project to install
bio retention and other low-impact development
practices to treat all impervious surfaces for in-lieu
credit against the green infrastructure mandates
within the new MRP 3.0 storm water permit.
$1,500,000
City Council Agenda Report
Agenda Item No. 8.c
February 7, 2023
Information
Technology
Department and
Police Department –
Continuation and
Enhancement of
Safety, Evidentiary,
and Accountability
Tools
Public Safety & Fiscal Stability: A multi-year
contract for enhanced accountability software and
replacement of end of life public safety equipment
(e.g. body worn cameras, in-vehicle cameras,
interview room cameras, camera/video auditing
software and transcription, evidentiary cloud
storage, related software and hardware, Tasers
and associated equipment, and installation and
maintenance).
$850,000
Cameras and
Lighting at Public
Works and City
Recreation Facilities
Public Safety: The addition of security cameras
and lighting at Public Works and Recreation
facilities.
$300,150
Overnight Summer
Camp Experience for
At-Risk Youth –
2-Year Pilot
Public Safety & Quality of Life: An all-inclusive,
multi-day experience for at-risk middle school
students at Camp Concord, South Lake Tahoe.
Police Officers and other appropriate professionals
(mental health counselors) provide activity and
cabin counselor leadership to develop bonds
through adventure, acceptance and achievement.
$100,000
Meadow Lane and
Market Street Paving
Project
Quality of Life & Infrastructure: A roadway
maintenance project to affect repairs and resurface
Meadow Lane from Monument Boulevard to
Market Street at Willow Pass Road. This
investment bridges a funding gap related to the
cost of project construction.
$2,166,957
Police Department
Rescue Van
Public Safety: The purchase of a modern and
reliable armored rescue van capable of responding
to active shooter, crisis incidents, or the rescue of
injured persons/officers.
$120,000
Safety, Security and
Cleanliness of City-
Owned Parking
Garages
Quality of Life & Economic Development: A project
to address deferred maintenance issues in the
City’s downtown parking garages and improve
aesthetics, safety and security.
$500,000
The following Council actions are included in the Resolution (Attachment 6) as they are necessary as a part of the forgoing staff recommendations:
City Council Agenda Report
Agenda Item No. 8.c
February 7, 2023
1. Appropriate $304,399 of American Rescue Plan Act funds for New Trash Receptacles in the Downtown, and authorize a single-source purchase to Bigbelly in the not to exceed amount of $210,000 in accordance with Section
3.10.080 of the Concord Municipal Code when only one documented and verified vendor for the product or service exists.
2. Appropriate $100,000 of American Rescue Plan Act funds for Expanded Wi-Fi at Camp Concord.
3. Appropriate $458,494 of American Rescue Plan Act funds for the Downtown Concord Welcome & Cleanliness Program in Partnership with Todos Santos Business Association – 2-Year Pilot, and authorize the City Manager to enter into an agreement with the Todos Santos Business Association in a form acceptable to the City Attorney.
4. Appropriate $100,000 of American Rescue Plan Act funds for the Recreation Services Financial Assistance for Families in Need Program – 2-Year Pilot.
5. Appropriate $1,500,000 of American Rescue Plan Act funds for construction of the Civic Center Stormwater Cleaning (Greening) Project (PJ 2518).
6. Appropriate $850,000 of American Rescue Plan Act funds for the Information Technology Department and Police Department – Continuation and Enhancement of Safety, Evidentiary, and Accountability Tools (e.g. body worn cameras, in-vehicle cameras, interview room cameras, camera/video auditing software and transcription, evidentiary cloud storage, related software and hardware, Tasers and associated equipment, and installation and maintenance), and authorize a single-source purchase to Axon Enterprises, Inc. in the not to exceed amount of $3,150,437.46 in accordance with Section 3.10.080 of the Concord Municipal Code when only one documented and verified vendor for the product or service exists; and authorize the City Manager to enter into an agreement with Axon Enterprises, Inc. in a form acceptable to the City Attorney.
7. Appropriate $300,150 of American Rescue Plan Act funds for Cameras and Lighting at Public Works and City Recreation Facilities.
8. Appropriate $100,000 of American Rescue Plan Act funds for an Overnight Summer Camp Experience for At-Risk Youth – 2-year pilot.
9. Appropriate $2,166,957 of American Rescue Plan Act funds for construction of the Meadow Lane and Market Street Paving Project (PJ 2582).
10.Appropriate $120,000 of American Rescue Plan Act and $96,642 of asset forfeiture funds for the purchase of a Police Department Rescue Van, and authorize a single-source purchase to The Armored Group in the not to exceed amount of $216,642 in accordance with Section 3.10.080 of the Concord Municipal Code when only one documented and verified vendor for the product or service exists; and authorize the City Manager to enter into an agreement with The Armored Group in a form acceptable to the City Attorney.
City Council Agenda Report
Agenda Item No. 8.c
February 7, 2023
11.Appropriate $500,000 of American Rescue Plan Act funds for Safety, Security and Cleanliness of the City-owned Parking Garages.
Financial Impact
ARPA funds are one-time funds that if not spent or committed by the ARPA deadlines would need to be returned to the Federal Government.
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the appropriation of American Rescue Plan Act funds to support the staff recommendations does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.
Public Contact
The City Council Agenda was posted.
Attachments
1. Detailed staff spending recommendations
2. Bigbelly specifications and pricing
3. Proposed agreement with Todos Santos Business Association and Exhibits A-B
4. Police rescue van sales proposal from The Armored Group
5. Axon Enterprises, Inc. sales quote
6. Resolution appropriating $6.5 million of one-time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds.
Staff Spending Recommendations for
AMERICAN RESCUE PLAN ACT FUNDS
Priority Focus Area: Quality of Life and Economic Development Name: New Trash Receptacles in Downtown
ARPA Funding Amount: $304,399
Project/program timeframe: Completion by December 2024
Reoccurring costs: The City does not have a replacement fund for street furniture; these items are replaced on an as needed basis using operational funds or as a part of another project.
Description: This project will replace existing and add new trash receptacles in the downtown with new Bigbelly-brand receptacles which will increase capacity and reduce windblown litter and prevent people and animals from removing contents. Cleanliness of the downtown is negatively impacted by visible waste that has been both removed and windblown from existing receptacles. Bigbelly receptacles provide total waste containment through use of a trash chute with hand pull and foot pedal. Once deposited, waste is hidden from view and inaccessible. Dual stream receptacles will be installed in strategic locations to facilitate recycling. The new receptacles facilitate customization using graphic wraps or panels and can be developed in coordination with City partners. Attachment 2 includes pricing and spcefications.
Description Cost
(5) single and (46) double stations with 5-year
warranty
$174,252
Installation 33,300
Message panels/wraps 22,632
Shipping and handling 15,965
Sales tax 18,546
Subtotal $264,695
15% contingency 39,704
ARPA Funding Amount $304,399
Attachment 1
Priority Focus Area: Quality of Life and Fiscal Stability Name: Expanded Wi-Fi at Camp Concord
ARPA Funding Amount: $100,000
Project/program timeframe: Completion by December 2024
Reoccurring costs: $4,500 annually to the IT replacement fund to be built into future City budgets.
Description: Wi-Fi expanded to the main dining hall at Camp Concord for improved internet/technological services for staff and customers. Due to the rugged landscape, large trees, and varying elevations at Camp Concord, there is no line of sight between the current Internet hub and the dining hall. To expand internet connectivity, the project will require up to six high- capacity directional antennas. The cabling will be a combination of fiber optic and copper wire with network switching, conduit, and additional Wi-Fi access points installed to complete the network. This project will require a significant design analysis due to the terrain, subsequently a 25% contingency is included to account for these difficulties. The reoccurring annual costs will be built into the technology replacement fund on a go-forward basis. The project will significantly improve connectivity for customers and staff requiring a consistently reliable wireless signal to their mobile devices which has become a basic customer expectation. The ability for Camp Concord guests to check-in on home or work items during their stay, combined with the technology to minimize dropped calls to the City and emergency personnel from a cell phone is essential. Expanded Wi-Fi service will also open up new group rental markets, such as corporate retreats and training events.
Description Cost
Six antenna systems with switching and
mounting hardware
$30,000
Network switching 10,000
Cabling 5,000
Wi-fi access points 5,000
Implementation services 30,000
Subtotal $80,000
25% contingency 20,000
ARPA Funding Amount $100,000
Priority Focus Area: Quality of Life and Economic Development Name: Downtown Concord Welcome & Cleanliness Program in Partnership with the Todos Santos Business Association – 2-year Pilot
ARPA Funding Amount: $458,494
Project/program timeframe: 18-month pilot
Reoccurring costs: N/A
Description: The Downtown Concord Pilot Program is a partnership with the Todos Santos Business Association (TSBA) to help create a welcoming, clean, and safe environment for visitors and residents through enhanced janitorial services, pressure washing, and private security in Todos Santos Plaza, the two public parking garages, and along public sidewalks within certain portions of the downtown.
The results of the pilot program will be evaluated to determine the viability of a potential Property-based Improvement District (PBID). The pilot will incorporate the following programs:
- Day porter service (1 person) from 9 am to 5 pm, daily - Security service (1 person) from 1 pm to 9 pm, daily
- Power washing (up to 20 hours per month) focusing on the garages and sidewalks on an as-needed basis
Total program cost is $513,894. The City of Concord will contribute to the pilot by providing $458,494 in funding to TSBA and enter into an agreement to allow TSBA to select vendors and operate the program on public property. The Brenden Mann Foundation will provide administrative costs and funding in the amount of $55,400. Included as Attachment 3 is the proposed agreement between the City and Todos Santos Business Association.
Description Cost
Day Porter $198,000
Security 262,494
Power Washing 48,000
Program Administration 5,400
Subtotal $513,894
Brenden Mann Contribution:
Funding (50,000)
Program administration (5,400)
ARPA Funding Amount $458,494
Priority Focus Area: Quality of Life
Name: Recreation Services Financial Assistance for Families in Need Program – 2-year Pilot ARPA Funding Amount: $100,000
Project/program timeframe: Summer 2023 and 2024
Reoccurring costs: $50,000 annually if continued beyond initial 2-years.
Description: Develop and implement a scholarship program designed for Concord youth to experience summer recreation programs who may not have the ability to pay the full price.
Examples of programs include youth day/sports camps for elementary and middle school age kids, preschool day camps, teen programs, and swim lessons at Concord Community Pool.
Partial scholarships will be offered with awards covering 50% - 90% of normal enrollment fees.
Participation will be limited and based on funding availability and specific qualification requirements such as being a Concord resident, maximum income criteria and meeting application deadlines. Application information and forms will be available in English and Spanish, and outreach for the program will be coordinated with our community partner agencies.
If the program is successful staff will seek private funding partners and/or consider building into future budgets.
Description Cost
2-week swim lessons (458 kids) $40,305
Youth day camp (90 kids) 29,340
Teen camp (45 kids) 13,815
CIT (20 kids) 6,540
Marketing and administrative support 10,000
ARPA Funding Amount $100,000
Priority Focus Area: Quality of Life and Infrastructure Name: Civic Center Stormwater Cleaning (Greening) Project ARPA Funding Amount: $1,500,000
Project/program timeframe: Summer/Fall 2023
Reoccurring costs: The project is occurring at the Civic Center campus where landscapes are already maintained; funding is budgeted for ongoing maintenance.
Description: The Civic Center campus-wide green infrastructure (GI) project involves the installation of bioretention and other low-impact development (LID) practices to treat impervious surfaces at Civic Center for in-lieu credit against the Green Stormwater Infrastructure mandate within the new Municipal Regional Stormwater Permit (MRP 3.0). The GI improvements typically required during roadway reconstruction will be offset due to these in-lieu credits, allowing the City’s roadway investment dollars to go further. Completion of the Civic Center Greening project will help streamline and reduce the cost of future paving work. Project design in the amount of $200,000 is currently funded by the City’s stormwater fund.
Construction is not yet funded, hence this proposal.
Description Cost
Design $200,000
Construction 1,500,000
Subtotal $1,700,000
Stormwater funding (200,000)
ARPA Funding Amount $1,500,000
Priority Focus Area: Public Safety and Fiscal Stability Name: Information Technology Department and Police Department – Continuation and Enhancement of Safety, Evidentiary, and Accountability Tools ARPA Funding Amount: $850,000
Project/program timeframe: 2023
Reoccurring costs: $155,853 to the equipment replacement fund, which will be built into future budgets.
Description: The City has an existing contract with Axon Enterprises, Inc. for body-worn cameras (BWC) and dashboard-mounted (fleet) cameras. The contract covers both hardware (cameras) and software (the backend operating systems that make the cameras work). It also covers cloud-based secure forensic storage for the cameras, Tasers, as well as other digital evidence that the Police Department collects, such as photographs and video collected by officers. The annual cost of this contract is $335,000 and it expires this calendar year. The other elements discussed herein do not have funding identified or set aside.
Staff is proposing a comprehensive, subscription-based contract to purchase, which is anticipated to include the following: updated BWC, Fleet cameras, Interview Room Cameras, Tasers, and evidentiary hardware and software, which includes auditing and accountability tools.
Body-worn cameras. PD will continue to use Axon BWC with the addition of some flexible-head cameras to more accurately capture incidents when officers are wearing heavy vests and equipment, such as in a tactical environment.
Fleet cameras. PD’s Fleet cameras, will be upgraded to a more robust and reliable version. These cameras more accurately capture information such as the officer’s speed and are capable of integrating with Flock license plate reading technology; they may act as a service multiplier and accountability tool.
Interview room cameras. PD currently has an older low-tech, and at times unreliable, camera system in the interview rooms inside its headquarters building. This new contract would include the installation and operation of interview room cameras that would upload directly to the same forensic storage as BWC and Fleet and support PDs evidentiary needs.
Tasers. The Tasers used by Concord PD were purchased in 2016 and have reached end of life.
The equipment came with a seven-year warranty which expires in August 2023. The older X26P Tasers required officers to periodically manually plug in and upload their devices to capture data and upload it to the forensic digital storage. The new Taser7s that would be purchased as part of this contract automatically sync usage data at the end of every officer’s shift. This data allows supervisors to audit equipment usage to ensure that protocols are followed. The proposed contract includes these updated Tasers.
Evidentiary hardware and software, and accountability tools. An important aspect of the proposed contract is the included backend software that records and stores data from the Tasers and video from all three camera systems (BWC, Fleet, and Interview). This software has built in auditing and accountability tools. These tools insure that supervisors routinely audit in an objective manner how and when their officers record video and use their Tasers. Additionally, it transcribes audio from the video feeds. This functionality is critical both in routine police investigations and when there are allegations of employee misconduct. The transcription software allows investigators to instantly perform keyword searches to find the specific use of a word or event in video. As it is now, such an investigation would involve hours of work to manually review footage. The software streamlines work and acts as a service multiplier.
Costs. The total quoted cost of a five-year subscription is $572,806.81 annually ($2,864,034.05 over five years). The PD and IT would also ask for a 10% contingency to be budgeted should any unforeseen installation, hardware, and integration costs occur over the course of the five year contract. With this contingency, the total cost of the five-year subscription is $630,087.49 annually ($3,150,437.46 over five years). The City has $335,404.57 budgeted each year for the existing contract ($1.67 million over five years). The combination of the $1.67 million plus the proposed $850,000 ARPA funds leave a remainder of $623,414.61. The unfunded amount will be built into future budgets, spread over four years, at $155,853.65 per year. At the end of the five-year subscription period, the City must renew the contract or search for alternatives (note that no viable alternatives are currently available). The sales quote is included as Attachment 5.
Summary: The proposed contract provides operational efficiency gains, greater accountability of staff, supports evidentiary needs of court cases, and creates a more accurate and predictable means of cost forecasting. Under the subscription model the public safety items are warrantied and replaced at no cost if broken/failed. Police Department staff analyzed the subscription model versus ownership model of these described tools and found the proposed contract to be cost neutral.
Description 5-year Cost
Five-year Subscription $3,150,437
Less available funding (1,677,025)
Less ARPA Funding Amount (850,000)
Remaining Costs $623,412
Number of years amortized 4*
Reoccurring Annual Cost (4 years*) $155,853
*ARPA will fully fund year 1 of the 5-year contract and a portion of year 2. The remaining unfunded portion is
$623,412; the unfunded amount will be built into future budgets, spread over four years, at $155,853 each year.
Priority Focus Area: Public Safety
Name: Cameras and Lighting at Public Works and City Recreation Facilities ARPA Funding Amount: $300,150
Project/program timeframe: Completion by December 2024
Reoccurring costs: $25,000 annually to the IT replacement fund.
Description: This project will improve public safety by increasing the lighting and surveillance capabilities at the Public Works main campus and four City of Concord Recreation facilities, Enhanced lighting and addition of camera systems will improve visibility and allow for monitoring, security, and protection at the properties. Cameras at the pool will be outward facing on the exterior portion of the facility; no cameras will be pointed toward the pool, pool deck, or restroom/shower areas. The reoccurring annual costs will be built into the technology replacement fund on a go-forward basis.
Description Cost
Public Works cameras (20 cameras, hardware
and installation)
$60,000
Senior Center (7 cameras, hardware and
installation)
21,000
Concord Community Pool – facility exteriors,
not interior pool area (6 cameras, hardware
and installation)
18,000
Willow Pass Park (6 cameras, hardware and
installation)
18,000
Center Concord (6 cameras, hardware and
installation)
18,000
Outdoor lighting improvements for above
locations (hardware and installation)
50,000
Video management server licensing, storage,
cabling and switching
76,000
Subtotal $261,000
15% contingency 39,150
ARPA Funding Amount $300,150
Priority Focus Area: Public Safety and Quality of Life
Name: Overnight Summer Camp Experience for At-Risk Youth – 2-Year Pilot ARPA Funding Amount: $100,000
Project/program timeframe: Summer 2023 and 2024
Reoccurring costs: $50,000 annually if continued beyond initial 2-years.
Description: This partnership between the Concord Police and Recreation Services departments will provide a youth camp weekend at Camp Concord for at-risk/underserved youth ages 11–13.
The 3-night, 4-day residential summer camp will offer a structured camping experience with a mix of challenging physical, mental, and emotional activities. Modeled after existing programs such as Camp Chance, a program created by the San Rafael Police Department in collaboration with the Marin County Sheriff's Department and the Marin County Office of Education, the pilot program will provide adult leadership for all camp activities and facilitated workshops on topics relevant to today's youth, including anger management and bullying. It will also offer nature- based camp activities, consisting of canoeing and kayaking, hiking, archery, and campfires.
Concord police officers (volunteering to participate in this program) will participate alongside youth campers throughout the weekend. The informal and personal contact with police personnel is a win-win for the campers, the Police Department, and the community. This is based on the belief that when children feel more connected with their community and build good relationships with their police officers, they are less likely to be involved in destructive behavior and criminal activity. The camp will provide essential tools and relationships that can be used immediately and into the future to assist in making better decisions, increasing self-esteem, and providing a different narrative for how law enforcement works within our community. The Concord Police Department will identify the campers/youth invited to participate in this specialized program at Camp Concord through our nonprofit community based organizations. Transportation will be provided for all participants from Concord to Camp Concord in South Lake Tahoe. This program will be comprised of the following main components:
- Trust building
- Anger Management and anti-bullying
- Understanding campers/youth current impression of law enforcement - Human side of law enforcement
- What law enforcement does
- Nature-based camp activities
Description Cost
Program costs $43,500
Transportation 6,500
1-Year Cost $50,000
ARPA Funding Amount $100,000
Priority Focus Area: Quality of Life and Infrastructure Name: Meadow Lane and Market Street Paving Project
ARPA Funding Amount: $2,166,957
Project/program timeframe: 2023
Reoccurring costs: N/A
Description: This is a roadway rehabilitation and maintenance project to affect repairs and resurface Meadow Lane from Monument Boulevard to Market Street at Willow Pass Road.
Design work has indicated the need for more costly base repairs and overall pavement treatment depth than was originally estimated for the cost of construction. The total project budget is estimated at $5.9 million, with $3.7 million currently allocated from the 2021 debt issuance made possible through Measure V. This project will help maintain the objective of the Five- Year Pavement Expenditure Plan to stop the decline of the City’s Pavement Condition Index (PCI) and increase year after year the quality of Concord’s roadways. Completion of this critical arterial pavement project requires an additional $2.2 million in funding for construction. After the proposed $2,180,841 investment is made a funding gap of $19,159 remains. Staff is confident they will be able to identify this remaining small amount of funding, if needed, when the construction contract is awarded. Project design for the project is complete and the project is out to bid with a closing date of February 23. Staff expects to award the contract on March 28, with construction beginning in May and completing in September.
Description Cost
Project cost $5,900,000
Measure V funding (3,700,000)
Less ARPA Funding Amount (2,166,957)
Remaining Funding Gap $33,043
Priority Focus Area: Public Safety
Name: Police Department Rescue Van
ARPA Funding Amount: $120,000
Project/program timeframe: 2023
Reoccurring costs: $14,923 annually to the vehicle replacement fund Description: This is the purchase of a modern and reliable rescue van capable of responding to crisis incidents, the rescue of injured persons/officers, and active shooter situations. Similar to an Amazon delivery van, the vehicle is constructed on a Ford T350 chassis and can be driven by any Police Department employee for emergency purposes. The Police Department’s existing rescue van was constructed in 1993. The vehicle was donated to the City, therefore it was not part of the City’s fleet replacement program, and no funds have been set aside for this vehicle’s replacement. The existing van is far beyond end of life and no longer safe or reliable to use. As an example, the side passenger doors recently broke during an operation. Repair parts are only available through salvage yards; the City has decommissioned the vehicle. The new van will be added to the City’s fleet so that it is included in the replacement fund. The new van will reach end of life after fifteen years. The purchase price of the van is $180,535 and a contingency of 20% is being included in the total cost to account for additional fees (registration, taxes) and any necessary outfitting. ARPA funding will provide $120,000 as the primary funding source and the balance, to include the 20% contingency, if necessary ($96,642) will come from the City’s asset forfeiture funds. The sales quotation is included as Attachment 4.
Description Cost
Rescue van purchase $180,535
20% contingency 36,107
Subtotal $216,642
Less asset forfeiture funds (96,642)
ARPA Funding Amount $120,000
Priority Focus Area: Quality of Life and Economic Development Name: Safety, Security and Cleanliness of City-Owned Parking Garages ARPA Funding Amount: $500,000
Project/program timeframe: 2023
Reoccurring costs: N/A
Description: The project will improve and enhance the cleanliness, safety, and security of the City-owned parking garages. The project will include full structure pressure washing of both City-owned garages, general cleanups of debris, and graffiti abatement of the garages to enhance the overall cleanliness and safety. A new coat of paint will be applied after the initial general cleanup and pressure washing. The project will also replace broken windows and damaged signs, and install additional new LED lights and security cameras to prevent and minimize vandalism.
The new cameras will be a combination of regular security cameras and those equipped with license plate reading technology to support PD follow up to crime in the garages, and thus enhance the overall security and safety of people and vehicles using our City owned and operated garages.
Description Cost
Wall painting $150,000
Pressure washing 87,000
Window replacement 85,000
Signage 4,667
Cameras and lighting 90,000
Subtotal $416,667
20% contingency 83,333
ARPA Funding Amount $500,000
January 17, 2023
Quote Number: Q41555-1
JB / JB
v2023J
an5
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 Prices valid until February 17th, 2023
BIGBELLY SYSTEM QUOTATION
Prepared By: Bill To: Ship To:
John Bustamante
Bigbelly Solar City of Concord CA City of Concord CA
150 A St, Ste 103 1950 Parkside Drive, MS/1B
Needham, MA 02494 Concord, CA 94519 ,
(510) 774-9190
[email protected]
This order includes the following items:
QTY ITEM EXTENDED
PRICE
46 SC5.5/SC5.5 Basic Double Station with Hoppers, Foot Pedals, Message Panels, Bar-Style Lift Bins, Installation, and Five Year Warranty
$164,422.40
5 SC5.5 Single Station Basic with Hopper, Foot Pedal, Message Panels, Bar-Style Lift Bin, Installation, and Five Year Warranty
$9,829.50
Station pricing includes 10% volume discount based on quantity 97 components Shipping & Handling (one time): $15,965.00
Purchase Option Total System Cost*: $190,216.90 USD
* Total does not include applicable sales or use taxes.
Sincerely, John Bustamante
Bigbelly Solar, LLC
Wire Transfer Info: Middlesex Savings Bank. ▪ Acct Name: Big Belly Solar LLC ▪ Account # 166849558 ▪ Routing # 2113712270 ▪ Int’l Swift # MDSXUS3N All Purchase Orders must reference the above Quote Number (upper right).
This Quotation is subject to the attached Terms and Conditions of Sale, which are attached hereto and incorporated herein, and expressly acknowledged and accepted by Customer as signified by the duly authorized signature below.
ACCEPTED AND AGREED BY:
CUSTOMER
By: ____________________________________________
Pr
int Name: _____________________________________
Title
: ___________________________________________
Dat
e: ___________________________________________
Attachment 2
January 17, 2023
Quote Number: Q41555-1
JB / JB
v2023Jan5
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651
TERMS AND CONDITIONS OF SALE
Version 9.24.2018
The following Terms and Conditions of Sale (“Agreement”) are applicable to any order placed by Customer pursuant to a valid Bigbelly Quotation (“Quotation”) that is accepted by Bigbelly (“Order”). Acceptance by Customer of this Agreement, which shall be signified by Customer’s duly authorized signature on the face hereof, shall be required for Bigb elly’s acceptance of an Order.
1. SCOPE OF AGREEMENT. Bigbelly, upon acceptance of an Order placed by Customer, will supply the products to be delivered (“Products”) and services to be performed (“Services”) as specified in the Quotation to Customer, pursuant to this Agreement and its attachments. Bigbelly’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, acknowledgements or other documents. The details of the Products and Services (e.g. quantity, price, and product specifications) shall be set forth in the relevant Quotation.
2. ON-SITE SERVICES. In the event any on-site services (such as installation, warranty repairs) are required as part of the Products and Services, the additional terms set forth in Attachment A attached hereto shall also apply.
3. PRICE AND PAYMENT. (a) The prices payable by Customer for the Products and Services by Bigbelly under this Agreement will be specified in the applicable Quotation.
Unless otherwise expressly stated in a Quotation, all prices exclude shipping and applicable taxes, all of which are at Custo mer’s expense. (b) Fees shall become payable upon Bigbelly’s acceptance of an Order, unless otherwise determined by Bigbelly and agreed to in writing. All late payments made outside of the agreed upon payment terms will be subject to interest at the rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest amount allowed under applica ble law. Where upfront payment is required, Bigbelly further reserves the right to withhold shipment of the Products and delay performance of the Services until full payment is made. Any failure by Bigbelly to provide an invoice in a timely manner shall n ot affect Customer’s obligation to make payments. (c) Upon reasonable request by Bigbelly, Customer shall provide evidence of it s financial capacity and such other information as Bigbelly reasonably requests to determine credit status or credits limits. (d) Customer shall provide notice within five (5) business days of the occurrence of any event which materially affects Customer’s ability to perform its obligations under this Agreement.
4. SHIPPING AND DELIVERY. Unless otherwise specified and agreed in an Order, Products and Services will be delivered FOB Origin (Bigbelly’s manufacturing facility) and will be shipped to Customer at the address provided via carriers selected by Bigbelly at the Customer’s expense. The Parties shal l mutually agree on any applicable delivery requirements for all Products and Services specified on an applicable Quotation before such Order will be processed. If no delivery requi rements are otherwise specified and agreed, Bigbelly shall process any Order upon receipt of the signed Agreement and Customer’s fulfillment of any other order processing requirements set forth by Bigbelly in its sole discreti on.
5. INSPECTION AND ACCEPTANCE. Customer shall promptly inspect the Products and Services upon delivery or completion. In the event Products or Services are received damaged, defective or not to specification, Customer shall provide Bigbelly with prompt notice of the alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance.
6. SOFTWARE LICENSE. Customer’s use of the software provided as a Product and Service (“Software”) is subject to the CLEAN Software License Agreement that accompanies delivery of the Software. All applicable terms, provisions and agreements set forth in the CLEAN Software License Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Agreement are inconsistent with the terms of the CLEAN Software License Agreement, the terms set forth herein shall apply.
7. WARRANTY. Bigbelly warrants the Products and Services provided pursuant to a Quotation and this Agreement against manufacturer defects or defects in workmanship, under normal use and service, subject to the exclusions, limitations and conditions set forth in the Bigbelly Standard Limited Warranty.
8. BREACH. In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Quotation or this Agreement, the non- breaching party shall have the right to: (a) terminate the Quotation immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Quotat ion or this Agreement shall not constitute a waiver of Bigbelly’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Customer shall provide Bigbelly with prompt notice of any alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reas onable opportunity to cure any such alleged non- conformance or breach.
9. LIMITATIAON OF LIABILITY. IN NO EVENT SHALL BIGBELLY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. BIGBELLY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND ANY QUOTATION SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER UNDER THE QUOTATION UPON WHICH A CLAIM IS BASED.
10. INDEMNIFICATION. Each party, as Indemnitor, shall indemnify, defend and hold harmless the other party, as Indemnitee, its officers, directors, employees, agent s, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorne y fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Quotation or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts or omissions in carrying out its obligations under the Quotation or the Agreement; provided that in no event shall Bi gbelly be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Customer (including the use of information, artwork, logos, and/or trademarks provided by Customer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party ’s own negligence or willful misconduct.
11. CUSTOMER MATERIALS AND DATA. (a) Customer represents and warrants that any matter it furnishes for the Products or performanc e of the Services by Bigbelly does not infringe any copyright or trademark or other intellectual property rights of any third party nor does it otherwise violate any laws or infringe the rights of any third par ty. (b) Customer warrants that it has the right to use, and to have Bigbelly use on behalf of Customer, any data provided to Bigbel ly by Customer, including specifically customer names, identifying information, addresses and other contact information and related personal information.
12. INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, know -how, work product and information or other intellectual property embodying proprietary data existing and owned by Bigbelly as of the da te of the Quotation, or made or conceived by employees, consultants, representatives or agents of Bigbelly during the term of this Agreement, shall be and remain at all times the sole and exclus ive property of Bigbelly. Customer will obtain no rights thereto other than the limited rights set forth in this Agreement. Without limiting the generality of the foregoing, the parties agree that Bigbelly will own all Software, including all modifications, upgrades and enhancements thereto made during the term of this Agreement.
13. FORCE MAJEURE. Any delay or failure of either party to perform its obligations (other than Customer’s payment obligation) shall be excused if such failure is caused by an extraordinary event or occurrence beyond the control of the nonperforming party, such as acts of God, fires, floods, windstor ms, explosions, natural disasters, wars and sabotage. Each party shall promptly notify the other of the reason for the delay and use its best efforts in curing such cause and shall tak e all action practicable to minimize the adverse impact of the delay on the other party.
14. GOVERNING LAW. Each Quotation and this Agreement shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. The Parties further agree (i) that any dispute, controversy or claim arising out of or related to this Agreement shall be brought and settled in the state or federal courts located in Boston, Massachusetts; (ii) to irrevocably submit to the exclusive jurisdiction of any such court; a nd (iii) to waive any right to a jury trial in any litigation arising out of or related to this Agreement.
15. COMPLIANCE. Each party shall comply with all state, federal and local laws and regulations applicable to its performance here under.
16. ASSIGNMENT. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Bigbelly. Pur suant to a valid assignment, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respe ctive successors and assigns of the Parties.
17. AMENDMENT AND WAIVER. This Agreement shall not be amended or modified in any way except by a subsequent written agreement signed by authorized persons of both Parties. Any amendment or waiver effected in accordance with this section shall be binding upon the Parties and their respective successors and assigns. The waiver by a Party of any breach by the other Party will not operate or be interpreted as a waiver of any other or subsequent breach, nor shall the failure or delay in exercising any right or seeking any remedy hereunder operate as a waiver thereof.
18. SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenf orceable, in whole or in part, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreeme nt shall continue in full force and effect and not be affected thereby.
19. SURVIVAL. In the event any provision of the Quotation or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, o wnership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the ter mination of the Order and this Agreement.
20. NOTICE. Any notice required to be delivered pursuant to this Agreement shall be deemed given when personally delivered to recipi ent thereof or mailed by registered mail or certified mail, return receipt requested, to the addresses on the Quotation or to such address as either party may designate in the future.
January 17, 2023
Quote Number: Q41555-1
JB / JB
v2023Jan5
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651
21. ENTIRE AGREEMENT. Each Quotation, together with this Agreement including the Attachments, constitute the entire agreement between the Parties regarding the subject matter hereof and merges and supersede all prior agreements, oral and written, understandings, commitments and writings. Any Order, purchase order or other ordering or acceptance document issued by Customer is for administrative purposes only and does not form part of this Agreement or a mend the terms hereof. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the t erms and conditions of this Agreement shall control. The Quotation or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the par ties to be bound thereby.
22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an origi nal and together shall constitute one instrument.
ATTACHMENT A
ADDITIONAL TERMS FOR ON-SITE SERVICES
In the event Bigbelly or its authorized service provides must come on-site to Customer’s property in order to perform certain services as part of the Products or Services, the Parties agree that the following terms and conditions shall also apply, as applicable.
For purposes of this Attachment A, the ‘Agreement’ shall mean the Terms and Conditions of Sale executed between the Parties t o which this Attachment A is affixed. The meaning of capitalized and undefined terms appearing herein shall be as set forth in the Agreement unless otherwise indicated. In the event of a conflict between this Attachment A and the Agreement, the terms and conditions of this Attachment A shall prevail solely with respect to the subject matter herein. The terms and conditions of this Attachment A are hereby incorporated into the Agreement by reference.
1. INFORMATION AND ACCESS. Customer agrees that Bigbelly’s ability perform the Services under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by the Agreement shall be extended in the event that Customer fails to provide such information and/or access to Bigbelly in a timely manner.
2. SITE PREPARATION. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly’s specifications. If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly pr epare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbell y stations will be installed.
3. INSTALLATION. Bigbelly will install the equipment at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the Parties prior to commencement of the Services.
4. INSURANCE. Bigbelly shall maintain, during its performance of the Services provided hereunder, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Bigbelly. Bigbelly shall furnish copies of such insurance policies upon request.
Hardware
Configuration
Options & Accessories
SMART SOLUTIONS FOR CITIES
1802
Exhibit B
Bigbelly’s Suite of Smart, Connected Waste & Recycling Stations Bigbelly is the world leader of smart waste & recycling solutions for public spaces. Communities deploy smart, solar-powered, sensor-equipped waste & recycling stations that communicate their real-time status to streamline waste management operations.
Each Bigbelly deployment is comprised of a customized fleet of smart waste & recycling stations.
An assessment of the unique challenges and needs of each public space determines the best suited combination of capacity, waste stream, and accessories/options. Stations can be configured as standalone single stations or as multi-stream double or triple stations to accommodate each community’s waste stream collections. The full suite of smart stations are field-proven to be durable and street-tough across all environmental conditions. 1802
On-board GPS
provides accurate
and up-to-date
geolocation
for the most
precise location-
based data.
Stations are
self-powered
(compactors are
solar-powered)
& do not require
connection to an
electrical grid.
Sensors located
inside each station
continuously
measure the
fullness status,
door opens, and
collection activity.
Two capacities
(high & standard)
are available
to match the
varying waste
volume needs in
every location.
Each smart
station analyzes
and monitors its
status to make
decisions about
communications,
fullness & alerts.
Smart stations
communicate their
real-time status
and activity to the
cloud management
system via cellular
connection.
High Capacity Stations (HC5)
Smart, Solar-Powered Compacting Model
• Senses & Communicates Fullness Level
• Capacity: 150 Gallons (~570 liters)
• Built-in Compactor (5:1 Compaction Ratio)
• Enclosed Design with Hopper
Standard Capacity Stations (SC5.5)
Smart, Self-Powered Non-Compacting Model
• Senses & Communicates Fullness Level
• Capacity: 50 Gallons (~190 liters)
• Enclosed Design with Optional Hopper
Multi-Stream Configurations
Stations are modular and support any
combination of waste streams at each location.
Waste Streams Available: Trash, Recycling - Single
Stream, Bottles & Cans, Paper, and Compost/Organics.
Options & Accessories
• Foot Pedal for Hands-Free Use
• Wheeled Interior Lift Bin
• Graphic Wraps, Message Panels and Stickers
• Ashtray and Stub-Out Plates
• Security System with Physical Plates
• External A/C Adapter for Indoor Use
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Waste Disposal Options: Hoppers & Faceplates
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Your Bigbelly system is fully customized to meet the needs and goals of your public space based on enclosure preferences and waste steam (landfill, single vs. multi-stream recycling, compost or organics).
For High Capacity (HC5) compacting units, select a waste stream for the enclosed hopper assembly. HCs are always enclosed with a hopper to ensure a physcial barrier between the public and the compaction mechanism. In addition to putting safety first, the HC Hopper provides an always enclosed unit to keep waste in and pests out.
For Standard Capacity (SC5.5) non-compacting units, first select either an open interface with a faceplate (which includes appropriate deposit holes) or an enclosed hopper assembly, then select a waste stream. With the SC Hopper upgrade option, SC units become a completely contained system with a similar aesthetic to HC units’ always enclosed design. The SC Hopper keeps waste in and pests out to ensure public space beautification.
Enclosed Hopper
Standard for HC5
Upgrade option for SC5.5
Landfill Waste Recycling Compost
Single Stream
Recycling
Paper
Recycling
Bottle & Cans
Recycling
Landfill Waste
Open Faceplate
Standard for SC5.5
Example of SC-SC Double Station
with SC Hopper for Recycling
and SC Hopper for Trash
Example of HC-SC-HC Triple Station
with HC Hopper for Cans & Bottles Recycling,
SC Faceplate for Paper Recycling
and HC Hopper for Trash
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Foot Pedal Option for HC and SC
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For hands-free waste disposal, Bigbelly offers a foot pedal for current generation High Capacity (HC5) and Standard Capacity (SC5.5) stations. Add the amenity and functionality of a foot pedal to enclosed, hopper-equipped stations in your public spaces. Stations with foot pedal upgrade feature the durability and quality of standard compacting and non-compacting stations plus the convenience of hands-free operation, all while keeping waste contained and pests at bay. The step-on foot pedal feature allows for hands-free
operation of any HC5 station, and any SC5.5 station that is upgraded to an enclosed hopper interface .
The foot pedal is crafted and constructed with strong and durable aluminum and stainless steel, engineered for a
smooth and effortless step-on operation.
The foot pedal front door has been designed and tested to last over 10 years of tough operation. Bigbelly’s rigorous lifecycle and durability testing coupled with controlled field introductions prove functional and environmental
endurance. Safety is a priority with our foot pedal designed to initiate a slow “dampened” opening of the hopper as to not injure a small child or a person in a wheelchair
Foot pedal operated HC5 and SC5.5 units are self-closing and maintain Bigbelly’s proven enclosed design for waste and odor control.
Available factory-installed for any HC5 Components, and SC5.5 Components that are ordered with the SC Hopper.
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Custom Station Wraps
Rear / street-facing
(Optional rear door details on next page)
1120mm
44.1”
579mm
22.8”
1120mm
44.1”
579mm
22.8”
Side of Bigbelly 5 or Smartbelly 5
1059mm
41.7”
576mm
22.7”
109mm
4.3”
140mm
5.5”
572mm
22.5”
682mm
26.8”
Front / side-walk facing
1115mm
43.9”
803mm
31.6”
572mm
22.5”
Station Wrap Dimensions
Leverage your Bigbelly stations’ hardware as an eye-catching messaging platform. Drive attention to your desired branding impressions and reach your target audience in a concentrated and visible way. Any configuration of High Capacity and Standard Capacity model stations can be wrapped on all sides. Customizable station wraps are available for any combination of station types. Promote your brand, public service announcements, sponsorships, advertising, and more. The wraps are full-color durable vinyl material and handle any type of weather while resisting fading. Bigbelly’s design consultants are available to help you with your design or you can provide your own. Anti-graffiti wrap options also available for commonly vandalized areas. Factory installed prior to deployment. Refer to Wrap Spec Sheet for full dimensions & additional information.
Front / Sidewalk Facing Rear / Street FacingSide of Station 1802
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Message Panels & Stickers
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[Front / side-walk facing]
Stickers / Decals
[Rear / street-facing]
University Medical Campus Map
Rear Message Panel
[Side of Bigbelly 5 or Smartbelly 5]
Message Panel
Message panels are perfect if you plan to change out your messaging/advertising regularly for events, seasonal campaigns, or rotating public service announcements. Message panels are frames to protect and display posters or ads on the sides of stations. Frame access is secured with tamper-resistant screws which are easy to use to change out graphics Powder coated aluminum frame with clear polycarbonate face is durable and weather resistant. Factory installed panel; advertisement interchangeable in the field. Stickers provide you with a smaller, customizable graphic intended to be permanent. Bigbelly’s design consultants are available to help you with your design or you can provide your own. Oftentimes a logo is a powerful and lasting design that pairs well with rotating message panels. Factory installed prior to deployment.
Please refer to Messaging Options Spec Sheet for full options, dimensions and additional information.
Front / Sidewalk Facing Rear / Street FacingSide of Station
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Standardized Recycling Labels
Brought to Bigbelly Customers by Recycle Across America Standardized Labels in Partnership with Recycle Across America Bigbelly’s world leading smart waste and recycling solution notifies collection crews when bins are ready for pick-up, then measure and report on recycling diversion.
This smart, sustainable solution provides uniform recycling program and offers distinctive, standardized recycling education at the point of disposal… a win-win! Bigbelly has partnered with Recycle Across America ( www.recycleacrossamerica.org), the 501(c)(3) nonprofit organization on a mission to implement a standardized label solution to make it easy for society to recycling right.
Let’s recycle right! Our partnership delivers RAA’s standardized labels custom-sized for Bigbelly’s smart waste & recycling stations - compatible with both High Capacity (HC) and Standard Capacity (SC) models.
Standardized labels further enhance the impact of Bigbelly’s uniform system that measures and reports on recycling diversion while reducing communities’ overall environmental footprint. Help make your recycling programs thrive with Recycle Across America’s standardized labels on your new Bigbelly stations.
Recycle Across America offers labels for every sorting need that come in two sizes: 11x17-inch (for placement on the station front doors) as well as Message Panel Inserts with their celebrity Let’s recycle right! PSAs (18x30-inch).
Explore and order standardized labels custom-sized for Bigbelly units: www.recycleacrossamerica.org/bigbelly-bins Recycle Across America has created the world’s first
and only society-wide standardized labels for bins
to make it easy for people to recycle right wherever
they are, and therefore help recycling and closed-loop
manufacturing begin to thrive. The standardized labels
are proven to increase recycling levels 50-100% and
dramatically decrease the amount of contamination
(aka garbage) thrown in recycling bins; therefore,
improving the financial viability of recycling.
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Ashtray & Stub-Out Plates
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Bigbelly offers ashtrays and stub-out plates to encourage proper disposal of cigarettes in your outdoor public spaces.
Option 1: Ashtray with Stub-Out Plates
The ashtray is accessible by the user on the front
door beneath the hopper.
The ashtray bin is easy to empty when collecting the
station’s waste.
The stub-out plates are located on each side of the
station to encourage smokers to stub out their
cigarette on the intended plate rather than the
HC5’s plastic solar panel bubble or exterior plastic.
Ashtray and two stub-out plates per station are
factory installed.
Option 2: Stub-Out Plates (2 per station)
Available for HC5 Components.
Front Door Inside Front Door Removable
Ashtray
Stub-Out Plate
Ashtray with Built-In
Stub-Out Plate
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
High Energy Solar Panels
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Bigbelly recommends an High Energy Solar Panel for an European, Canadian, or urban canyon locations (tall skyscrapers blocking light from the street level) to ensure plentiful energy collection.
Solar-powered waste compactors must function successfully over the life of the station using only the solar energy available at waste bin locations. This means success without direct sunlight, in high latitudes, short days of winter, high traffic, and shaded locations. While the standard HC5 solar panels pack a punch, some areas of the world simply do not get as much sunlight as others. Consider the short daylight hours of Northern Scandinavia and Canada compared to the long sunny days of Australia and the Middle East, or the “urban canyons” of high- traffic New York City compared to a suburban college campus.
High Energy Solar Panels are factory-installed prior to deployment and will be recommended by your account manager if needed. All HC5 solar-powered waste compactors come equipped with BIgbelly’s patented energy management technology. High Energy options are not required or available for the battery-powered SC5.5 model.
Standard
Solar Panel
High Energy
Solar Panel
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
The Bigbelly system benefits can be taken indoors by leveraging an external power supply in order to provide power to stations for compaction and communication with CLEAN.
The Bigbelly system can be used indoors in public spaces such as corporate offices, indoor cafeterias, malls and retail stores, college residence halls, and healthcare public spaces. Bring reduced collection frequency, remote monitoring, and total waste containment inside.
The fundamental design of the Bigbelly HC station only utilizes low voltage (12V) inside the station. All energy required for compactions, communications, and standby is pulled from a 12V battery. The use of low voltage and a grounded chassis eliminates any possible for electric shock. Indoor usage of HC5 model station runs on the same safe, low voltage system with battery storage. The addition of an A/C adapter turns HC5 stations into a hybrid system with two power sources in the case that your station is every moved for outside use. The Bigbelly HC station uses a fully certified DC power adaptor that is located outside of the station and uses less than .25A at 120V. This power adaptor provides the DC voltage to the station that is used to charge the internal battery. The A/C adapter plugs into the back of the station using standard 110/220 Volt outlets with plug connectors for USA, UK, and European markets.
External Power Supply is not required or available for the battery-powered SC5.5 model which properly functions in either indoor or outdoor environments. The SC5.5’s Alkaline battery has a lifespan of ~8 years.
Indoor Use - External Power Supply
1802
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Hopper Liner
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Bigbelly offers removable Hopper Liners are that easy
to clean off-site and will keep your HC and SC hopper
interiors neat and tidy.
While Bigbelly’s stations are built street tough and
durable, receptacles in areas with high amounts of
organic waste - such as ice cream shops, food courts,
picnic areas, and transit stops - can leave unsightly
hoppers. Eliminate the complaints and the mess by
adding hopper liners to your stations.
Help keep surfaces presentable: hopper liners are
recommended to keep the main chute to the interior bin as clean as possible when patrons deposit waste. Deters bees and bugs: Sugary foods and drink residue attract bees and other insects. Keep the hopper clean to prevent your station from becoming a bug magnet.
All HC5 stations and SC5.5 stations with SC Hopper upgrade ship with one hopper liner; additional are available to purchase as spare parts. Two hopper liners per station are recommended - one for station use and one for replacement when the alternate is being cleaned. The durable plastic design is tested to withstand pressure washing. Multi-time use is encouraged.
When hopper liners are ready to be permanently replaced after multiple uses, they can be recycled.
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Wheeled Interior Lift Bin (Bar & Comb Styles)
1802
Refuse collection trucks with a semi-automated lift arm loader are increasingly popular around the world for waste collection. Semi-automated collection vehicles feature a lift arm compatible with wheeled bins. This collection technique eases collection work while reducing the risk of injury due to lifting or maneuvering heavy waste bins. For customers using bar- and comb- style semi-automated lift arm collection vehicles, Bigbelly offers a durable and ergonomic wheeled lift bin. This lift bin option is available for both HC and SC units instead of the standard inner bin. Semi-automatic collection trucks with wheeled lift bins are increasingly used to reduce the heavy lifting associated with refuse collection. This is an advantage for many cities and towns which strive towards the most safe and productive waste collection.
The combination of the lift bin collection technique and optimized use of the Bigbelly smart waste and recycling system provides the most efficient public space waste operations.
The HC lift bin is the only lift arm compatible bin proven to work effectively with compaction technology. The wheeled lift bin for HC features a patented telescoping design which allows it to be identical in size to a standard HC5 interior bin when collapsed. It expands vertically to support compatible lift arm collection systems.
The SC lift bin features a custom wheeled design, allowing for ergonomic collection with purpose-built fit for the station to ensure proper waste flow into inner bin while matching height requirements. Both HC and SC Lift Bins are available in either comb-style and bar-style lift arm versions. New orders and field upgrades are available for use with current generation stations designated for any waste stream. Lift-Arm Mechanism Compatibility:
Bar-Style: US 2-Bar; Type B (ANSI Z245.60-2008)
Comb-Style: DIN EN 1501-5
Collapsed
Lift Bin
Expanded
Lift Bin
Pictured: Comb-Style Lift Arm
Also available: Bar-Style Lift Arm
HC Lift Bin
Patented Collapsing Bin Design for
Maximum Compaction Capability
SC Lift Bin
Purpose-Built Design for Ergonomic
Collection & Proper Waste Flow
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Security System
1802
For high profile public space events, Bigbelly offers a complete security package for your system. The Bigbelly Security System consists of two components - the Security Management Module within CLEAN that enables operations to set up and manage security events and physical Security Plates that prevent access to the stations.
The Bigbelly Security System restricts physical access to stations and alerts authorities via email or text if a station is breached. The system saves operational time and costs by eliminating the need to remove Bigbelly stations during special events.
Security Management Module
The Security Management Module resides within Bigbelly’s CLEAN Management Console and provides the following functionality via an easy-to-use set up wizard:
Event Creation - Create and easily add or delete stations from a security event via interactive map
Event Scheduling - Stations are automatically placed into and removed from Secure Mode based on the specified event start and end time
Security Notifications - Alerts and Notifications can be sent to any staff or law enforcement personnel
Security Dashboard - Easily monitor and manage security events directly within the CLEAN software platform
Security Plates
Security Plates are installed during special events to prevent access to your fleet of Bigbelly smart stations.
Custom graphics can be added to communicate that the stations are out of service. Security plates are available for purchase by all new customers and existing customers.
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Station Upkeep Supplies
1802
Waste & Recycling Liner Bags
Solar Bubble Plastic Cleaning Kit
Bigbelly recommends the usage of our customized WasteZero waste and recycling bags to optimum performance.
High Capacity station bags are sold by the case, 50 bags/case. Standard Capacity station bags are sold by the case, 100 bags/case. Liner bags are available to purchase with all initial Bigbelly station orders. Refills may be purchased from preferred partner, WasteZero, at shop.wastezero.com/Bigbelly/ or +1-800-866-3954.
Refer to Liner Bag Spec Sheet for compatible heavy duty liner bag specifications and additional information.
A three step cleaning and polishing kit is available for the plastic solar bubble of any Bigbelly machine.
If your station’s solar bubble is appearing cloudy or hazy, we recommend this cleaning & polishing kit.
Three step cleaning process that clears any dirt or fog from the solar bubble and the solution also fills in any minor cracks or scratches on the plastic.
An odor mask kit and refill pads are available for purchase and field installation for your Bigbelly smart waste fleet. While Bigbelly stations’ enclosed design keeps the litter and smells in and the pests out, the odor mask kit is an accessory to keep the stations as fresh as possible. The Odor Mask Kit comes with Cucumber Melon scented odor shield pads coupled with a holder.
Installation into stations is quick & easy; the recommended placement is near hopper or flap opening for best results. Refills of the odor pads help to shield the waste odor upon hopper or front-door opening.
Station Odor Mask Kit
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Standard Capacity Inner Bin Sleeve
1802
Bigbelly recommends usage of the a Standard Capacity
Inner Bin Sleeve for any SC5 or SC5.5 station to proactively protect these public waste stations from unlawful pilfering and for station sensor & fullness reporting accuracy.
Does your public space experience extreme cases of pilfering through landfill or recycling waste streams? Bigbelly has developed our patented SC Sleeve to hold the interior bin’s liner bag in place and recyclables or other waste out of reach of the pilferers.
Optional anti-pilfering brackets are available and
recommended in urban areas to further constrain the interior bin bag and protect from unauthorized access.
In addition to keeping the bag in place, which deters pilfers from accessing waste in the bin, the patented SC Sleeve also ensures proper sensor readings which connect and communicate fullness via CLEAN software. “Know when to go” and collect your stations when they are ready, rather than making them an easy pilfering target. The Standard Capacity Inner Bin Sleeve ships standard with all SC5 and SC5.5 components. It improves the performance of the system by proactively protecting against unlawful pilfering and ensuring accurate sensor readings.
This optional Standard Capacity Inner Bin Sleeve proves particularly useful in situations where you continually experience incorrect bag positioning and subsequent errors via CLEAN Management Console. The SC Sleeve’s impact on sensor
reading and data accuracy is a critical feature of the Bigbelly SC model that differentiates this smart bin from competitive sensor-based waste bin products.
Bigbelly recommends the use of our preferred waste and recycling bags from WasteZero (www.wastezero.com/bigbelly - available in the USA only) to avoid incorrect bag positioning. Additional anti-pilfering brackets (shown to the left) are available to further constrain waste access from station opening. These brackets are easy to install on any station already deployed in the field.
SMART SOLUTIONS FOR CITIES
www.bigbelly.com
[email protected]
+1-781-444-6002
SMART SOLUTIONS FOR CITIES
Lock Kit Options
1802
Top Key Latch Back View of Door Lock Front Key
HC4/SC4 Models
Top Key Latch Back View of Door Lock Front Key
HC5/SC5/SC5.5 Models
HC3 Models
Top & Front Key Latch Back View of Door Lock Single-Sided
Key Option
Single-Sided
Key Option
Double-Sided
Key Option
Each generation of Bigbelly stations has featured a lock redesign to increase security and upgrade technology. If you have a Bigbelly fleet which contains a mix of HC3/CR, HC4/SC4, and HC5/SC5/SC5.5 models, a lock option kit is available to streamline collection and maintenance of your fleet with a single key.
Please contact Bigbelly customer service ([email protected] or +1-781-444-6002 extension 3) to determine the best solution for your lock and key situation. This can also be used to terminate unlawful possession of station keys.
1 AGREEMENT BETWEEN CITY OF CONCORD
AND
TODOS SANTOS BUSINESS ASSOCIATION, INC.
Downtown Concord Pilot Program
THIS AGREEMENT (“Agreement”) is entered into on ___________2023 between the City of Concord, a California municipal corporation (the “City”) and the Todos Santos Business Association, Inc. (“TSBA”), a non-profit business association.
WHEREAS, CITY has received American Rescue Plan Act (“ARPA”) funds from the U.S.
Department of the Treasury pursuant to H.R. 1319, signed into law by President Biden on March 11, 2021; WHEREAS, the CITY wishes to engage TSBA to assist the CITY in utilizing such funds; and WHEREAS, TSBA will provide needed public services to provide a welcoming, clean and safe environment for visitors and residents to shop, dine and enjoy downtown Concord.
NOW THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICES.
A. Program Purpose. The purpose of the Downtown Concord Pilot Program (hereinafter “Program”) is to assist the recovery of downtown Concord which has been affected by the COVID-19 pandemic. The program shall provide a welcoming, clean and safe environment for visitors and residents to shop, dine and enjoy downtown. TSBA will be responsible for administering the Program in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds, including standards set forth in ARPA funding requirements. The program will include activities eligible under the ARPA Grant Program. This includes:
1. Porter Services,
2. Security Services, and
3. Additional Power Washing Services.
The area covered includes Todos Santos Plaza and the area immediately surrounding the Plaza. A map of the area and a description of the area is attached hereto as Exhibit A.
B. National Objectives. TSBA certifies and agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the ARPA Program's National Objectives - (1) responding to the public health and negative economic impacts of the pandemic; (2) providing premium pay to essential workers; (3) providing government services to the extent of revenue loss due to the pandemic; and (4) making necessary investments in water, sewer, and broadband infrastructure - as detailed in 31 CFR § 35.6.
C. Accounting of Funds. TSBA will hire an independent, Certified Public Accountant specializing in nonprofit agencies to handle the accounting of the grant funds. TSBA will automatically issue monthly reports to TSBA Board and CITY. The Accountant will also be available directly to CITY for questions or comments.
Attachment 3
2 D. Performance Monitoring. The CITY will have the right to monitor the performance of the TSBA against goals and performance standards established herein. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by TSBA within thirty (30) days after being notified by the CITY, agreement suspension or termination procedures may be initiated. The CITY must have access to agency and client records upon request, including but not limited to, financial record keeping, time sheets and activity sheets, client files, etc.
II. TIME OF PERFORMANCE.
A. Term. Services provided by TSBA shall start on January 1, 2023 and will end on June 30, 2024. The term of this Agreement and the provisions herein may be extended to cover any additional time period during which TSBA may remain in control of ARPA funds to other assets including program income, at CITY’s sole discretion. The CITY utilizes a two-year funding cycle. However, it is expressly agreed and understood that TSBA services and the total CITY payment under Section III are solely for the term of this Agreement dated January 1, 2023 – June 30, 2024. TSBA shall receive FY 2023-24 funds contingent on the availability of funds and satisfactory Program performance.
B. Extension of Term. Without any additional consideration on the part of TSBA or the CITY, the CITY may grant TSBA an extension of time for performance, beyond that time specified above under Section II, Time of Performance. Any such extension must be in writing and shall be at the sole discretion of the CITY.
III. PAYMENT: FUNDING.
A. Total Amount. It is expressly understood that the total amount to be paid by the CITY under this Agreement shall not exceed four hundred fifty-eight thousand, five hundred dollars ($458,500.00).
B. Additional Funds. TSBA partner, the Brenden-Mann Foundation, will contribute $50,000 to the start-up of the Program. TSBA will contribute additional funds collected from membership dues towards the cost of the independent Certified Public Accountant mentioned in this agreement over the 18 months of the program. TSBA will continue to seek funding from private downtown property and business owners throughout the term of the program. To the extent practicable, the use of ARPA funds shall be used on a pro rata basis with other funds provided to or by TSBA for this Program.
IV. NOTICES.
All notices required by this Agreement must be in writing and delivered via United States Postal Service, certified and with postage prepaid or by commercial courier or personal delivery. Any notice delivered or sent in the manner described above shall be effective on the date of delivery or sending. All notices and other written communication concerning this Agreement and/or any amendments hereto shall be directed to the following, unless otherwise modified by written notice:
3 To CITY: Ken Yee
City of Concord, Facilities Maintenance Division Manager, Department of Public Works
1455 Gasoline Alley, Concord, CA 94519
Phone: (925) 671-3025
Email: [email protected]
To TSBA: Walter Eichinger
President, Todos Santos Business Association
P.O. Box 234, Concord, CA 94520
Phone: (925) 655-8414
Email: [email protected]
The City’s point of contact for any questions related to daily operations will be Ken Yee, City of Concord Facilities Division Manager.
V. GENERAL CONDITIONS.
A. General Compliance. TSBA agrees to comply with all applicable Federal, State and local laws and regulations governing the funds provided under this Agreement and with those laws and regulations concerning the TSBA’s performance hereunder, including but not limited to American Rescue Plan Act, 31 CFR § 35.6, et seq. Documentation of such compliance shall be made available for review by the CITY upon request.
B. Independent Contractor Status. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee, agent/servant, partnership, joint venture or association between the parties. TSBA shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance or any other withholdings, as TSBA is an independent contractor.
C. Indemnification. TSBA agrees to defend, indemnify and hold harmless the City, its officers, officials, employees, agents and volunteers from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from, or connected with the operations or services of TSBA or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the CITY or its officers, employees, agents and volunteers. TSBA will reimburse the CITY for any expenditures, including reasonable attorneys fees, the CITY may incur by reason of the matters that are the subject of this indemnification, and if requested by the CITY, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of TSBA.
D. Insurance. During the entire term of this Agreement and any extension or modification thereof, TSBA shall keep in effect insurance policies meeting the following insurance requirements:
1. Commercial General Liability Policy. TSBA shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily
4 injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. TSBA’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of TSBA’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. TSBA shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). TSBA shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by TSBA, 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.
4. Workers Compensation. TSBA covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. TSBA shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by TSBA that TSBA has no employees.
5. Additional Provisions.
a. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of TSBA and operations of TSBA, premises owned, occupied, or used by TSBA. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. TSBA shall also provide timely and prompt notice to CITY if TSBA receives any notice of cancellation or nonrenewal from its insurer.
b. Primary Coverage. TSBA’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of TSBA’s insurance and shall not contribute with it. c. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
5 d. Verification of Coverage. TSBA 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.
e. If TSBA maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by TSBA. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
f. Inclusion in Subcontracts. To the extent any of the services required of TSBA under this Agreement are subcontracted to a third party. TSBA shall include all of the provisions of this Paragraph in all such subcontracts as obligations of the subcontractor.
E. Grantor Recognition. TSBA shall ensure recognition of the role of the CITY in providing funding for services through this Agreement. As appropriate, activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, TSBA will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
F. Encroachment Permit. The CITY shall grant TSBA an Encroachment Permit in order to complete the Scope of Services in Section 1. This Encroachment Permit Agreement between TSBA and the CITY is attached hereto as Exhibit B and is incorporated into this agreement.
G. Amendments. This Agreement constitutes the entire agreement among the Parties as to the Grant and may not be amended or modified, except in writing signed by each of the Parties. TSBA may not assign or transfer its rights and interests in this Agreement to any other person, business or entity.
Should Federal or State regulations, laws, policies or funding amounts bearing upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be deemed amended to assure conformance with such Federal and State requirements. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and TSBA.
H. Suspension or Termination. CITY may suspend or terminate this Agreement if TSBA materially fails to comply with the terms of this Agreement. The CITY may also terminate this Agreement without cause, in whole or in part, upon thirty (30) days’ written notice to TSBA. This Agreement may also be cancelled immediately by written mutual consent.
Upon suspension or termination of this Agreement, the CITY may, in addition to any other remedies available at law or in equity, complete TSBA’s obligations in any reasonable manner it chooses, construct, operate or maintain the Program as the CITY may deem necessary, and deduct the costs thereof and the amount of damages, if any sustained by the CITY by virtue of TSBA’s breach of this Agreement from any amounts owing to TSBA for services provided prior to CITY suspension or termination of this Agreement.
6 I. Cessation of Funding. The CITY’s obligation to make payments to TSBA hereunder is contingent on the availability of ARPA funds to the CITY during the term of this Agreement. In the event the Federal funding for this agreement ceases, this Agreement is terminated. In the event of unforeseeable budget adjustments by the Federal government or CITY, this Agreement is subject to renegotiation.
VI. ADMINISTRATIVE REQUIREMENTS.
A. Financial Management.
1. Accounting Standards. TSBA agrees to maintain records of TSBA’s direct labor costs, payroll costs, and reimbursable expenses pertaining to the Program on a generally recognized accounting basis and to make these records available to CITY when and if required.
2. Cost Principles. TSBA shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; or if the TSBA is a governmental or quasi-governmental agency, the applicable sections of 2 CFR Part 200, " Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards” for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping.
1. Records to be Maintained. TSBA shall maintain all records that are pertinent to the Program activities to be funded under this Agreement and by the Federal regulations specified in 31 CFR § 35, and satisfactory to CITY staff, and that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meet one of the National Objectives of the ARPA program;
c. Records required to determine the eligibility of activities; and d. Financial records as required herein, including staff time sheets.
2. Retention. TSBA shall retain all financial records supporting documents statistical records and all other records pertinent to services performed and expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, or after the resolution of all litigation, claims, Federal audits, negotiation or other actions that involve any of the records cited, whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment.
3. National Objectives. TSBA agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the ARPA Program's National Objectives - (1) responding to the public health and negative economic impacts of the pandemic; (2) providing premium pay to essential workers; (3) providing government services to the extent of revenue loss due to the pandemic; (4) making necessary investments in water, sewer, and broadband infrastructure - as defined in 31 CFR § 35.6.
7 4. Close-Out. TSBA’s obligation to the CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to:
submission of close-out report, making final payments, disposing of program assets obtained with funds provided by CITY under this Agreement (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the CITY), and determining the custodianship of records.
5. Audits and Inspections. All TSBA’s records with respect to any matters covered by this Agreement shall be made available to the CITY, grantor agency, their designees or the Federal government, at any time during normal business hours, as often as the CITY or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by TSBA within thirty (30) days after notice of the deficiencies is delivered to TSBA. Failure of TSBA to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. TSBA hereby agrees to have an annual audit conducted in accordance with current CITY policy concerning TSBA audits and OMB Circular A-133.
C. Reporting Procedures.
1. Progress Reports. TSBA will issue to CITY quarterly reports on the work conducted by the vendors. These reports will include completed checklists, work logs, before and after photos, work locations, and incident reports.
2. Summary Report. At the conclusion of the term, TSBA will issue to CITY a summary report made from gathered feedback from downtown businesses, visitors, CITY staff, etc. on the outcome of the Pilot Program and measurable impact it has made in creating a welcoming, safe and clean environment for visitors and residents to shop, dine and enjoy downtown Concord.
3. Budgets. The annual program budget shall include all sources of funding, the amount of each funding source, and the expenditures to be met by each funding sources.
4. Staffing. TSBA shall provide the name of the vendors responsible for each of the tasks detailed in Section 1 under the Scope of Work. Specifically, TSBA shall also provide the name of the day porter and security officers, description of job responsibilities, hourly base pay rate or billable rate, and an estimate of time to be spent on the Program per pay period within thirty (30) days of the Program start date. TSBA shall inform the CITY in writing, within ten (10) working days, of any changes in staff that occur during the term of this Agreement.
Time cards must clearly indicate the amount of time an employee works on the TSBA activity daily and must not have time commingled with non-TSBA related activities.
5. Program Income. TSBA shall report monthly all program income generated by activities carried out with ARPA funds made available under this Agreement. TSBA may only use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income made available under this Agreement shall be returned to the CITY upon expiration or earlier termination of the Agreement period, unless specific written amendments are made between the CITY and TSBA.
8 D. Procurement. CITY shall have the right to require TSBA to comply with any and all current CITY policies concerning the purchase of equipment and shall maintain an inventory record of all non- expendable personal property as may be procured with funds provided herein.
VII. PERSONNEL AND PARTICIPANT CONDITIONS.
A. During the performance of this contract, TSBA agrees as follows:
1. Equal Employment Opportunity. In connection with the execution of this Agreement, TSBA shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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.
2. Nondiscrimination Civil Rights Act of 1964. TSBA will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
3. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by TSBA 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 TSBA of TSBA’s obligation under this agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
B. Confidentiality. Subject to the requirements of the California Public Records Act, TSBA understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with TSBA’s obligations hereunder, is prohibited by law.
TSBA agrees to comply and to require its employees to comply with all applicable State and Federal statutes and regulations respecting confidentiality, including but not limited to, all statutes and regulations that require confidentiality as to the identity of recipients, their records, and services provided them, and assures that:
1. All applications and records concerning any individual made or kept by TSBA or any public officer or agency in connection with the administration of or relating to services provided under this Agreement will be confidential, to the extent permitted by law, and will not be open to examination for any purpose not directly connected with the administration of such service, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible guardian.
2. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required by law or in the administration of such service. TSBA agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of misdemeanor.
C. Prohibited Activities. TSBA is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities;
9 lobbying, political patronage, nepotism, or any activities not within the scope of services described in Section 1 of this Agreement.
D. Conduct.
1. Assignability. TSBA shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to TSBA from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY.
2. Conflict of Interest. TSBA agrees to abide by the provisions of 24 CFR § 570.611 with respect to conflicts of interest, which include (but are not limited to) the following:
a. TSBA shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of TSBA shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
c. TSBA covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. TSBA further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by TSBA hereunder.
These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the CITY, TSBA or of any designated public agencies which are receiving funds under the ARPA Program.
3. Subcontracts. TSBA shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the CITY prior to the execution of such Agreement. TSBA will monitor all subcontracted services on a regular basis to assure contract compliance.
Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. TSBA shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. TSBA shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competitive basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
VIII. ADDITIONAL PROVISIONS.
A. Integration. 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 TSBA and CITY, whether oral or written.
B. Retained Powers. All powers not explicitly invested in TSBA or incidental to the exercise
10 of those powers invested in TSBA remain in the CITY.
C. Disputes. Disagreements between the CITY and TSBA concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the CITY Manager or his/her designee or in accordance with the applicable procedures (if any) required by the Federal government.
D. No Third-Party Beneficiaries. This Agreement is not intended to create any rights or benefits for a person or entity who is not a party, whether as a third-party beneficiary or otherwise.
E. 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.
F. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements.
G. No Waiver by City. Subject to the Disputes provision set forth in Section VIII(C) above, inspections or approvals, or statements by any officer, agent or employee of the CITY indicating the TSBA’s performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefore, or any combination of these acts, shall not relieve the TSBA’s obligation to fulfill this Agreement as prescribed; nor shall the CITY be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof.
H. Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance.
I. 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 TSBA 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.
J. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the waiving party.
11 K. Disbursements. The City shall have no responsibility to disburse any funds beyond the amount that the City has received from the American Rescue Plan Act funds. In the event of any dispute under this Agreement, Business’s sole recourse and damages against the City shall be limited to the amount of the Grant as set forth herein.
L. Non-Liability. No member of the City and no other officer, employee or agent of the City shall be personally liable to Business or otherwise in the event of any default or breach of the City, or for any amount which may become due to Business or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
M. Force Majeure. No Party will be held responsible for failing perform its responsibilities under this Agreement if the failure results from any act of nature or other cause that is beyond the reasonable control of the Party and that makes performance impossible or illegal.
N. Confidentiality. Unless otherwise required by applicable law or regulation, the City use best efforts to keep all reports and other information submitted by the Business as confidential and will not make such information available publicly, except that the City (a) will include a list of all businesses that received Grants and the individual Grant amounts, and (b) may report to the City Council the Business’s reported information concerning the operational status of the Business and aggregate data on jobs, tax and revenue data of all businesses that received Grants. Businesses shall identify any such records by clearly labeling each document with the asserted privilege, such as confidential or trade secret, to notify City when any such privileges may apply.
O. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall be one and the same instrument. A facsimile, .pdf copy or other electronic signature (e.g., Docusign) of this Agreement, when signed in compliance with this Section, is an enforceable, original agreement for all purposes.
P. Non-Discrimination. The Business will not discriminate against any individual with regard to employment or participation or in any other manner for reasons of race, color, religion, gender or gender identification, sexual identity, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability or any other characteristic that is protected by local, state or federal law.
Q. Cessation of Funding. The City’s obligation to make payments to Business hereunder is contingent on the availability of APRA funds to the City. In the event the funding for this Agreement ceases, this Agreement is terminated.
R. Compliance with Laws. Business 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.
12
13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above.
TSBA:
Signature:
Name: Walter Eichinger, President
[email protected]
CITY:
CITY OF CONCORD, a California municipal
corporation
By:
Valerie J. Barone, City Manager
ATTEST:
By:
Joelle Fockler, City Clerk
APPROVED AS TO FORM:
By:
Susanne Meyer Brown, City Attorney
p
p
Canasta
KitchenFix That Mac
The HoneyBaked
Ham Co.
Brenden
Theatres
Don Salvio
Pacheco Adobe
Swift Plaza
Todos
Santos
Plaza
Parking
Parking
EAST ST
FIRSTST
GRANT ST
PACHECO ST
BONIFACIO ST
ADOBE ST
W
I
STERIA WAY
M
IRA VISTA
TER
CALIFORNIA ST
CONCORD BLVD
BROADWAY ST
WILLOW PASS RD
OUIMET PL
SUNSET
AVE
BEA
CH ST
CENTRALST
SALVIO ST
GALIND
O
ST
MT DIABLO ST
COLF
AX ST
PORT CHICAGO HWY
CLAYTON RD
CONCORD AV
E
CLAY ALY
HARRISON ST
Downtown Businesses I 0 150 30075
Feet
S:\MapRequest\CED\EconDev\InfographicMap\DowntownBusiness\DowntownBusinessSelection\DowntownBusinessSelection.aprx Map Created: 11/21/2022
By GIS Division of Information Technology
Legend
Downtown Area
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EXHIBIT A
Map Description for Downtown Pilot Program
Starting at the northwest corner of East Street and Concord Boulevard, then going northward along west side East Street to the south side Pacheco Street, then going west along the south side of Pacheco Street to southwest corner of Grant and Pacheco, then going north across Pacheco Street to the northwest corner of Grant and Pacheco, then going west along the north side of Pacheco to the northeast corner of Pacheco Street and Mt. Diablo Street, then going north along Mt. Diablo Street along the east side to 2120 Mt. Diablo Street, then west across Mt. Diablo Street to the northern boundary of 2095 Pacheco Street on Mt. Diablo Street, then south along the west side of Mt. Diablo Street to the northwest corner of Mt. Diablo Street and Pacheco Street, then west along the north side of Pacheco Street to the northeast corner of Pacheco Street and Galindo Street, then south across Pacheco Street to the south side of Pacheco Street, then turning west and following the sidewalk and crosswalks across Galindo Street to the southwest corner of Galindo and Adobe Street, then west along Adobe Street to 1859 Adobe Street, then across Adobe Street to the west side of the street after the turn and following Adobe Street along the west side to the northwest corner of Adobe Street and Salvio Street, then west along the north side of Salvio Street to the western boundary of 1870 Adobe Street (Don Salvio Pacheco Adobe site), then south across Salvio Street to the northeast corner of Mira Vista Terrace and Salvio Street, then south along the east side of Mira Vista Terrace to the northeast corner of Mira Vista Terrace and Willow Pass Road, then eastward along the north side of Willow Pass Road to the northeast corner of Willow Pass Road and Galindo Street, then southward across Willow Pass to the southeast corner of Willow Pass and Galindo and then continuing southward along Galindo to the northeast corner of Galindo Street and Concord Boulevard, then turning eastward along the north side of Concord Boulevard returning to the starting point at the northwest corner of East Street and Concord Boulevard.
EXHIBIT B – ENCROACHMENT PERMIT AGREEMENT
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28 This Encroachment Permit Agreement (“Permit Agreement”) is entered into on _____ 2023 (Agreement Date), by and between the City of Concord, a California municipal corporation (“City”) and Todos Santos Business Association, Inc., (“TSBA”), a non-profit business association.
WHEREAS, City owns or has jurisdiction over public or quasi-public rights of way (including, but not limited to thoroughfares, streets, roads, alleys, lanes, walkways, public spaces, sidewalks, crosswalks, driveways, and other rights of way, except streets and highways forming part of the state highway system) in the City of Concord whether or not improved or accepted for maintenance by City (individually and collectively, “Right of Way”).
WHEREAS, the City and TSBA have entered into a Grant Agreement (“Grant Agreement”) for the Downtown Concord Pilot Program (hereinafter “Program”).
WHEREAS, the Program includes tasks including: day porter services, security services and additional power washing services.
WHEREAS, the Program will require the vendors to work on public or quasi-public rights of way, including, but not limited to walkways, sidewalks and crosswalks.
WHEREAS, City is willing to authorize use and issue the Permit subject to the parties entering into this Permit Agreement subject to the terms of the Grant Agreement, this Permit Agreement and the conditions of approval attached hereto and hereby incorporated into the Agreements and the Permit by reference.
NOW THEREFORE, in consideration of the mutual covenants, promises, and faithful performance of the terms and conditions herein, the parties agree as follows:
1. Description of Real Property. The real property affected by this Permit Agreement is the Right of Way specifically delineated in Exhibit A to the Grant Agreement.
2. Term. The term of this Permit Agreement shall commence on the Grant Agreement date (January 1, 2023) and shall expire on the same date (June 30, 2024), unless the Grant Agreement is