Agenda packet — Concord City Council, February 7, 2023 (part 1 of 3)

1 2ND AMENDED AGENDA
Changes in redline/strikeout font and highlighted -
redline/strikeout font: Closed Session Zoom Option Added

COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
February 7, 2023
6:00 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:

City Council
Conference Room
1950 Parkside Drive
Open Session:

Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held via Zoom and in person only in the City Council Conference Room, 1950 Parkside Drive. Members of the public may not participate in the Closed Session; however, public Comment for the Closed Session item will be taken via Zoom and in person only when the Closed Session begins at 6:00 p.m. Join the Zoom webinar for Closed Session public comment by following THIS LINK
2 Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session either in- person and/or remotely via Zoom.

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

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:

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

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

To Participate in Public Comment During the Meeting:

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

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

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. 3 From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/83691583708?pwd=cFY2VGxLNDREZU5kVXR4UGhRc0RnZz09 oWebinar ID: 836 9158 3708
oPasscode: 972791
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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

CLOSED SESSION

1. OPENING
Roll Call

2. PUBLIC COMMENT
The public is entitled to address the City Council on Closed Session items appearing on the agenda before the City Council’s consideration of the items. Each speaker will be limited to approximately three minutes per Closed Session agenda item. Please see “How to Submit Public Comments” above.

3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case.

4. RECESS TO OPEN SESSION
4 OPEN SESSION

5. OPENING
Roll Call
Pledge of Allegiance – Councilmember Aliano

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

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

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

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

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the January 7 and 10, 2023, meetings. Recommended by the City Clerk.
b. Considering – approval of a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $929,271.20 (base agreement of $844,792.00 plus Staff authority to spend up to $84,479.20) for design engineering and related services for the following four projects in Residential Pavement Maintenance Phase E; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds):

1. Pavement Maintenance Zones 2H & 2Q (Project No. 2611). Zone 2Q is located to the east of Monte Gardens Elementary School between Willow Pass Road and Beechwood Drive. Zone 2H is located south of Concord Boulevard between West Street and Clayton Way.

2. Pavement Maintenance Zone 4L (Project No. 2613) located south of Concord Community Park, between Ridge Park Drive and St Francis Drive.

3. Pavement Maintenance Zones 5M, 5H, and Port Chicago Highway (Project No. 2621). Zone 5M and 5H are located east of Port Chicago Highway 5 between East Olivera Road and Erie Drive. The portion of Port Chicago in this project is between East Olivera Road and Concord Blvd.

4. Pavement Maintenance Zone 2O (Project No. 2624) located south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard. Recommended by the Director of Community Development.

CEQA: Does not constitute a "project" under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, is exempt pursuant to Section 15061(b)(3). c. Considering – letter of support for SB X1-2 (Oil Price Gouging Penalty).

Recommended by the Assistant City Manager.
d. Considering – the following for Clayton Road Traffic Operation Improvements - Phase 2 (Project No. 2579) constructing interconnected fiber- optic cabling on Clayton Road between Galindo Street and Washington Boulevard:
(1) Award of a construction contract in the amount of $4,036,910.00 to Gruendl Inc. DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
(2) Approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreements, in a form acceptable to the City Attorney;
(3) Approval of a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and
(4) Approval of an amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; and authorizing the City Manager to execute the amendment, in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378,
15301, 15302, 15303, 15304, 15305, Public Resources Code Section 21065, and/or 21080.19.
6 e. Considering – approval of a Professional Services Agreement with Consor North America, Inc. in the not-to-exceed amount of $363,312.48 (base agreement of $330,284.07 plus Staff authority to spend up to a 10% contingency of $33,028.41) to provide construction management, inspection, and materials testing services for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V Funds) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065.

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

DISTRICT CONSENT CALENDAR
f. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

8. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution accepting the Concord Tourism Improvement Business District's 2022-2023 Annual Report. Report by Lisa Potvin, Downtown Program Manager.

CEQA: Not a project under CEQA Guidelines Sections 15060(c), 15378 and/or Public Resources Code Section 21065.
b. 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 7 Music & Market and other special events for two years; support two years of Festival Latino; and support two years of July 4 festivities. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. c. 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)PD Safety, Evidentiary, and Accountability Tools; 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. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. d. Considering – selection of applicants to interview for the Homeless Strategic Plan Working Group for the Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community representatives; and/or consider extending recruitment periods for one or all of the foregoing categories and changing applicable interview date(s). Report by Joelle Fockler, City Clerk.

9. CONTINUED PUBLIC COMMENT (IF NEEDED)

10. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
8 City Manager or Staff Reports
Council Reports

12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/14/2023 6:30 PM

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

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

From: Jennifer Kathleen Gibbons <[email protected]> Sent: Tuesday, February 7, 2023 11:24 AM
To: City Clerk <[email protected]>
Subject: Re: Letter to the City Council: Regarding the Death of Timothy Charles Lee

If possible, please read this letter aloud in the council meeting. Thank you!

On Tue, Feb 7, 2023 at 11:22 AM Jennifer Kathleen Gibbons <[email protected]> wrote:

Dear Council Members:

My name is Jennifer Kathleen Gibbons. Although I live now in Central California, most of my life, I lived in Contra Costa County, Pleasant Hill, and Lafayette. I am familiar with Concord: My parents lived near the Iron Horse Trail when they first moved to Contra Costa and Mohr Lane. I went to Ygnacio Valley High School, soaked up the free air conditioning at the Capri Theater, went to shows at the Willows Theater, and worked briefly at the Concord library for several months. I became sad when I learned the Hot Dog Place on Salvio was out of business. I consider Concord part of my home.

Last year I had the honor of being in the courtroom when Mitchell Lynn Bacom, the man accused of killing fourteen-year-old Suzanne (Suzie) Bombardier in 1980, was found guilty of murder, sexual assault, and other charges. Suzie lived in Concord most of her young life, and she's buried near my grandparents in Lafayette. After a random encounter with a stranger ten years ago, I started writing about Suzie, which became an essay for Salon. The case was reopened thanks to the coverage, and Bacom was arrested in December 2017. I now ask for justice for a young man who didn't live in Concord but had visited the town several times and one night found himself in the wrong place at the wrong time.

Timothy Charles Lee didn't have it easy. His mother died when he was ten, and his father relocated to Georgia. He and his siblings, Tommy and Tammy, were three against the world. There were multi-racial: Black and Native American. Timmy wanted to be a fashion designer. Although he had a setback with low grades at one school, he was trying again at another one. He had a positive attitude and tried to stay buoyant. He worked at a textile place in the City. He was also gay and was comfortable with his sexuality.

One night in November 1985, he stayed late to have drinks. He just got paid and deposited his check like any other Friday. He fell asleep on the BART train and missed the Richmond train taking him to his home in Berkeley. Back then, Concord Written Public Comment
Agenda Item No. 6.a
February 7, 2023

6.a

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was the end of the line. It was around one in the morning, the last train that night.

Worried, he called several friends asking for help. Nobody could help. One woman tried calling BART but couldn't get anyone. The next morning, a woman was feeding stray cats the following day when she saw something hanging from a tree. It was Timmy.

The Bay Area media covered the story. Timmy's family insisted it was murder, but the police ruled it a suicide. However, questions remained: how did neighbors close to Concord BART hear screaming around 1:30 in the morning while Timothy was at the BART station? Two young men dressed in Ku Klux Klan robes had also been arrested that night for stabbing two black men, but that was dismissed as them being dressed up for a Halloween party, even though Halloween was the day before. Tammy and Tommy's names were misspelled on the note Timmy left behind. Timmy's own name was misspelled in the note.

Timmy also just received a scholarship to a school in Milan. Tammy also said she saw cigarette burns on Timmy's body, but the police said it was ant bites. Several months after Timmy died, another Concord resident Jacquelyn Peters was found hanging from a tree in Lafayette. She had been upset by Timmy's death and said she was subjected to racism by her neighbors. Her death has also ruled a suicide.

Timmy's story was soon forgotten, along with Jacquelyn Peters's. However, poets Joy Harjo and Audre Lorde wrote about them. At Ygnacio Valley High School, Mr.

Arthur Atkinson talked about what happened in my freshman English class. It became the elephant in the room: something not discussed but remembered. It affected his immediate family; his father, brother, and sister died in their fifties.

With the recent deaths of George Floyd, Elijah McClain, Angelo Quinto, and Tyre Nichols, Timmy has been on my mind. I've always had the nagging feeling it wasn't a suicide. Yes, Timmy admitted to a friend he was depressed. But the supposed time the police had him killing himself was around 5:30-6:00 when trains started to run on Saturday mornings. Wouldn't seeing the train make Timmy rethink such a dire decision? What about Jacquelyn's similar death months later? The screaming the neighbors heard that night? Bill Callison was one of the neighbors. Before Callison's death in 2008, he left a collection of materials connected to Timmy to his alma mater Stanford, including an eight-page statement about what he heard that night.

I don't fault the Concord Police; they did the best with what he had. It was the culture we were living in at the time. We thought racism was over, a bad memory left behind like lava lamps or platform shoes. After all, The Cosby Show was the number-one show in the country. Jesse Jackson ran for president. We now know racism was far from over, and what happened to Timothy Lee could've been a hate crime.

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Timmy's cousin Franklin Sterling led a November candlelight vigil at Concord BART and talked about his cousin. He urged his cousin's case be reopened. He invited the city council to come, but only one person-Laura Nakamura, then a candidate took him up on the invitation. I urge the City Council to help reopen the case of Timothy Lee.

One of the things that haunted me about Suzie Bombardier is that she fell through the cracks. Timmy did as well. It's time for fresh eyes to look at the evidence and see possibly any signs of foul play. Suzie's case was solved thanks to advanced techniques in DNA. Could those techniques help Timmy's case? If these fresh eyes prove it was a suicide, okay. At least Timmy's family can know and possibly be at peace.

I know this is an ugly part of Concord's past that many wouldn't want to look at. But it needs to be looked at. It has to be looked at. James Baldwin wrote, "Not everything that is faced can be changed. But nothing can be changed until it is faced." It's time Concord faces, for better or for worse, what happened to Timothy Charles Lee on November 2, 1985. Then maybe, just maybe, there can be change.

Yours truly,
Jennifer Kathleen Gibbons

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From: John Tague <[email protected]>
Sent: Tuesday, February 7, 2023 1:04 PM
To: City Clerk <[email protected]>
Subject: City Council Meeting Citizen Correspondence General Public Comment

Council,
Since last contact regarding my pony permit with you, the planning commission finally has Invited me to apply for a permit. I finally made it beyond the negligent & illegal pre-screening process in effect. However the city now wants to extort $538 out of me after I was just extorted out of too much property taxes for not being able to use the public pool.

I requested relevant information to my case & Mindy Gentry finally responded with every permit granted in this cities history.

I took the time her staff should have & did the do-diligence necessary to even begin charging the public for a companion animal permit & harassing residents about how to live on their property.

Please review the attached spreadsheet I made up of Concord Companion Animal Permit History & my comments regarding the data.

I'd like this council to bring up many things after this troubling experience:
1st: Fire Mindy Gentry as head of planning commission & much of the staff including everyone involved in my case. Mainly for the illegal & negligent pre-screening process in effect. This city can't even go back & fix her mistakes because they don't know how many "Non-RR20- 20,000sqft +" residents came seeking a permit to have their property rights denied & quickly shown the door by her staff. At the same time Mindy's incompetent perception of the law has dramatically destroyed city companion animal culture, an ever sickening culture of entitlement thrives within her department.

The entire reasoning given for denying my permit, then denying my appeal, is canceled out by the 5th most recent permit granted: not being R20 or even RR, but LDR as my lot is. 2nd: I'd like a companion animal permit granted Free for 2 ponies/horses. For having to put up with, work through, & expose the cities failures.
3rd: Free companion animal permits should be granted to "Non-RR20-20,000sqft +" residents for the foreseeable future. To re-vamp city companion animal culture because the planning commission's incompetence & negligence has resulted in City Companion Animal Cultural Deprivation.
4th: Hold the Elite 1%'s to the same standard you hold the rest of the public to. Stop Discriminating! Stop enforcing rules on the common folk without enforcing the rules on the RR20/RR40 properties.

Sincerely,
John Tague

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From: Dave Hughes <[email protected]>
Sent: Tuesday, February 7, 2023 2:24 PM
To: Concord City Council Email <[email protected]>; City Clerk <[email protected]>
Subject: Thank you for putting Concord first!

Good Afternoon,

I was hoping to attend this evening's City Council meeting so that I could express my gratitude in person, but my schedule doesn't permit that tonight.

I'm writing to send a sincere thank-you to Mayor Hoffmeister, Council-member Obringer, and Council-member Nakamura for your January 28th decision to allow the Exclusive Negotiating Agreement with Concord First Partners LLC (CFP) to expire. In doing so, I believe you saved our city from decades of legal and financial woes.

I understand that it wasn't an easy decision to make (politically speaking), but each of you demonstrated that you understand the importance of demanding world-class integrity and transparency with a project of this scope, and it was evident from the beginning that this developer was unwilling to rise to that level.

Contrary to what many CFP advocates have asserted, your decision to drop the problematic developer hasn't delayed development of Concord Naval Weapons Station (CNWS) at all. I'd argue that it has in fact hastened the process, considering how things would've likely played out otherwise.

As I am sure you've heard from countless Concord residents, the overwhelming majority of our community (those not directly affiliated with Contra Costa Buildings & Trade) do not trust Discovery Homes, and does not wish for our city to partner with any consortiums that comprise a Seeno entity. Many were prepared to take action on a referendum had CFP been formally named as Master Developer of CNWS, a process that would undoubtedly have been time-consuming, expensive, and laborious for all parties involved. The decision to start over now with the selection process puts us exactly where we would've found ourselves years from now had the decision gone the other way. Thank you for saving all of us a considerable amount of time, resources, and energy.

Thank you for listening to your constituents.

Thank you for truly putting Concord first.

Thank you very much!

-Dave Hughes

District 2 Resident

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1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
SATURDAY, JANUARY 7, 2023
The Concord City Council met in a special meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 9:15 a.m. on Saturday, January 7, 2023, with Mayor Hoffmeister presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Guy Bjerke, Director of Economic Development and Base Reuse; Jennifer Ortega, Community
Relations Manager; Israel Mora, Executive Secretary

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Juan Pablo Galvan Martinez, Save Mt. Diablo; Tom Hansen, IBEW 302; Corey Warrener; Tim Frank, CC Building Trades; Eric Haynes Sheet Metal Local 104; Steve Burnett, Sheet Metal Local 104; Jason Washington, Sheet Metal Local 104; Nick Goodwin; Dan Torres, Sprinkler Fitters UA Local 483; Ryan Lange, Concord; Rik Drury, Sprinkler Fitters UA Local 483; Matt Russo, Elevator Constructors; Treston Shull, Laborers Local 324; Fernando Campos, Laborers Local 324; Joshua Hefley, Laborers Local 324; Glenn Loveall, Plumbers and Steamfitters Local 342; Robyn Scherr, Concord; Timothy Jefferies, Boilermakers; Rachel Shoemake, IBEW 302; Randy Thomas, Boilermakers Local 549; Dave King, Boilermakers Local 549; Caleb Matheny, Plasterers Local 66; Mark Plubell, Heat and Frost Insulators Local 16; Anthony Vzscuso, Heat and Frost Insulators Local 16; Michael Anderson, Concord; Kevin Van Buskirk; Wendy Hershey,
Concord; Devlyn Sewell, Concord; Josh Anijar, Contra Costa Labor Council; Fro Schmidt, Concord; Rodolfo Castro, NorCal Carpenters; Patrick Boileau, Operating Engineers Local 3; Chris Snyder, Operating Engineers Local 3; Greg Brumley, Concord; Randall Taylor, Pastor; Maura Torkileson; Linus Farias, Concord; Eric Antonick, Concord; Patrick McLaughlin, Concord; Jason Lindsey; Alexander De La Campa, Concord; Andrea Morgan, Concord; Mark Van Landuit, Concord; Victor Flores, Greenbelt Alliance; Doc Whittington, UA Local 483; Heather Peters, Concord; Joshua Christopher, Concord; Mike Hayes, Benicia; Cora Mitchell; Robert Ring, Concord; James Ashcraft; Ken Miller, Iron Workers Local 378; Jeff Koertzen, Concord; Tom Thorsen, Concord; Frank Capenhurst, Iron Workers Local 378; Daniel Whittemore, Local 378; Seth Adams, Save Mt. Diablo; Natalie;

7.a7.a

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City Council Minutes January 7, 2023
2 Ady Olvera, Concord; Hope Johnson, Concord; Anonymous; Judith Herman, Concord; Maimoona Ahmed; D’Marco Anthony; Danny Dorman; Natalie Bonnewit; Debra Ballinger, EBHO,
Concord; Aaron Peterman, EBHO; Joanie, Concord; Gwynne
Gilson, Concord; Nick Weathers, Helmets to Hardhats; Monica Johnston, Concord; Nancy Arroyoavila, Concord; J. Mendoza; Allan Kober; Elsie Mills; Bruce ‘Ole’ Ohlson; John Eckstrom; Colleen Geraghty

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM CONSIDERING THE LOCAL REUSE AUTHORITY’S ACCEPTANCE OF CONCORD FIRST PARTNERS, LLC’S TERM SHEET FOR THE DEVELOPMENT OF 2,275 ACRES AT THE FORMER

CONCORD NAVAL WEAPONS STATION
Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, provided background on the project, gave an overview of the Concord First Partners, LLC’s Term Sheet and the steps to follow acceptance of the Term Sheet, spoke about the Local Reuse Authority (LRA) and City protections, and explained alternative actions. Mr. Bjerke explained the Council was being requested to consider the draft Term Sheet, and direct staff to Proceed to the Disposition and Development Agreement stage of the Negotiation Period, as defined in the Exclusive Agreement to Negotiate (ENA) between the Local Reuse Authority and Concord First Partners, LLC, and to make a decision on one of the proposed alternative actions:

1. Choose to approve the Term Sheet as drafted (LRA staff’s recommendation); or

2. Provide additional direction to LRA staff and Concord First Partners, LLC regarding additional or change provisions for consideration in the Term Sheet and continue this meeting to January 28, 2023; or

3. Reject the Term Sheet; direct LRA staff to let the Exclusive Agreement to Negotiate with Concord First Partners, LLC expire on January 31, 2023.

Jeb Elmore, Vice President of Concord First Partners, LLC, presented information on the proposed project including an overview of the role of Concord First Partners, LLC as Master Developer.

Mr. Elmore spoke about promoting financial feasibility, labor policies and local hire, affordable housing and its implementation, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), environment/open space, community benefits, conceptual land uses/phasing, and transparency and accountability.

Brian Jencek, Global Designer for HOK, continued the presentation and provided additional information on the proposed project and defined a World Class Project, which is equitable and inclusive.

Mr. Jencek spoke about the land use plan with phasing, plan highlights, shared goals, open space and trails concept, open space types, community benefits, sustainability strategies, job generators, housing generators, various districts (transit-oriented, innovation, campus, and village neighborhoods), concept plan, and activity centers.

Ed Del Beccaro, Regional Manager for TRI Commercial/CORFAC International, concluded the presentation with information on the economic benefits of the proposed project.

Mayor Hoffmeister recessed the meeting at 11:00 a.m. The meeting resumed at 11:14 a.m.

Following questions from the City Council, Doug Chen, Concord First Partners, LLC, provided additional information regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

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City Council Minutes January 7, 2023
3 Mayor Hoffmeister recessed the meeting at 12:34 p.m. The meeting resumed at 1:21 p.m.

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

Mayor Hoffmeister recessed the meeting during the public comment period at 4:30 p.m. The meeting resumed at 4:47 p.m.

The following people spoke in support of the proposed Term Sheet:

Tom Hansen, IBEW 302
Corey Warrener
Tim Frank, CC Building Trades
Eric Haynes, Sheet Metal Local 104
Steve Burnett, Sheet Metal Local 104
Jason Washington, Sheet Metal Local 104
Nick Goodwin
Dan Torres, Sprinkler Fitters UA Local 483
Ryan Lange, Concord
Rik Drury, Sprinkler Fitters UA Local 483
Matt Russo, Elevator Constructors
Treston Shull, Laborers Local 324
Fernando Campos, Laborers Local 324
Joshua Hefley, Laborers Local 324
Glenn Loveall, Plumbers and Steamfitters Local 342
Robyn Scherr, Concord
Timothy Jefferies, Boilermakers
Rachel Shoemake, IBEW 302
Randy Thomas, Boilermakers Local 549
Dave King, Boilermakers Local 549
Caleb Matheny, Plasterers Local 66
Mark Plubell, Heat and Frost Insulators Local 16
Anthony Vzscuso, Heat and Frost Insulators, Local 16
Michael Anderson, Concord
Kevin Van Buskirk
Devlyn Sewell, Concord
Josh Anijar, Contra Costa Labor Council
Rodolfo Castro, NorCal Carpenters
Patrick Boileau, Operating Engineers Local 3
Chris Snyder, Operating Engineers Local 3

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City Council Minutes January 7, 2023
4 Linus Ferias, Concord
Patrick McLaughlin, Concord
Jason Lindsey
Doc Whittington, UA Local 483
Robert Ring, Concord
James Ashcraft
Ken Miller, Iron Workers Local 378
Jeff Koertzen, Concord
Tom Thorsen, Concord
Frank Capenhurst, Iron Workers Local 378
Daniel Whittemore, Local 378
Nick Weathers, Helmets to Hardhats
The following people spoke in opposition of the proposed Term Sheet:

Juan Pablo Galvan Martinez, Save Mt. Diablo
Wendy Hershey, Concord
Fro Schmidt, Concord
Greg Brumley, Concord
Randall Taylor, Pastor
Maura Torkileson, Concord
Eric Antonick, Concord
Alexander De La Campa, Concord
Andrea Morgan, Concord
Mark Van Landuit, Concord
Victor Flores, Greenbelt Alliance
Heather Peters, Concord
Joshua Cristopher, Concord
Mike Hayes, Benicia
Cora Mitchell
Seth Adams, Save Mt. Diablo
Natalie
Ady Olvera, Concord
Hope Johnson, Concord
Anonymous
Judith Herman, Concord
Maimoona Ahmed
D’Marco Anthony

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City Council Minutes January 7, 2023
5 Danny Dorman
Natalie Bonnewit
Debra Ballinger, EBHO, Concord
Aaron Peterman, EBHO
Joanie, Concord
Gwynne Gilson, Concord
Monica Johnston, Concord
Nancy Arroyoavila, Concord
J. Mendoza
Allan Kober
Elsie Mills
Bruce ‘Ole’ Ohlson
John Eckstrom
Colleen Geraghty
Mayor Hoffmeister closed the public comment period.

A motion was made by Birsan and seconded by Aliano to continue the meeting to Saturday, January 28, 2023, at 9:00 a.m. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Concord First Partners Term Sheet – Benched Memorandum Changes and Clarifications to Term Sheet
b. Agenda Item No. 2.a – Concord First Partners Term Sheet – Benched Correspondence c. Agenda Item No. 2.a – Concord First Partners Term Sheet – Staff PowerPoint Presentation d. Agenda Item No. 2.a – Concord First Partners Term Sheet – Concord First Partners PowerPoint Presentation
e. Petition submitted by Save Mt. Diablo

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 7, 2023, at 6:05 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 10, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 10, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Deyuanne Lei, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer; Mindy Gentry, Planning Manager; Aaron Sage, Principal Planner; Joan Ryan, Principal Planner; Robert Carrera, Economic Development Specialist

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Eric Haynes, Concord; Judith Herman; Hope Johnson, Concord; D’Marco Anthony; Erik Owens, Concord; David Pitman, Concord; Ekroop Kaur, Courage Youth Health Coalition; Christian Aguirre, Rainbow Community Center; Anahi Nava, Mt. Diablo High
School; Chepa Cubias, Concord; David Litty, Concord; Camille Cummings, AATCLC; Rod Lew, Pleasant Hill; Jimmy Ancira, LGBTQ minus tobacco; Amaya Wooding, LGBTQ minus
tobacco; Brian Davis, LGBTQ minus tobacco; Jen Grand-Lejano, American Cancer Society Cancer Action Network; Mayra Lopez, Contra Costa Public Health Department; Ashley Alcala, Mt.

Diablo High School; Blythe Young, American Heart Association; Debra Ballinger, Monument Impact; Ananya Pinnamaneni; Ady Olvera; Natalie; Azi Carter, Pittsburg; Ali Wohlgemuth, Bay Area Community Resources; Nardos Darkera, Monument Youth Drug and Alcohol Coalition; Cherise Khaund, MDUSD School Board; Bob Gordon, Contra Costa County Tobacco Coalition; Alaina, Mt. Diablo Social Justice Club; Sandi Velasquez, Monument Impact; Vanessa Chena, Monument Impact; Cecilia Ochoa,
Concord; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, Raise the Roof Coalition; Mariana Moore; Alex

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City Council Minutes January 10, 2023
2 Werth, EBASE; Kevin Burke; Debra Ballinger, EBHO, Aaron Tiedemann, EBHO; Erika Flores; Betty Gabaldon; Jennifer Morales, Monument Impact; Deena Levine, Jewish Family in Community Services East Bay; Cora Mitchell, Concord; Judith Ortiz, Monument Impact; Kent Green; Hope Johnson; Heather Peters; Emily Gaines

PUBLIC COMMENT PERIOD
Eric Haynes, Concord, spoke in support of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023. He also said the operation of Airbnb in Concord is still an issue because it impacts the ability of people to benefit from living in homes that are being operated as an Airbnb rental.

Judith Herman spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.

Hope Johnson, Concord, spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.

D’Marco Anthony spoke about tied election results and how other municipalities have handled tiebreaker results. He also spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.

Erik Owens, Concord, spoke about the road design and repaving of Oak Grove Road and Treat Boulevard, that he wants protected bicycle lanes and lights installed in the referenced area, and said protected bicycle lanes protect both vehicles and bicycles.

Mayor Hoffmeister continued the General Public Comment period to the end of the meeting.

PRESENTATION

BUSINESS RECOGNITION AWARDS
Mayor Hoffmeister introduced Economic Development Specialist Robert Carrera, who presented an overview of the program and introduction of recipients. Mr. Carrera introduced Melissa Rea, President/CEO for Greater Concord Chamber of Commerce, who presented Business Recognition Awards to Cobham Satzom; Pacific Service Credit Union; and Smile Family Dentistry.

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

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

DISTRICT (CPHHCD) CONSENT CALENDAR

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

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – December 6 and 13, 2022
A motion was made by Aliano and seconded by Obringer to approve the minutes from the meetings on December 6 and 13, 2022. The motion passed by unanimous vote of the Council.

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City Council Minutes January 10, 2023
3 ACCEPTANCE OF IMPROVEMENTS – Library Roof Replacement Project (Project No. 2569) A motion was made by Aliano and seconded by Obringer to accept improvements for the Library Roof Replacement Project (Project No. 2569); and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] A motion was made by Aliano and seconded by Obringer to award a Construction Contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] and authorize Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-1 – Approving the request to Metropolitan Transportation Commission for Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-1 entitled, “A Resolution Approving the Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-24.” The motion passed by unanimous vote of the Council.

APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – MIG, Inc.

A motion was made by Aliano and seconded by Obringer to approve an Amendment to a Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form approved by the City Attorney; and authorize the City Manager to execute the agreement. The motion passed by unanimous vote of the Council.

APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES – R.E.Y. Engineers, Inc.

This item was pulled from the Consent Calendar by Mayor Hoffmeister who recused herself from the item due to conflict of interest resulting from proximity to her residence and left the dais.

A motion was made by Aliano and seconded by Obringer to approve the following for Residential Pavement Maintenance, Phase D, including authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney:

Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-to-exceed amount of $874,495.60 (base agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive. The motion passed by the following vote:

AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister Mayor Hoffmeister returned to the dais.

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City Council Minutes January 10, 2023
4 APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES – Bellecci & Associates, Inc.

This item was pulled from the Consent Calendar by Councilmember Obringer who recused herself from the item due to economic interest resulting from proximity to her residence and left the dais.

A motion was made by Birsan and seconded by Aliano to approve an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port Chicago Highway and the Contra Costa Canal. The motion passed by the following vote:

AYES: Aliano, Birsan, Nakamura, Hoffmeister NOES: None ABSENT: Obringer Councilmember Obringer returned to the dais

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 23-2, LOCAL REUSE AUTHORITY RESOLUTION NO. 23-48, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 23-040 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-2, Local Reuse Authority Resolution No. 23-48, and Concord/Pleasant Hill Health Care District Resolution No. 23- 040 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
Mayor Hoffmeister took Consideration Item No. 5.b out of agenda order due to the nature of the item and the interest of allowing minors to hear and comment on the item at an earlier time during the evening meeting.

TOBACCO REGULATIONS AND ENFORCEMENT IN CONCORD
Assistant City Manager Justin Ezell presented the staff report, provided background on tobacco regulations and SB 793, and the direction provided by the PDIO Committee. Mr. Ezell explained staff was seeking direction from Council on tobacco regulations and enforcement and whether to draft policy that further regulates tobacco in Concord, and presented the following as possible Council actions:

A. Direct staff to begin developing additional tobacco regulations and/or enforcement programs (reprioritize work program depending on the direction); or B. Postpone any direction on tobacco regulation until the next priority setting workshop (to occur in March 2023); or
C. Take no further on the regulation of tobacco within the City of Concord.

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

The following people spoke in support of increased tobacco regulations and enforcement in Concord:

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City Council Minutes January 10, 2023
5 David Pitman, Concord
Ekroop Kaur, Courage Youth Health Coalition
Christian Aguirre, Rainbow Community Center
Anahi Nava, Mt. Diablo High School
Chepa Cubias, Concord
David Litty, Concord
Camille Cummings, AATCLC
Rod Lew, Pleasant Hill
Jimmy Ancira, LGBTQ minus tobacco
Amaya Wooding, LGBTQ minus tobacco
Brian Davis, LGBTQ minus tobacco
Jen Grand-Lejano, American Cancer Society Cancer Action Network Mayra Lopez, Contra Costa Public Health Department
Ashley Alcala, Mt. Diablo High School
Blythe Young, American Heart Association
Debra Ballinger, Monument Impact
Ananya Pinnamaneni
Ady Olvera
Natalie
Hope Johnson, Concord
Azi Carter, Pittsburg
Ali Wohlgemuth, Bay Area Community Resources
Nardos Darkera, Monument Youth Drug and Alcohol Coalition Cherise Khaund, MDUSD School Board
Bob Gordon, Contra Costa County Tobacco Coalition
Alaina, Mt. Diablo Social Justice Club
Eric Haynes, Concord
Mayor Hoffmeister closed the public comment period and recessed the meeting at 9:11 p.m. The meeting resumed at 9:27 p.m.

Following discussion from the City Council, a motion was made by Aliano and seconded by Obringer directing staff to bring the item back to Council at a later meeting date with the following direction: a prohibition of flavored hookah; ban the sale of tobacco vape products (flavored or unflavored); establish minimum prices, sale unit sizes, and eliminate couponing and discounting for tobacco products; and maintain the current method of enforcement as complaint-based, while exploring other enforcement efforts and opportunities. The motion passed by unanimous vote of the Council.

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City Council Minutes January 10, 2023
6 COMMENTS FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) – City’s Draft Housing Element Update (HEU)
Principal Planner Aaron Sage presented the staff report, provided an overview of the comments and recommended revisions from California Department of Housing and Community Development (HCD) related to the City’s draft Housing Element Update (HEU), and discussed next steps and the consequences for non-compliance. Mr. Sage explained that the Council was being requested to provide input to be incorporated into a revised HEU for adoption by the City Council on the following revisions proposed by staff:
 RECAP/Low-Resource Areas
o Safety/mobility project (minimum $1 million)
o 20% of Cannabis Community Benefit Fund to low-resource areas (with priority on highly segregated areas)
o $150,000 in settlement funds to benefit Monument Corridor businesses o Seek State Project Homekey funding source
o Partner with community based organizations to conduct bilingual outreach on fair housing laws (including Section 8 voucher protections), housing programs, and social services  AFFH and RHNA Sites (Rezoning)
o Focus on higher-resource, racially and economically segregated areas o Objective metrics – Rezone 20 acres at minimum density of 60 units per acre o Rezone for minimum target of 1,000 units
o Complete by December 2024
 AFFH and RHNA Sites
o SB 9 capacity increase by combining ADUs with SB 9
o Tiny homes on religious sites
o Tax measure, November 2024 ballot
o Alternate Programs:
 Rent Control Ordinance by December 2023
 Just Cause for Eviction Ordinance by December 2023
 Increase densities on Clayton Road
 Emergency Shelters
o Simplify regulations
 Multi-Family Constraints
o Staff-level Design Review
o Allow by right zoning process for projects in commercial districts  Persons with Disabilities Constraints
o Reduce group housing parking standards
o Objective process for Large Residential Care/Facilities  Sites Inventory
o Add skate park site to inventory
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

The following people spoke in support of adding tenant protections, rent stabilization, and just cause for evictions to the HEU:

Sandi Velasquez, Monument Impact
Vanessa Chena, Monument Impact
Cecilia Ochoa, Concord

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City Council Minutes January 10, 2023
7 Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, Raise the Roof Coalition
Mariana Moore
Alex Werth, EBASE
Natalie
Kevin Burke
Debra Ballinger, EBHO
Aaron Tiedemann, EBHO
Erika Flores
Betty Gabaldon
Jennifer Morales, Monument Impact
Deena Levine, Jewish Family in Community Services East Bay Cora Mitchell, Concord
Judith Ortiz, Monument Impact
Ady Olvera
Kent Green
Hope Johnson
Heather Peters
Mayor Hoffmeister closed the public comment period.

A motion was made by Obringer and seconded by Nakamura to continue Agenda Item No. 5.a and the remainder of the Agenda Items, to Tuesday, January 17, 2023, at 6:00 p.m. The motion passed by unanimous vote of the Council.

PUBLIC COMMENT (CONTINUED)
Mayor Hoffmeister reopened the general public comment period.

Emily Gaines, Concord, spoke about the importance for emergency response pop-up shelters.

Ady Olvera spoke about the importance of emergency response for the unhoused, including pop- up shelters.

Mayor Hoffmeister closed the public comment period.

CORRESPONDENCE
a. Agenda Item No. 3.a – Business Recognition Awards – PowerPoint Presentation b. Agenda Item No. 4.c – Downtown Corridors Project – Benched Correspondence c. Agenda Item No. 5.a – Draft Housing Element Update – Benched Correspondence d. Agenda Item No. 5.a – Draft Housing Element Update – PowerPoint Presentation e. Agenda Item No. 5.b – Tobacco Regulations – Benched Correspondence f. Agenda Item No. 5.b – Tobacco Regulations – PowerPoint Presentation g. Agenda Item No. 5.c – Homeless Strategic Plan Working Group Applications – PowerPoint Presentation

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City Council Minutes January 10, 2023
8 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 11, 2023, at 12:30 a.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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1. Pavement Maintenance Zones 2H & 2Q (Project No.
2611). Zone 2Q is located to the east of Monte
Gardens Elementary School between Willow Pass
Road and Beechwood Drive. Zone 2H is located
south of Concord Boulevard between West Street
and Clayton Way.

2. Pavement Maintenance Zone 4L (Project No. 2613)
located south of Concord Community Park, between
Ridge Park Drive and St Francis Drive.

3. Pavement Maintenance Zones 5M, 5H, and Port
Chicago Highway (Project No. 2621). Zone 5M and 5H
are located east of Port Chicago Highway between
East Olivera Road and Erie Drive. The portion of Port
Chicago in this project is between East Olivera Road
and Concord Blvd.

7.b7.b7.b7.b

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City Council Agenda Report
Agenda Item No. 7.b
February 7, 2023

4. Pavement Maintenance Zone 2O (Project No. 2624)
located south of Monte Gardens Elementary School
between Los Flores Avenue and Concord Boulevard.

CEQA: Not a "project" under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, is exempt pursuant to Section 15061(b)(3).

Report in Brief
Residential Pavement Maintenance – Phase E consists of Pavement Maintenance - Zones 2H & 2Q (Project No. 2611), Pavement Maintenance – Zone 4L (Project No. 2613), Pavement Maintenance – Zones 5M, 5H, & Port Chicago Highway (Project No. 2621), and Pavement Maintenance - Zone 2O (Project No. 2624). The projects will rehabilitate and maintain pavement in four residential neighborhoods, for which the general locations for each zone are as follows (see Attachment 1 for a detailed map):
 Zone 2H: south of Concord Boulevard between West Street and Clayton Way.  Zone 2Q: east of Monte Gardens Elementary School between Willow Pass Road and Beechwood Drive.
 Zone 2O: south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard.
 Zone 4L: south of Concord Community Park, between Ridge Park Drive and St Francis Drive.
 Zone 5M: east of Port Chicago Highway from East Olivera Road to North Sixth Street.
 Zone 5H: east of Port Chicago Highway between North Sixth Street and Erie Drive.
 Port Chicago Highway: Between East Olivera Road and Concord Boulevard.

Engineering services are needed to initiate the design of Project Nos. 2611, 2613, 2621, and 2624, which involves the development of plans, specifications, construction cost estimates, bid documents, and construction support. Along with pavement maintenance and rehabilitation, design includes the installation of curb ramps at intersections to meet accessibility standards, minor sidewalk or curb and gutter repairs, fiber optic conduit installation, and striping.

The Residential Pavement Maintenance – Phase E project design is expected to start in February 2023 and be completed by October 2024. Following design, staff will advertise for construction bids; advertising a paving project in fall/winter period will lead to more competitive bid prices. Construction is anticipated to begin in Spring 2025.

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City Council Agenda Report
Agenda Item No. 7.b
February 7, 2023
The project is funded by Measure V Funds.

Recommended Action
Approve a Professional Services Agreement with Bellecci & Associates in the not-to exceed amount of $929,271.20 (base agreement of $844,792.00 plus Staff authority to spend up to $84,479.20) for design engineering and related services for the following four projects in Residential Pavement Maintenance Phase E; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds); and make the CEQA determinations as provided in this staff report:

2. Pavement Maintenance Zone 4L (Project No. 2613), located south of Concord Community Park, between Ridge Park Drive and St Francis Drive.

3. Pavement Maintenance Zones 5M, 5H, and Port Chicago Highway (Project No. 2621). Zone 5M and 5H are located east of Port Chicago Highway between East Olivera Road and Erie Drive. The portion of Port Chicago in this project is between East Olivera Road and Concord Blvd.

4. Pavement Maintenance Zone 2O (Project No. 2624), located south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard.

Background
On June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Residential Pavement Maintenance – Phase E (City Project Nos. 2611, 2613, 2621, & 2624).

In June 8, 2021, the City Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which an included appropriation of $3,238,000 to fund the fully fund design of the subject projects. Funds to cover the remaining costs of construction are anticipated to be added to the projects at the next mid-cycle adjustments to the CIP Budget.

Analysis/Procurement Process
Staff issued a Request for Proposals (RFP) on October 25, 2022 for consultants to provide design and related services for Residential Pavement Maintenance – Phase E (City Project Nos. 2611, 2613, 2621, & 2624). The RFP was advertised in the local newspaper and on the City’s Procurement Website (Public Purchase). Two proposals were received, reviewed, and ranked by the selection committee comprised of City Staff from Engineering Services.

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City Council Agenda Report
Agenda Item No. 7.b
February 7, 2023
Based on the analysis of the proposals, interviews, and references, Bellecci & Associates was selected as the most qualified firm to provide design and related services for Residential Pavement Maintenance – Phase E (City Project Nos. 2611, 2613, 2621, & 2624). City Staff and Bellecci & Associates negotiated the scope of work, cost for the services, and agreed upon $844,792.00 as a fair and reasonable compensation for the services needed to complete the design phase of the project.

Bellecci & Associates has extensive experience in the design of paving projects in the Bay Area. They have designed Concord’s North 6th Street, Solano Way, Wren Avenue Pavement Rehabilitation Project (City Project No. 2361), and most recently completed design for Meadow Lane/Market Street Paving Project (Project No. 2582).

Financial Impact
An estimated $844,792.00 is needed to fully fund the design of Residential Pavement Maintenance – Phase E (City Project Nos. 2611, 2613, 2621, & 2624), which includes design services, staff time, advertising, administrative costs, and contingencies.

Project Nos. 2611, 2613, 2621, & 2624 are currently funded by $3,238,000 from Measure V Funds (Fund 407 and 490). Additional funds to cover the cost of construction are expected to be added at a later date.

Environmental Determination
This design activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) or CEA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Professional Services Agreement with Bellecci & Associates with Exhibit A, Cost Proposal

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ATTACHMENT 1

Project Location Map Summary
Residential Pavement Maintenance – Phase E
City Project Nos. 2611, 2613, 2621 & 2624
PJ 2621
PJ 2611

PJ 2613
PJ 2624

Page 5 of 22 ends

Project Location Map
Pavement Maintenance - Zones 2H & 2Q - Project No. 2611

Page 6 of 22 ends

Project Location Map
Pavement Maintenance – Zone 4L - Project No. 2613

Page 7 of 22 ends

Project Location Map
Pavement Maintenance - Zones 5M & 5H, and Port Chicago Highway - Project No. 2621

Page 8 of 22 ends

Project Location Map
Pavement Maintenance - Zone 2O - Project No. 2624

Page 9 of 22 ends

AGREEMENT FOR PROFESSIONAL SERVICES
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 THIS AGREEMENT (“Agreement”) is entered into on February 7, 2023, between the City of Concord (“CITY”) and Bellecci & Associates, Inc., 2290 Diamond Boulevard, Suite 100, Concord, CA 94520 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings, and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on February 7, 2023, and expire on June 30, 2024.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Residential Pavement Maintenance – Phase E, City Project Nos. 2611, 2613, 2621 & 2624. described in detail in Exhibit A, a proposal from Bellecci & Associates dated January 3, 2023, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed nine-hundred twenty- nine thousand two-hundred seventy-one dollars and twenty cents ($929,271.20) for the term of this Agreement. The total includes the sum of the base contract of eight-hundred forty-four thousand seven- hundred ninety-two dollars ($844,792) and a 10% contingency of eighty-four thousand four-hundred seventy-nine dollars and twenty cents ($84,479.20). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 2

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28 receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Robert Broestl, P.E., Principal.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,

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28 restitution, quantum merit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further

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28 agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies

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28 of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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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 Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be

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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, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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

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

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

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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28 or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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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 the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort, and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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

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

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28 power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Robert Broestl
Bellecci & Associates, Inc.
2290 Diamond Boulevard, Suite 100
Concord, CA 94520
Phone: (925) 318-2071

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.

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: Robert Broestl Name: Valerie Barone
Title: Principal Title City Manager
Address: 2290 Diamond Boulevard, Suite 100 Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519
Telephone: (925) 318-2071 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 $929,271.20
Account Code: 4079500C999-74500 / 4072621113-74500

Finance Director's Signature

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TASK
RATE 220 210 164 130 220 150 174 110 96 106 1.1 1.1 1.1 # TASKS DESCRIPTION Professional Professional Assistant Professional Survey Survey Survey Survey Administration HRS. DIRECT TOTAL Engineer III Engineer II Engineer I Engineer I Surveyor Technician II Chief of Party Rodman Apprentice III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 24 4 28 $5,704.00 2 Kick-off Meeting 2 2 4 $860.00
3 Project Meetings (City Staff) 8 8 16 $3,440.00
4 Public Outreach Meetings (1-BPAC & 1-Public Outreach) 12 12 6 30 $6,144.00 5 QA/QC 8 8 16 $3,440.00
Sub-Total 54 30 6 0 0 0 0 0 0 4 0 0 $0 94 $19,588.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, etc.) 2 8 16 26 $4,200.00 2 Detailed Site Investigation & Mark Pavement Repairs 8 160 160 160 488 $82,400.00 3 Topographic Survey Base Map 2 4 8 32 58 58 $19,800 162 $46,092.00 4 Geotechnical Investigation (PEI) 8 16 $240,000 24 $269,120.00 Sub-Total 20 188 160 176 8 32 58 58 0 0 $240,000 $0 $19,800 700 $401,812.00 1 Preliminary Plans & Estimate (30%) 12 80 80 480 4 656 $95,384.00 2 Plans, Specifications & Estimate (60% & 90%) 16 160 160 860 4 1,200 $175,584.00 3 Final Plans, Specifications & Estimate (100%) 12 100 80 480 4 676 $99,584.00 Sub-Total 40 340 320 1,820 0 0 0 0 0 12 $0 $0 2,532 $370,552.00 1 Bid Period Services 2 8 16 8 34 $5,592.00
Sub-Total 2 8 16 0 0 0 0 0 0 8 $0 $0 $0 34 0 $5,592.00
1 Construction Phase 16 72 48 128 16 280 $44,848.00
Sub-Total 16 72 48 128 0 0 0 0 0 16 $0 $0 $0 280 0 $44,848.00 1 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) $2,400 $2,400.00

PROJECT T
OTAL 132 638 550 2,124 8 32 58 58 0 40 $240,000 $0 $19,800 3,640 $2,400 $844,792 1 Potholing (Allowance
for 40 Potholes) 2 8 40 $80,000 50 $95,320.00
2 Right of Way Research 2 4 12 24 42 $7,520.00
Sub-Total 4 12 0 40 12 24 0 0 0 0 $0 $80,000 $0 92 $102,840 1 2 Miscellaneous e
xpenses include mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx, etc. 3 4
5 6
7 8
9 10
11 12
13 14
Geotechnical borings may be performed in City right of way City encroachment permit fees for geotechnical and potholing work will be waived.

City pays for all outside agency fees (Caltrans and utility companies).

City is performing all environmental documentation for compliance.

Task 5 - Construction Phase
Geotechnical

(PEI)
Potholing Sub-
Contracto
r

PROJECT BU

DGET ESTIMATE
Task 4 -
Bid Period Services
Task 3 - Plans, Specifications & Estimate
Easement and right of way plats and legal descriptions are not included and if needed all property owner negotiations will be done by the City.

Project Assumptions
Aerial Mapping

(360 Aerial Sur
vey)
Task 1 - Project Administration
Task 2 - Site Investigation, Data Collection, & Survey

COST PROPOSA
L
City of
Concord
Residential Pavement Maintenance – Phase E
January
5, 2023
City will print and distribute all bid documents.

Additional Services (Optional)
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total approved budget is not exceeded.

ADA curb ramps and bulb-outs are not designed with grades, they will be shown on the plans to be "field fit".

The proposed bike striping improvements will consist as sharrows. Bike lane options are not included in the project.

Project plans, specifications and estimate (PS&E) submittals to the City for review will be at the 60%, 90%, and 100%/Final bid stages.

Right of way research is from available on-line Parcel Quest information and does not include any survey field work or acquiring any preliminary title reports.

City will provide the boiler plate for the front end specifications in Word for Bellecci to modify to be project specific.

Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others.

Exhibit A to Attachment 2

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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 letter of support for SB X1-2 (Oil Price Gouging Penalty).

Report in Brief
On December 5, 2022, Governor Gavin Newsom and Senator Nancy Skinner unveiled a proposed price gouging penalty on oil companies’ excess profits to deter excessive price increases and keep money in Californians’ pockets. The announcement followed unexplained gas price hikes that led to record profits for Big Oil. Affirmative action on this item will result in Mayor Hoffmeister, acting on behalf of the City Council, sending a letter of support for the legislation (Attachment 1).

Recommended Action
Authorize Mayor Hoffmeister to send a letter of support for SB X1-2 (Oil Price Gouging Penalty).

Background
The Legislature found and declared the following:
(a) From August to October of 2022, Californians experienced some of the highest gasoline prices ever recorded in the state, even though the price of crude oil declined, state taxes and fees remained unchanged, and gasoline prices did not increase outside the western United States. (b) Much of this increase was caused by refiners, which increased the costs and profits they added to the price California consumers paid at the pump, leading to prices that were substantially higher per gallon than average prices in the rest of the United States.

7.c7.c7.c

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City Council Agenda Report
Agenda Item No. 7.c
February 7, 2023
(c) During the third and fourth quarters of 2022, the overlap in timing of planned maintenance at refiners’ facilities resulted in a larger decrease in crude oil processing capacity than would otherwise have occurred if planned maintenance at refiners’ facilities had not coincided.
(d) During this same period of time, refiners allowed gasoline inventory levels to reach decade-low levels, placing an upward pressure on gasoline prices. (e) This refiner conduct makes clear that greater transparency into and oversight of refinery maintenance schedules and inventory is necessary, to avoid preventable supply shocks in the market for transportation fuels. (f) Historically, refinery outages and issues have created an opportunity for market participants to take advantage of naturally high prices by manipulating prices to stay higher longer, as evidenced by gasoline prices in California remaining elevated without explanation following a temporary price shock after a refinery explosion in 2015, which further demonstrates the need for greater visibility into the pricing, contracting, and marketing practices of industry participants.
(g) Although preventable capacity limitations and inventory shortages played a role in the third quarter of 2022 price increases, they cannot account for all of those increases. Similar factors did not lead to extreme price spikes in prior years, suggesting that the sky-high prices Californians faced from August to October of 2022 were due in significant part to opportunistic price gouging by oil companies.
(h) Indeed, during the third quarter of 2022, refiners earned record profits, with some refiners earning more than tenfold their profits for the same period of time in 2021.
(i) Fundamental change is necessary to prevent future extreme price spikes and price gouging by oil companies, which are entitled to a reasonable return but are not entitled to reap exorbitant profits at the expense of Californians, many of whom rely on gasoline as an essential commodity or who are impacted by the increased cost of goods and services that results from the gasoline price spikes, even as the state begins to transition away from dependence on the fossil fuels that are destroying our climate.

Analysis
Passage of the proposed legislation (Attachment 2) would do all of the following:
(a) Require that the State Energy Resources Conservation and Development Commission (Energy Commission) conduct regular assessments of the supply and price of transportation fuels in the state, and of the impacts on production of refinery maintenance and turnarounds on fuel supply and price.

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City Council Agenda Report
Agenda Item No. 7.c
February 7, 2023
(b) Expand the Energy Commission’s authority to investigate and obtain necessary information, including information regarding pricing, supply contracts, and inventory management, from participants in the market for transportation fuels.
(c) Expand the Energy Commission’s authority to order that refinery maintenance and turnarounds be rescheduled in specified circumstances, when consistent with employee and public safety and necessary to avoid supply shocks in the market for transportation fuels.
(d) Establish an advisory committee of fuels market experts to provide the Energy Commission with independent advice and insights. (e) Require the Energy Commission and the State Air Resources Board, in consultation with the state’s fuel producers and refiners, to plan for and monitor progress toward the state’s reliable, safe, equitable, and affordable transition away from petroleum fuels, and to issue periodic reports to the Governor and the Legislature.
(f) Supplement existing refinery reporting requirements by requiring more detailed reports to the Energy Commission on transportation fuel imports, inventory levels, and transactions, and on refinery maintenance turnarounds.

Financial Impact
There are no direct fiscal impacts. This bill would state the intent of the Legislature to enact subsequent legislation relating to transportation fuels, as described, including requiring the commission to conduct regular assessments of the supply and price of transportation fuels in the state, and of the impacts on production of refinery maintenance and turnarounds on fuel supply and price.

Public Contact
The City Council Agenda was posted.

Attachments

1. Proposed letter of support from Mayor Hoffmeister

2. Language of the proposed price gouging penalty

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February 7, 2023
The Honorable Senator Nancy Skinner
Capitol Office, 1021 O Street, Suite 8630
Sacramento, CA 95814
Sent via email: [email protected]
Re: SUPPORT for SB X1-2: Transportation fuels: maximum gross gasoline refining margin Senator Skinner:

On behalf of the City Council, I am writing to express the City of Concord’s strong support for SB X1-2, the Price Gouging Penalty bill.

As oil companies hiked prices and raked in record profits in late 2022, the impacts have had a ripple effect that staggered communities, consumers, labor, and businesses across the state. We support the Price Gouging Penalty to discourage these price hikes from happening in the first place and help provide much needed oversight and transparency to hold the oil and gas industry accountable– creating checks and balances to protect Californians. If oil companies exceed the bill’s threshold for maximum refining margins, they will be charged a tiered penalty amount to be deposited into the Price Gouging Penalty Fund, which will return these excessive profits back to Californians for the prices they were gouged at the pump.

Furthermore, we support expanding the authority of the California Energy Commission and California Department of Tax and Fee Administration to investigate and obtain information from Big Oil. With increased oversight and transparency, the state can evaluate costs, profits, and pricing in the refining, distribution, and retail segments of the California gasoline market to uncover irregularities and minimize the likelihood of future unjustifiable price hikes.

Due to the significant and severe environmental and financial burdens that the oil and gas industry has imposed for decades, the City of Concord thanks you for taking steps to Attachment 1

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provide realistic solutions that will support communities, consumers, labor, and businesses through oversight and accountability.

Sincerely,
Laura M. Hoffmeister
Mayor
Cc: Concord City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk
Marjon Saulon, Office of Governor Gavin Newsom

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Attachment 2

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Staff Report
Date: February 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for Clayton Road Traffic Operation Improvements - Phase 2 (Project No. 2579) constructing
interconnected fiber-optic cabling on Clayton Road between Galindo Street and Washington Boulevard:
(1) Award of a construction contract in the amount of
$4,036,910.00 to Gruendl Inc. DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
(2) Approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and
related services; and authorizing the City Manager to execute the agreements, in a form acceptable to the City Attorney; (3) Approval of a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at

7.d7.d7.d7.d7.d7.d

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and
(4) Approval of an amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; and authorizing the City Manager to execute the amendment, in a form acceptable to the City Attorney.

Report in Brief
The City of Concord released its Broadband Master Plan in March 2018, which includes development of a fiber-optic network to help manage communication between Citywide facilities and infrastructure. This includes improving the communication and efficiencies of traffic operations throughout the City by interconnecting traffic signals with high- speed fiber-optic cables. Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579) involves the construction of interconnected fiber-optic cable on Clayton Road, between Galindo Street and Washington Boulevard, to help improve real-time traffic monitoring, central communications, and incident management.

This project is currently divided into 3 parts. The base bid is on Clayton Road from Galindo Street to Farm Bureau Road. Bid Additive 1 is on Clayton Road from Farm Bureau Road to Treat Boulevard. Bid Additive 2 is on Clayton Road from Treat Boulevard to Washington Boulevard.

Construction of Project No. 2579 consists of installing fiber-optic cables through new and existing conduits. Work will also include installing new fiber-optic pull boxes, connecting fiber-optic cables into traffic signal cabinets, and connecting to existing fiber- optic interconnects. Project No. 2579 will also allow for improved operations and communications along Clayton Road.

The project has been designed and released for competitive construction bids in October 2022. Gruendl Inc. DBA Ray’s Electric (Ray’s Electric) of Oakland, CA was the lowest responsive and responsible bidder. The total bid received from Ray’s Electric was $4,036,910.00. Staff recommends award of a construction contract to Ray’s Electric for the total bid, and a project contingency for contract change orders up to 10% of the contract amount.

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
In order to fully fund the construction of Project No. 2579, Staff recommends transferring $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579).

If the construction contract and budget transfer are approved, Project No. 2579 will start construction in August 2023 pending material procurement, specifically cabinets and controllers from the agreements for professional services with Cubic commenced on December 23, 2021.

Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579) is an extension of Clayton Road Traffic Operation Improvements – Phase 1 (Project No. 2547), which installed fiber optic conduit and fiber on Clayton Road from Sutter Street to Market Street. Project No. 2579 is also scheduled to be completed before the construction for Clayton Road Pavement Rehabilitation Project (Project No. 2609) begins in Spring 2025.

On October 28, 2022, the City Council awarded a construction contract for the On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 to DC Electric Group Inc.

The program was generated to provide City staff with access to an on-call Contractor to perform as-needed repairs, upgrades, and equipment installations to traffic signals and streetlights. An increase in DC Electric’s on-call contract limit is needed in order to install Traffic Video Detection Cameras at 20 intersections along this corridor.

Recommended Action

1. Award a construction contract in the amount of $4,036,910.00 to Gruendl Inc.

DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney,and make the CEQA determinations as provided in this staff report;

2. Approve an agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreements, in a form acceptable to the City Attorney.

3. Approve a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and

4. Approve amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; and authorizing the City Manager to execute the amendment, in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
In March 2018, the City of Concord released its Broadband Master Plan. The City collaborated with Magellan Advisors to assist in the development of a Fiber-Optic Strategy Plan, with the goal to gather information and better understand the needs of the City and other stakeholders to learn about the needs to deliver broadband services and improve communication between City facilities and local businesses.

On December 1, 2020, the City Council approved the creation and funding for the design of Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579).

After approval of the new Project No. 2579, Staff issued a Task Order under the On-call Master Services Agreement with Kimley-Horn to start design. The project was advertised for bids on October 2022.

On October 28, 2022, the City Council awarded a construction contract for the On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 to DC Electric Group Inc.

The program was generated to provide City staff with access to an on-call Contractor to perform as-needed repairs, upgrades, and equipment installations to traffic signals and streetlights.

Analysis
Construction Contract
Gruendl Inc. DBA Ray’s Electric (Ray’s Electric) of Oakland, CA, was the apparent low bidder and submitted a total bid of $4,036,910.00 (including Base Bid, Bid Additive 1, and Bid Additive 2) to construct the improvements for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579). After review of bid documents, Staff determined Ray’s Electric submitted a responsive and responsible bid.

The summary of the Base Bid, Bid Additive 1, and Bid Additive 2 is as follows:

Base Bid
Base Bid includes improving the communication and efficiencies of traffic operations throughout the City by interconnecting traffic signals with high-speed fiber-optic cables,

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
the construction of interconnected fiber-optic cable on Clayton Road, between Galindo Street and Farm Bureau Road, to help improve real-time traffic monitoring, central communications, and incident management
Bid Additive 1
Bid Additive 1 includes improving the communication and efficiencies of traffic operations throughout the City by interconnecting traffic signals with high-speed fiber- optic cables, the construction of interconnected fiber-optic cable on Clayton Road, between Farm Bureau Road and Treat Boulevard, to help improve real-time traffic monitoring, central communications, and incident management Bid Additive 2
Bid Additive 2 includes improving the communication and efficiencies of traffic operations throughout the City by interconnecting traffic signals with high-speed fiber- optic cables, the construction of interconnected fiber-optic cable on Clayton Road, between Treat Boulevard and Washington Boulevard, to help improve real-time traffic monitoring, central communications, and incident management.

Procurement Process
Construction Contract
Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579) was advertised for construction bids as required by State law and City policy. During the bid period, two (2) Bid Addenda were issued. Bids were opened on December 8, 2022. Five (5) bids were received, in amounts ranging from $4,036,910.00 to $5,452,225.00. The Engineer’s Estimate for the total bid was $4,610,380. The bid pricing of the engineer’s estimate and three lowest bidders is shown in the table below.

Bid Schedule Engineer’s
Estimate
Gruendl Inc.

DBA Ray’s
Electric
St. Francis
Electric, LLC.

Bear Electrical
Solutions, Inc.

Base Bid $1,729,460.00 $1,489,495.00 $1,500,017.00 $1,726,757.50 Bid Additive 1 $751,430.00 $696,515.00 $661,576.00 $769,640.00 Bid Additive 2 $2,129,490.00 $1,850,900.00 $1,875,407.00 $2,115,970.00 Total Bid $4,610,380.00 $4,036,910.00 $4,037,000.00 $4,612,367.50 The basis of award for this project is the Total Bid (Base Bid plus Bid Additive 1 plus Bid Additive 2)
Gruendl Inc. DBA Ray’s Electric (Ray’s Electric) of Oakland, CA was the apparent low bidder. Staff reviewed the bid proposed and determined Ray’s Electric submitted a

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
responsive and responsible bid. Staff contacted Ray’s Electric as the lowest bidder to obtain confirmation of their bid amount, and can also confirm that they are ready to perform the work as bid. Staff completed analysis of Ray’s Electric, determining that this contractor possesses an appropriate and valid license, and is not on any debarred list.

Ray’s Electric has satisfactory references and has successfully completed similar projects for other local agencies in the Bay Area. In addition, Ray’s Electric is registered with the Department of Industrial Relations as required by SB 854.

The total bid submitted by Ray’s Electric is lower than the Engineer’s Estimate for Project No. 2579, so Staff recommends award of a construction contract since the total bid price is within reason. Staff also recommends proceeding with construction of Project No. 2579 in the Fall/Winter of 2023 after Video Detection Systems (VDS’s) are installed at all the intersections and cabinets and controllers are received. Ray’s Electric and their subcontractors have agreed to be bound by the citywide Project Stabilization Agreement.

Professional Services Agreement for Construction Management Management of this construction project requires support from a construction management firm. Staff issued a Request for Proposal (RFP) for construction management and materials testing services on September 16, 2022 for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579). The RFP was advertised in the local newspaper and the City’s Procurement Website. One proposal was received, which was reviewed by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposal and references, Swinerton Management and Consulting (SMC) was selected as the most qualified firm to provide construction management and materials testing services for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579). City staff and Swinerton negotiated the scope of work, and cost for the services, and agreed upon a combined $431,075, with $406,075.00 for construction management services and $25,000.00 for materials testing services, as fair and reasonable compensation for the services needed manage the construction and test the materials for the project. SMC’s materials testing sub- consultant Ninyo & Moore has agreed to be bound by the citywide Project Stabilization Agreement.

On-Call Traffic Signal Repair Contract Increase
The amount of Video Detection System (VDS) equipment to be installed throughout the duration of the On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 contract (from October 2022 to October 2023) far exceeded staff’s expectations. As a result, staff underestimated the target not to exceed annual expenditure amount applied to DC Electric Group Inc.’s on-call contract, which was set at $200,000. VDS’s are to be installed at all intersections with traffic signalization prior to any fiber optic installation to ensure proper connections between the new and existing systems. Therefore, all

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
fiber projects for the remaining contract duration including PJ 2579 will require the installation of VDS’s at each intersection with traffic signals before construction commences. Thus, a contract amendment is necessary to increase the maximum annual expenditures to $500,000 to cover the unanticipated volume of work and VDS installations.

Financial Impact
The Total Bid includes the Base Bid, Bid Additive 1, and Bid Additive 2. The City reserved the right to award any combination of bid schedules for the project at its own discretion. The total available project funding, after accounting for design and bidding, is approximately $3,660,000. To award the Base Bid, Bid Additive 1, and Bid Additive 2, approximately $5,567,000 is needed to cover the construction costs, 10% contingency, construction management and inspection services, and staff oversight costs. In order to fund the full construction of Project No. 2579, a budget transfer of $1,907,000 is recommended.

Staff recommends a budget transfer for $1,100,000 from Clayton Road Pavement Rehabilitation Project (Project No. 2609) 2021 Debt Issuance Measure V Funds (Fund 407), $612,500 from Innovative Transportation Program (Project No. 2573) 2021 Debt Issuance Measure V Funds (Fund 407), and $200,000 from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) 2021 Debt Issuance Measure V Funds (Fund 407).

After Council’s approval of the recommended budget transfer, there will be sufficient funds in the budget of Project 2579 to fund all related construction costs.

Project No. 2579 is funded by PEG Fees Funds (Fund 225) and 2021 Debt Issuance Measure V Funds (Fund 407).

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, Public Resources Code Sections 21065 and/or 21080.19, award of these contracts is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302– Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations as it involves fiber optic installation, traffic signal modifications, and adjusting utilities to grade. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis.

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City Council Agenda Report
Agenda Item No. 7.d
February 7, 2023
Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Professional Services Agreement with Swinerton Management and Consulting for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579), with Exhibit A – Fee Estimate

4. First Amendment to DC Electric Group Inc.’s On-Call and Streetlight Repair Services Contract

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ATTACHMENT 1

Project Location Map
Clayton Road Traffic Operation Improvements – Phase 2
City Project No. 2579

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City of Concord
Bid Sheet
PROJECT #2579 Bid Opening:

Clayton Road Operation Improvements -
Phase 2
Thursday,
December 8, 2022
2:00 p.m.

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

COMPANY TOTAL BID
Ray’s Electric
411 Pendleton Way, Suite B
Oakland, CA 94621-2155
$4,036,910.00
St. Francis Electric, LLC
975 Carden Street
San Leandro, CA 94577
$4,037,000.50
Bear Electrical Solutions
P.O. Box 924
Alviso, CA 95002
$4,612,367.50
Columbia Electric, Inc.
1980 Davis Street
San Leandro, CA 94577
$4,978,502.50
Tennyson Electric Inc.
7275 National Drive Ste A2
Livermore, CA 94550
$5,452,225.00
Contact: Justin Bosch x5008
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on February 7, 2023 between the City of Concord (“CITY”) and Swinerton Management & Consulting, 2001 Clayton Road, Sixth Floor, Concord, Ca 94520 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings, and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on February 7, 2023, and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Clayton Road Traffic Operation Improvements, Project No. 2579 described in detail in Exhibit A, a proposal from Swinerton Management & Consulting dated October 20, 2022, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

The total includes the sum of the base contract of four-hundred thirty-one thousand seventy-five dollars ($431,075.00) and a 10% contingency of forty-three thousand one hundred seven dollars and fifty cents ($43,107.50). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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Gee, Vice President.

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28 restitution, quantum merit, or similar relief.

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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10. INDEMNIFICATION.

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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28 million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

D. Compliance with State Workers' Compensation Requirements.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

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

16. CONFLICT OF INTEREST.

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20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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

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28 power to bind or commit the CITY to any decision.

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: Jefferey S. Gee
Swinerton Management & Consulting
2001 Clayton Road, 6th Floor, Concord, CA 94520
Concord, CA 94520
Phone: (650) 483-7412

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28 or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jeffrey S. Gee Name: Valerie Barone
Title: Principal Title City Manager
Address: 2001 Clayton Road, 6th Floor Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519
Telephone: (650) 438-7412 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 $474,182.50
Account Code: 4079500C999-74500 / 4072579113-74500

Finance Director's Signature

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PROPOSAL TO:

CITY OF CONCORD

COMMUNITY DEVELOPMENT DEPARTMENT

ENGINEERING SERVICES DIVISION
1435 Gasoline Alley
Concord, CA 94520
Attention: Mr. Justin Bosch, P.E.

Associate Civil Engineer
FOR

CONSTRUCTION MANAGEMENT AND MATERIAL

TESTING SERVICES
FOR

CLAYTON ROAD TRAFFIC OPERATION
IMPROVEMENTS PHASE 2
CITY PROJECT NO. 2579
OCTOBER 20, 2022
Exhibit A to Attachment 3

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TABLE OF CONTENTS
Table of
Contents
A Safer California through Civic Excellence...
“We must not Loose Faith in Humanity“
~ Mahatma Ghandi ~
01 Cover Letter
 Commitment of Personnel
 Distinguishing Features and Capabilities
 Project Stabilization Agreement
 Office Location

02 Professional Experience
 Brief History of Firm | Team’s Experience
 Similar Fiber Optic Projects
 Professional Experience | References
03 Project Team Experience
 Organizational Chart
 Qualifications and Experience of Team | Roles and Responsibilities  Resumes

04 Consultant ’s Proposed Approach to the Scope of Work and Pr oject Understanding
 Understanding of the Project, Key Goals for Success and Anticipated Challenges  Procedures and Methodologies
 Community Relations | Public Outreach
 Anticipated Involvement with City Staff
 Coordination with Stakeholders

05 F ee Proposal - Under Separate Cover
 Cost Matrix
 Exhibit 10K - Swinerton
 Exhibit 10K - Ninyo and Moore

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1 COVER LETTER
Tab 1
Cover Letter
A Safer California through Civic Excellence...
“Public Trust is Essential to Public Safety“
~ Martin O’Malley ~

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S winerton | Cover Letter
01 COVER LETTER
October 20, 2022
Mr. Justin Bosch, P.E.

Associate Civil Engineer

CITY OF CONCORD
Community Development Department
Engineering Services Division
1435 Gasoline Alley
Concord, CA 94520
RE: Proposal for Construction Management Services and Materials Testing Services Cit y of Concord’s Clayton Road Traffic Operation Improvements Phase 2 | City Project No. 2579 Dear Mr. Bosch:

Swinerton Management & Consulting (Swinerton) is pleased to present our Proposal for Construction Management Services and Materials Testing Services for the City of Concord’s Clayton Road Traffic Operation Improvements Phase 2 | Project No. 2579. Swin- erton is eager about the prospect of working with the City of Concord again. We keep our ongoing relationship and partnership with the City in the highest regard.

As you know, Swinerton is a full-service Construction Management firm with the ability to deliver a wide range of services that the City of Concord is seeking for this project. Swinerton has a long history of successfully completing improvement projects not only within the City of Concord, but also in the Cities of Pleasanton, San Pablo, Richmond, Dublin, and South San Francisco. We have specific experience installing fiber optic conduit and cable connecting signalized intersections, most recently for the City of Pleas- anton. Our experience also includes modifying intersections, including traffic control, construction signage, installation of fiber optic communications cable in conduit, pull boxes, fiber optic splicing and testing, new signal controllers and cabinets, Contra Costa video detection, and related hardware.

In addition, we bring extensive experience coordinating with the various City Departments, Design team and Contractor, Water District, and other local utilities and stakeholders. We perform construction contract administration, public outreach, schedule and budget monitoring, document control, daily onsite inspections, materials sampling and testing coordination, quality assurance, claims mitigation, and project close-out. Swinerton is committed to the City of Concord by providing professional team members with highly relevant and recent experience with the scope of work identified in the Request for Proposal.

DISTINGUISHING FEATURES AND CAPABILITIES - A TEAM THAT HAS EXPERIENCE WITH THE CITY OF CONCORD. What sets Swinerton apart from the rest is our dedication and commitment to the City of Concord. We have successfully provided services to the City of Concord’s Engineering Division for over 10 years and have developed a strong partnership with the City over that time.

We maintain the City’s best interests as our top priority, understand the Engineering Division’s goals and objectives, and with their direction, are capable of acting on their behalf. In addition, Swinerton is very familiar with the City’s processes and procedures and we will work together with the City’s Traffic Engineering Division to ensure a successful project is delivered.

Mr. Robert Addiego, Project Executive, has over 28 years of construction management experience and will lead the Swinerton team on the Clayton Road Traffic Operation Improvements Phase 2 Project. He has successfully worked with the City of Concord on previ- ous traffic improvement projects and understands the City’s expectations and the effort needed to meet or exceed those expecta- tions. Our Senior Resident Engineer, Mr. Bill Coletto is a licensed Professional Engineer with many years of pavement, roadway and infrastructure experience, including installing fiber option conduits and communications improvements. He will be supported by our Assistant Resident Engineer, Oscar Zhao, P.E. and Construction Inspector, Mr. Jonathan Haworth, who both bring extensive experi- ence with fiber optic and traffic signal modification projects. Included on our team is Ninyo & Moore to provide special inspection and materials sampling and testing. Ninyo & Moore also brings extensive experience on similar utility projects.

DISTINGUISHING FEATURES AND CAPABILITIES - SWINERTON RESOURCES. In addition, our Project Team will be supported by Swinerton’s wealth of corporate resources, such as safety, cost estimating, scheduling and risk management that are available to our Team upon request to help deliver the project safely, on time, within budget and with a high level of quality.

DISTINGUISHING FEATURES AND CAPABILITIES - DEDICATION TO OUR CLIENTS. Swinerton strives to build collaborative relationships with City staff, maintaining thorough communication, and always having the City’s best interests in mind. We will work together to make the City’s goals and objectives our own, and to ensure those goals are met. Our Project Team’s recent and relevant experience includes similar projects with the Cities of Richmond, Pleasanton, Dublin, and Menlo Park. We completed the City of Con- cord’s Operational Improvements along Parallel Arterial Lines Project No. 2356 and we are currently working on the City of Concord’s Citywide Traffic Systems Upgrade Project. We will apply that experience to this Project to properly plan, anticipate and manage the project’s intricacies and challenges to ensure its success; we have the experience to provide the foresight and knowledge to ensure a quality project is delivered on time and within budget.

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S winerton | Cover Letter
01 COVER LETTER
DISTINGUISHING FEATURES AND CAPABILITIES - EXPERIENCE WITH PSA’S. Swinerton and Ninyo & Moore will comply with the City’s Project Stabilization Agreement (PSA). We have successfully assisted the City of Concord in implementing and moni- toring their PSA on several projects over the years, including coordinating the Pre-Job Meetings with the Trades Council and local unions, and monitoring the Contractor and their subcontractors, making sure that the certified payroll and labor usage reports are completed and submitted.

We have a local office at 2001 Clayton Road, 6th Floor, Concord, CA, which will enable us to respond quickly and efficiently to the City. We are excited to be given the opportunity to offer our professional services to the City of Concord. We are committed to provide the highest quality of services and our staff presented herein will be available to assist the City at a moment’s notice.

Should you have any questions or desire any additional information, please contact Robert Addiego at (925) 270-5636 or email at [email protected], or me at (650) 483-7412, or email at [email protected].

Very truly yours,
Jeffrey S. Gee, AIA

SWINERTON MANAGEMENT & CONSULTING
Vice President | General Manager
Principal-In-Charge

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2 PROFESSIONAL EXPERIENCE
Tab 2
Professionl Experience
A Safer California through Civic Excellence...
“You cannot Hope to Build a Better World without Improving the Individuals. ” ~ Marie Curie~

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S winerton | Professional Experience
02 PROFESSIONAL EXPERIENCE

EXPERIENCE OF FIRM

SWINERTON MANAGEMENT & CONSULTING . The Swinerton Family of Companies, established in 1888, formerly Swinerton & Walberg, was incorporated in the State of California in 1908. Throughout the years, the Company has established its identity and reputation for high quality construction, integrity, customer satisfaction, financial stability and project team excellence.

The family spirit and values of the Swinerton Companies has been the keystone of our successful 134-year history. These values are still apparent, having provided a consistent theme to successive generations of management, and are deeply embedded in the culture of the Company today.
 The Highest Integrity
 Customer Satisfaction
 A Safe Work Environment
 Excellence in Our People
 The Quality of Our Products
As construction projects became increasingly more complex and expensive, clients found it imperative to ensure their projects were better planned, designed and executed. Swinerton, Inc. responded to these needs in 1994 by consolidating all Program and Construction Management and Consulting services into one Division. This division has evolved into Swinerton Management & Consulting (Swinerton).

STABILITY AND FINANCIAL STRENGTH
Throughout Swinerton’s history, we are proud to say that Swinerton has remained strong and steadfast. Thanks to the Company’s robust financial health and our breadth of work within positive sectors such as education, Public Works, healthcare and multi-family housing, Swinerton today is one of America’s most stable Construction Service companies. The Swinerton Family of Companies revenues were over $4 Billion in 2021.

DEPTH OF ORGANIZATION - EMPLOYEE RESOURCES
Swinerton currently employs over 4,200 employees, with offices in 20 major cities nationwide. As owners of the company, Swinerton’s employees have a vested interest in outstanding performance. Their personal sense of ownership generates extra effort, dedication, and a collaborative team attitude that delivers significant value to clients — going well beyond just dollars and cents. All resources of the Swinerton Group are available to support the project team in any and all disciplines.

IN-HOUSE RESOURCES
All resources of the Swinerton family are available to support our project teams in any and all disciplines, including: Estimating, LEED | Sustainability, HazMat, Constructability Reviews, Risk Management, Safety | Environmental, BIM / VD&C, Community Outreach and MEP Coordination.

CORPORATE STATISTICS
Swinerton, Inc. 134 Years in Business / Year Established 1888 / License No. 92 Swinerton Management & Consulting: 28 Years in Business / Year Established 1994 / License No. 993242 Legal Entity: Corporation
Federal ID #: 91-181-0375
Ownership: 100% Employee Owned
Types of Business: Program, Project, Construction Management Services and General Contracting

LOCATIONS
Currently Swinerton has offices in the following geographies:
 State of California: San Francisco, Oakland, Santa Clara, Concord, Richmond, Sacramento, San Diego, Orange County and Los Angeles
 Atlanta, Georgia
 Austin, Texas
 Dallas, Texas
 Denver, Colorado
 Portland, Oregon
 Seattle, Washington
 Spokane and Bellevue, Washington
 Honolulu, Hawaii
 Raleigh, North Carolina
 Charlotte, North Carolina
 New York, New York

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S winerton | Professional Experience
02 PROFESSIONAL EXPERIENCE

CORPORATE SOCIAL RESPONSIBILITY
Swinerton has long been dedicated to positively impacting our industry, our communities, and our employees. We believe in building responsibly, as we do so through our commitment to economic and workforce development, philanthropy, safety, health and wellness, innovation, collaboration, and ensuring we are environmentally conscientious in all of our operations. Corporate Social Responsibility (CSR) is not merely a department; it is the very DNA of our organization. All of us working together with a common CSR vision can ensure that Swinerton remains a sustainable company that builds better communities, better lives, better leaders and a better tomorrow.

THE SWINERTON FOUNDATION
The Swinerton Foundation was founded in 2002 to honor our obligation to be a committed corporate citizen. As a corporate family, we believe it is our duty to better the communities in which we live, work, and build. The Foundation has been certified by the Internal Revenue Service and the State of California as a 501(c)(3) nonprofit organization. The value of that status is that the Foundation can receive and make tax-deductible contributions. Those contributions benefit non-profit organizations that support youth, health, human services, and culture and the arts. The Foundation adopted a philosophy, that we have a responsibility to help those in need and to support our employees to do the same. We believe this philosophy mirrors the attitude of our employees and properly reflects the “soul” of the company. Since its inception, the Foundation has donated over $4.7 Million to local organizations.

SUBCONSULTANT
Swinerton has a history of working with consultants on a regular basis. We typically augment our project and construction management teams with specialized disciplines that bring added value. To ensure that we have all the resources we need to successfully manage this Project, we have added to our Team Ninyo & Moore, an MBE Firm to support our team with Materials Testing services.

NINYO AND MOORE | MATERIALS TESTING SERVICES
Ninyo & Moore, a minority-owned business, was established in 1986 to provide exceptional environmental and geotechnical engineering, engineering geology, hazardous materials, construction inspection and testing, geophysical, forensic engineering, and industrial hygiene services to the public and private sectors. Ninyo & Moore has provided these services for the design and construction of water and wastewater treatment plants, reservoirs and tanks, colleges and universities, schools, hospitals, pipelines, tunnels, storm drains, dams, municipal and commercial structures, power plants and utility installations, transmission lines, and other public and private works. Ninyo & Moore’s accredited laboratories provide full-service soils and construction materials testing services.

Ninyo & Moore is able to help clients satisfy their MBE goals and also provide subcontracting opportunities to other D/M/W/ DVBE entities. As a Minority-Owned Business Enterprise (MBE) with various agencies and a Community/Local Business Enterprise (C/LBE) in several areas, Ninyo & Moore is familiar with the goals of municipalities and government agencies relative to the utilization of disadvantaged and minority-, woman-, and disabled veteran-owned business enterprises (D/M/W/DVBE).

Ninyo & Moore’s accredited laboratories provide full-service soils and construction materials testing services. Ninyo & Moore’s laboratories are capable of performing a wide variety of geotechnical and materials testing services, including soils and aggregates, asphalt concrete, reinforced concrete, masonry, prestressed concrete, structural steel, welding, roofing, and fireproofing. Their laboratories are under the supervision of licensed professional engineers and are accredited and/or certified by national organizations, including the American Association of State Highway and Transportation Officials (AASHTO) and the Cement and Concrete Reference Laboratory (CCRL). Their laboratories are also certified by their respective State regulatory agencies, such as Caltrans, as well as local governing agencies, including county and city certifications. Testing is performed by qualified and trained laboratory personnel who maintain individual certifications for laboratory testing. Laboratory testing equipment is calibrated annually by representatives utilizing equipment traceable to the National Institute of Standards and Technology.

SIMILAR PROJECT EXPERIENCE
The Swinerton Team has successfully completed or is currently working on similar projects for the City of Concord, the City of Pleasanton and the City of Union City over the last 5 years. Projects include: City of Concord's Operational Improvements along Parallels Arterials, Project No. 2356, City of Concord, Citywide Traffic Systems Upgrade, Project No. 2493, City of Pleasanton's MCI/Verizon Business Fiber Optics Densification at various sites and the City of Union City's five different fiber optic projects totaling 4.75 miles.

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S winerton | Professional Experience
02 PROFESSIONAL EXPERIENCE
TRAFFIC IMPROVEMENTS | FIBER OPTIC EXPERIENCE
Our team is very capable of performing the required services and we are located approximately no more than 10 minutes from the project site.

Construction Management and Inspection Services for the City’s for the City’s Fiber Optic Operational Improvements project.

The project locations were throughout the City and mostly on main arterials, close coordination with the local utilities was crucial.

Swinerton and the Contractor coordinated with PG&E, AT&T, Comcast, Wave, Zayo, and the water district to verify the location of existing utilities. Construction Management services included daily onsite observation, photo documentation, preparing daily reports, coordination with materials testing and inspection firm, submittal and RFI tracking, schedule monitoring, change order review and negotiation, bid item quantity tracking and progress payment review and acceptance. Scope of work consisted of mobilization, traffic control, storm water pollution control program, potholing of existing utilities, installation of fiber optic conduit, communications cable, pull boxes, fiber optic splicing, and operational improvements at the Traffic Operations Center including network equipment.

3. Construction Management and Inspection Services for the City’s Citywide Traffic Systems Upgrades. The scope of work is for traffic signal hardware upgrades at various locations throughout the City of Concord. Scope of work includes traffic control, water pollution control program, clearing and grubbing, removing and salvaging signal equipment, abandoning signal cabinet foundations, installation of conduit, pull boxes, cabinet foundations, push button post foundations, signal hardware upgrades, installation of City-furnished controllers and signal cabinets, PG&E coordination and other details that are shown in the Plans, Standard Specifications and Special Provisions.

CITY OF CONCORD | CITYWIDE TRAFFIC SYSTEMS UPGRADE | PJ2493 CITY OF CONCORD | OPERATIONAL IMPROVEMENTS ALONG PARALLEL ARTERIALS, PJ2356 COMPLETION: 2018
PROJECT VALUE: $2.8 MILLION
CLIENT REFERENCE: CITY OF CONCORD
Mr. Bernard Enrile | CIP Manager | 925.671.3031 | bernard.enrile@cityofconcord. org COMPLETION: FEBRUARY 2023 - ESTIMATED
PROJECT VALUE: $2 MILLION
CLIENT REFERENCE: CITY OF CONCORD
Mr. Tianjun Cao, PE | Associate Civil Engineer | 925.671.3243 Swinerton was awarded an On-Call Contract with the City of Pleasanton in 2016 to provide Construction Management and Inspection Services on an as needed basis. Swinerton provided onsite inspection for the MCI/Verizon Business Fiber Optics Densification project located at various sites and that included the installation 3” flexible conduit mostly by directional boring.

The project installed 72 strand optical fiber cable. Monitored traffic control procedures, coordinated with local utilities, potholed utilities, replaced AC pavement, concrete curb & gutter, sidewalks, ADA ramps, street signs, landscaping, fencing and irrigation.

The MCI/Verizon Densification included eight projects | segments.

CITY OF PLEASANTON ON-CALL | MCI/VERIZON BUSINESS FIBER OPTICS DENSIFICATION COMPLETION: 2021
PROJECT VALUE: $1 MILLION
CLIENT REFERENCE: CITY OF PLEASANTON | Mr. Tim Armbruster | Construction Service Manager | 925.437.3980 | tarmbruster@cityof pleasanton.ca.gove Construction Management and Inspection Services for all aspects of the undergrounding of PG&E electrical and AT&T communications utilities for 7-11 and the surrounding neighborhood. Relocated the PG&E gas utility across Whipple Road starting in Union City and tying into the City of Hayward. Responsible for both UC & Hayward ends. Managed all aspects of all public sidewalk, driveway, curb & gutter, ADA ramps, water, sewer, storm drain and ~3,000SF x 5’ dp. bio-retention. The project added ~150LF raised median to the main boulevard, Whipple Road. Managed five (5) different fiber optic projects totaling ~4.75 miles including 1 ATT and 4 Bandwidth Infrastructure Group. Both projects were mainly directional boring with small parts open trenched. Installed 4x4x4 fiberglass manholes in groups of 3 along each path in active boulevard lanes. On the AT&T project, installed pull boxes behind back of walk in landscape areas, sidewalks and driveways. Managed several electrical pole and transformer upgrades and gas leak repairs, sanitary sewer lateral replacements, water line leak repairs and various communications repairs and upgrades and also managed the PG&E gas line replacement that consisted of ~2600LF of 6” gas main and ~9500LF of 2” line.

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3 PROJECT TEAM EXPERIENCE
Tab 3
Project Team Experience
A Safer California through Civic Excellence...
“You must be the Change You Wish to See in the World”
~ Mahatma Ghandi ~

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JONATHAN HAWORTH
SENIOR

CONSTRUCTION INSPECTOR

ROBERT ADDIEGO

CCM, LEED AP

PROJECT EXECUTIVE
23 ADDITIONAL RESOURCESWINERTON RESOURCES
OTHER

STAKEHOLDERS
City Staff
Caltrans
Other Agencies
Local Utilities
Community
Residences

PROJECT

ADVISORY

COMMITTEE

Best Practices
Collaboration
Operations Reviews
Audits
Lessons Learned

SUPPORT SPECIALISTS

RAMTIN MALEK

SWINERTON

SENIOR SCHEDULER

RICH HOWELL

SWINERTON

REGIONAL SAFETY MANAGER
PROJECT “CORE” ORGANIZATION CHART
Estimating
Scheduling
Document Control
MEP
Constructability Review
Value Engineering
Quality Control
Commissioning
Information Systems /
Website
Intern Program
Financial
Green / Sustainability
Project Labor Agreement
Community Relations
Building Information
Insurance
Accounting
Risk Management
Safety, Environmental

SWINERTON - PROJECT TEAM EXPERIENCE

OSCAR ZHAO,
PE

RESIDENT ENGINEER

BILL COLETTO,

PE, QSD/QSP

SENIOR RESIDENT ENGINEER

JEFF GEE
AIA

PRINCIPAL-IN-CHARGE

4. DANNY WINN

ACI, ICC, CALTRANS

NINY AND MOORE

MATERIALS TESTING AND

SPECIAL INSPECTIONS

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S winerton | Project Team Experience
03 PROJECT TEAM EXPERIENCE

QUALIFICATIONS AND EXPERIENCE OF TEAM
We have a history of managing projects within a spirit of cooperative teamwork and collaboration. We will work to:
 Optimize value to the City of Concord
 Deliver a high quality project
 Exceed your expectations

EXPERIENCE, ROLES AND RESPONSIBILITIES OF OUR PROPOSED TEAM We have proposed a Team of seasoned talent that has the right blend of recent and relevant experience and knowledge with public works projects to successfully provide Construction Management and Materials Testing Services for the City of Concord’s Clayton Road Traffic Operation Improvements Phase 2, Project No. 2579. Our comprehensive experience includes: construction management and materials testing services for various projects and programs for the City of Concord and other cities including traffic operations, pavement maintenance, pavement treatments, safety improvements, pedestrian and bicycle improvements, medians, intersections including traffic signal modifications and ADA accessibility improvements.

TEAM ROLES AND RESPONSIBILITIES
Our proposed Team comes to the City of Concord with outstanding and similar project experience managing public works projects for local agencies. Our goal is to become part of your team and provide quality services and excellent customer service. We strive to become part of our client’s family; your goals will become our goals! The candidates we are proposing possess these qualities and will work closely to exceed your expectations of service. They will apply proven procedures leading to quality and cost- effective delivery, working closely with your Staff to ensure the successful completion of all project activities. Our Team Members successfully have experience working on traffic, communications and fiber optics projects, including:

 City of Pleasanton | MCI/Verizon Business Fiber Optics Densification  City of Concord | Operational Improvements along Parallel Arterials, P J2356  City of Union City | Undergrounding Utilities, Fiber Optics and Bandwith Infrastructure  City of Concord | Citywide Traffic Systems Upgrade P J2493

JEFFREY GEE, AIA | PRINCIPAL-IN-CHARGE. Mr. Gee has over 35 years of experience leading and directing design, construction and development projects in the public sector and is a licensed Architect. Mr. Gee has provided senior leadership management on over $1.8 billion of projects in the Bay Area. Mr. Gee is a strategic problem-solver and clear communicator, who has developed strong working relationships with various state and local agencies, utility companies and consultants. He will ensure that our team has all the resources of the Swinerton family of companies available in the successful delivery of this project.

ROBERT ADDIEGO, CCM, LEED AP | PROJECT EXECUTIVE. Mr. Addiego has 28 years of experience providing project and construction management services on all types of infrastructure projects. Mr. Addiego will lead the Swinerton Team on this Project.

He has been working with the City of Concord since 2012 and has a very good knowledge of the City’s policies, processes and procedures. He has completed over 30 City of Concord projects in the past ten years, including working on traffic improvement projects. Mr. Addiego will be your point of contact and will ensure that all services are performed to the highest level of quality and professionalism. Mr. Addiego will support the Team with project management oversight, contract administration and compliance with all standards and guidelines.

BILL COLETTO, P.E., SENIOR RESIDENT ENGINEER. Mr. Coletto has over 30 years of experience and is a seasoned construction professional and is a licensed Professional Engineer. His project experience includes planning, design, project and construction management and operations and maintenance of numerous public infrastructure projects. His expertise also includes program planning, budgeting, scheduling, bid strategies, consultant selection, contract administration, contract negotiations, building commissioning, procurement and quality assurance. He brings specific experience with traffic improvement and fiber optic installations, having recently completed similar projects for the City of Union City and the City of Pleasanton. His experience also includes pavement, reinforced concrete, structural masonry and has completed several Caltrans projects. He is familiar with local agency, Caltrans, State and Federal requirements and is a well-accomplished construction administrator. Mr. Coletto will closely work with Mr. Addiego and our Team and will be responsible for project delivery.

OSCAR ZHAO, PE | RESIDENT ENGINEER. Mr. Zhao, a licensed Professional Engineer, brings over five years of construction management experience having worked on several notable projects including the City of San Francisco's International Airport that included several boarding bridges and foundations, BART 19th Street Station Renovation in Oakland and the BART earthquake Safety Program Fruitvale Station and Coliseum Station in Oakland, CA. Most recently, Mr. Zhao recently completed the City of Richmond's Yellow Brick Road Improvements project where he managed the construction administration and management of the Yellow Brick Road project, including document control and maintaining the Caltrans files. Mr. Zhao is currently working on the City of Concord's Citywide Traffic Systems Upgrade Improvement project.

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S winerton | Project Team Experience
03 PROJECT TEAM EXPERIENCE
MR. JONATHAN HAWORTH | SENIOR CONSTRUCTION INSPECTOR. Mr. Haworth has over 20 years of experience in construction management and inspection in both the private and public sectors. His experience includes both major public works projects and infrastructure projects. He will provide daily onsite inspections and ensure contract compliance, including quality construction, traffic control, public access, and safety measures. Mr. Haworth has recently completed several infrastructure projects for the City of Menlo Park, including the Menlo Gateway – Constitution Avenue Street Resurfacing and Sidewalk Improvements, the Jefferson Drive Improvements, and the 2018 Slurry Seal Maintenance Program which included 6-inch base repairs, tree root pruning, concrete curb and gutter replacement and valley gutter replacement. Currently, Mr. Haworth is completing an emergency PG&E underground electrical project in the City of Albany which includes new conduit, conductors, transformer and power pole, removal of old electrical infrastructure and restoration of concrete sidewalks, curb ramps, and curb & gutter. He is also assisting Mr. Zhao on the City of Concord Grant Street / East Street Pavement Rehabilitation project, including inspections of the fiber optic conduit and cabling installation.

DANNY WINN, ACI, ICC, CALTRANS | MATERIALS TESTING AND SPECIAL INSPECTIONS. As a Field Technician for Ninyo & Moore, Mr. Winn has 16 years of experience on various types of infrastructure i projects. He works closely with our Resident Engineers and inspectors to provide special inspections materials sampling and field density testing for construction projects.

ADDITIONAL RESOURCES
Our Project Team will also be supported by our in-house Swinerton resources; experts are available to answer and address any need that may develop on the City of Concord’s Clayton Road Traffic Operation Improvements Phase 2 Project. The following resources and expertise are available to our Team:

Estimating and Scheduling
 Building Information Modeling
 Safety
 Procurement
 Information Technology (IT)
 Project Labor Agreement / Project Stabilization Agreement  Sust ainability/ CalGreen
 Alternative Energy
 Insur ance
 Legal / Risk Management
 Industrial Hygiene
 Storm Water Protection Plan (SWPPP)

BEST PRACTICES/ LESSONS LEARNED
We have formed an internal “Project Advisory Committee” comprised of Program, Project and Construction Managers who are currently working on educational facilities. The Advisory Committee will be a resource to our Project Team on such issues as best practices, lessons learned, collaboration, operational reviews and audits. We will hold periodic roundtables with the committee and the project team to share experiences and exchange ideas and/or solutions, and consult on a variety of issues and challenges.

OFFICE LOCATION / EMERGENCY RESPONSE
Swinerton will provide services from our Concord Office located at 2001 Clayton Road, 6th Floor, Concord, CA 94520. We are in very close proximity to the Project, City Hall and the Engineering Department. This also allows us to respond quickly to unscheduled or emergency situations. Swinerton will always be available to respond to the City’s needs or requests, even after hours. Mr. Addiego can be reached at 925.270.5636 or [email protected] as-needed in an urgent situation. The Swinerton Team member that will be the first to arrive will be briefed of the situation at hand, and then will be able to assist the City.

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Robert Addiego, CCM. LEED AP

PROJECT EXECUTIVE
Mr. Addiego has 28 years of experience in project management, construction management, and project controls in all project phases. Mr. Addiego has extensive experience with municipal and City projects, such as civic buildings, community centers, roadway improvements, traffic signal improvements, bicycle / pedestrian trails, creek rehabilitation and environmental restoration. He also has experience with infrastructure replacement including sewer and storm lines, dry utilities, AC paving, ADA improvements, and green infrastructure. He has qualified knowledge in commercial, local, State and Federally funded projects, including CalTrans Local Assistance projects. He also has a skilled and proficient background in project scheduling, cost tracking and forecasting, trend analysis, and earned value analysis. His project management skills include contract administration, procurement, subcontractor coordination and project accounting. Mr. Addiego is proficient in MS Office, Primavera Project Planner (P3), Primavera Enterprise

EDUCATION
B.S., Engineering
Technology Construction
Management, CSU, Sacramento, CA

AFFILIATIONS /

CERTIFICATIONS
LEED® Accredited Professional
OSHA Hazwoper 40-Hour Hazardous
Waste Training
OSHA Hazwoper 8-Hour Refresher
CCM, Certified Construction Manager,
(CMAA) Construction Management Associ-
ation of America
CMAA Construction Management
Association of America
American Public Works Association
(APWA)

REFERENCES
Ms. Farah Khorashadi, P.E.

Paving Program Project Manager - City
of Orinda | Orinda, CA | M: 951.218.6897 |
[email protected]

Mr. Charles Ching
Community & Economic Development Director
City of San Pablo | San Pablo, CA |
510.215.3031 | [email protected]

PROJECT EXPERIENCE
City of Concord, Citywide Traffic Systems Upgrade, PJ2493, Concord, CA Construction Management and Inspection Services for the City’s Citywide Traffic Systems Upgrades. The scope of work is for traffic signal hardware upgrades at various locations throughout the City of Concord. Scope of work includes traffic control, water pollution control program, clearing and grubbing, removing and salvaging signal equipment, abandoning signal cabinet foundations, installation of conduit, pull boxes, cabinet foundations, push button post foundations, signal hardware upgrades, installation of City-furnished controllers and signal cabinets and PG&E coordination. $2 Million.

City of Concord, Operational Improvements along Parallel Arterials, PJ2356, Concord, CA
Construction Manager. Responsibilities included submittal and RFI tracking, schedule monitoring, change order review and negotiation, bid item quantity tracking and progress payment review and acceptance.

Projects were located through the City of Concord and mostly on main arterials so close coordination with local utilities was crucial. Scope of work also included mobilization, traffic control, storm water pollution control program, potholing of existing utilities, installation of fiber optic conduit, communications cable, pull boxes, fiber optic splicing, and operational improvements at the Traffic Operations Center including network equipment. Due to the discovery of unforeseen conditions, responsibilities also include scope definition, design of corrective work and review of contractor proposals. $2.8 Million.

The project installed 72 strand optical fiber cable and monitored traffic control procedures. Coordinated with local utilities, potholed utilities, replaced AC pavement, concrete curb & gutter, sidewalks, ADA ramps, street signs, landscaping, fencing and irrigation that was demolished for cable installation. The MCI/Verizon Densification included eight projects | segments. $1 Million.

City of San Pablo, Plaza San Pablo Roadway Improvements Phases 1 and 2, San Pablo, CA. Assisted with the development of the project specifications, Divisions 0 and 1 and compiling the Technical Specifications from the design team. Assisted the City with the bid process and issuing addenda. Provided preconstruction support including the kick-off meeting, coordination with local utilities such as PG&E, AT&T, and West County Wastewater District.

Provided comprehensive construction management and inspection services on new roadway improvements that included new traffic signals, storm drain and sanitary sewer lines, ADA ramps, sidewalk, curb and gutter, bio-retention swales, plaza fountain, landscaping and streetscape improvements. $2.5 Million.

7. Swinerton | Project Team Experience

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Bill Coletto, PE, QSD/QSP

SENIOR RESIDENT ENGINEER
Mr. Coletto has over 30 years of experience and is a seasoned professional construction inspector and is a licensed Professional Engineer and is QSD/QSP certified. He has been involved in municipal infrastructure projects, his background includes hospital, transportation, commercial and industrial.

His background also includes project management and on-site project engineering and has provided design and construction management support for numerous public works projects. He brings extensive experience with welding, spray-applied fireproofing, reinforced concrete, structural masonry, structural steel and bolting, nuclear gauge operations, and stormwater quality.

EDUCATION
B.S., Mechanical Engineering, Northrop
University, Los Angeles, CA
Institute of Technology Classes, University of
Minnesota, Minneapolis, MN

AFFILIATIONS /

CERTIFICATIONS
State of California Registered Civil Professional
Engineer #72556
American Welding Society Certified Welding
Inspector #16083301
American Society for Nondestructive Testing
SNT-TC-1A, PT Level I/II, MT Level I/II, UT
Level I/II
International Code Council Soils, Spray-Applied
Fireproofing, Reinforced Concrete, Structural
Masonry, Structural Steel and Bolting, and
Structural Welding Special Inspector #8103246
American Concrete Institute Concrete Strength
Testing Technician, Concrete Field Testing
Technician Grade I.

Nuclear gauge operator License # 5634-07
California Stormwater Quality Association
Qualified SWPPP Designer and Practitioner
#20611
OSHA 30 Hour Training

REFERENCES
Mr. Tim Armbruster
Construction Inspector | Engineering Dept.

City of Pleasanton | Pleasanton, CA |
Direct: 925.931.5690 | M: 925.437.3980 |
[email protected]

PROJECT EXPERIENCE
City of Union City On-Call Construction Management Services, Undergrounding Utilities | Fiber Optics and Bandwith Infrastructure, Union City, CA
A new 7-11. Responsible for all aspects of the under grounding of PG&E electrical and AT&T communications utilities for 7-11 and the surrounding neighborhood. Relocated the PG&E gas utility across Whipple road starting in Union City and tying in the City of Hayward. Responsible for both UC & Hayward ends. Managed all aspects of all public sidewalk, driveway, curb & gutter, ADA ramps, water, sewer, storm drain and ~3,000SF x 5’ dp. bio-retention. The project added ~150LF raised median to the main boulevard, Whipple Road. Managed five (5) different fiber optic projects totaling ~4.75mi. 1 AT&T and 4 Bandwidth Infrastructure Group. Both projects were mainly directional boring with small parts open trenched. Installed a 4x4x4 fiberglass manholes in groups of 3 along each path in active boulevard lanes. On the AT&T project, installed pull boxes behind back of walk in landscape areas, sidewalks and driveways. Managed several electrical pole and transformer upgrades and gas leak repairs, sanitary sewer lateral replacements, water line leak repairs and various communications repairs and upgrades and also managed the PG&E gas line replacement that consists of ~2600LF of 6” gas main and ~9500LF of 2” line. $570,000.

City of Pleasanton On-Call Construction Management Services, MCI/ Verizon Business Fiber Optics Densification, Pleasanton, CA Swinerton was awarded an On-Call Contract with the City of Pleasanton in 2016 to provide Construction Management and Inspection Services on an as needed basis. Managed the MCI/Verizon Business Fiber Optics Densification at various sites that included the installation 3” flexible conduit mostly by directional boring. Open trenching where needed. Installed 72 strand optical fiber cable. Monitored traffic control procedures. Coordinated with local utilities. Potholed utilities. Replaced AC pavement, concrete curb & gutter, sidewalks, ADA ramps, street signs, landscaping, fencing and irrigation that was demolished for cable installation. The MCI/Verizon Densification included eight projects | segments. $1 Million.

City of Concord, Pavement Maintenance Program Zone 4, PJ2444, Concord, CA The scope of work consisted of mobilization, traffic control, water pollution control program, placement of rubberized hot mix asphalt (RHMA); removal and replacement of hot mix asphalt (HMA), removal and replacement of concrete sidewalk, curb and gutter, curb ramps, driveways and valley gutters, pruning and removal of tree roots, root barrier installation, lowering and adjustment of utility covers to finish grade, removing and replacing speed humps, removal and replacement of traffic striping and pavement markings, and removal and replacement of roadside signs. Swinerton’s scope of services included oversight of the general contractor’s work, safety program, construction administration, including processing RFI’s and submittals, preparing pay applications, negotiating change orders, monitoring daily activities and preparing weekly statements of work days; field inspections, special inspections including concrete sampling and testing, HMA base repair inspections, RHMA-G sampling and testing, photographic documentation, and utility coordination with CCWD and PG&E. Community Outreach and coordination were critical as the work was located within the Walnut Country subdivision, which required close coordination with the homeowner’s association, Cowell HOA, and the residents. $2.2 Million.

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Oscar Zhao, PE, PMP

RESIDENT ENGINEER
Mr. Zhao is a conscientious and motivated project management professional experienced in a variety of aviation, transportation, and tenant improvement projects. Specialties include support of design, program, project, and construction management, throughout the project life-cycle from inception through closeout.

EDUCATION
M.S., Civil & Environmental
Engineering, San Jose State
University, San Jose, CA
B.S., Civil & Environmental
Engineering, San Jose State
University, San Jose, CA

AFFILIATIONS /

CERTIFICATIONS
Registered Professional Civil Engineer
California License # 90353
Project Management Professional,
#2874294

PROJECT EXPERIENCE
City of Concord, Grant Street | East Street Pavement Rehabilitation PJ2525, Concord, CA
Construction Management and inspection services for the pavement rehabilitation on Grant Street from Broadmoor Avenue to High School Avenue, and East Street from High School Avenue to Salvio Street. Scope of work will also include the installation/upgrades of curb ramps at intersections, minor concrete repairs, storm drain and utility adjustments, bio-retention basin, replacement of traffic signal loops with vehicle detection cameras, fiber optic conduit and cable, adjustment of pedestrian push buttons to meet accessibility standards, restriping, bicycle facilities, and installation of high visibility crosswalks. $4.2 Million.

City of Concord, Citywide Traffic Systems Upgrade, PJ2493, Concord, CA Construction Management and Inspection Services for the City’s Citywide Traffic Systems Upgrades. The scope of work is for traffic signal hardware upgrades at various locations throughout the City of Concord.

Scope of work includes traffic control, water pollution control program, clearing and grubbing, removing and salvaging signal equipment, abandoning signal cabinet foundations, installation of conduit, pull boxes, cabinet foundations, push button post foundations, signal hardware upgrades, installation of City-furnished controllers and signal cabinets and PG&E coordination. $2 Million.

City of Richmond, Yellow Brick Road, Richmond, CA
Construction Management and Inspection Services. This project is the result of the vision by neighborhood teenagers that wanted safer paths of travel to and from their homes to their schools and parks. The project was designed and closely coordinated with POGO Park, a non- profit organization in Richmond that has been integral in improving the neighborhoods in Richmond. They were able to secure the Federal funding through an ATP Grant and State funding from an Urban Greening Grant. Scope of work included installing raised intersections, raised crosswalks, non-raised crosswalks, traffic circles, bus stop pads, curb bulbouts, curb and gutter, sidewalks, driveways, curb ramps, medians, asphalt concrete pavement, textured colored asphalt concrete pavement, slurry seal, base repairs, storm drain manholes and junction structures, catch basins and inlets, storm drain pipes, valve boxes, valve and utility box and manhole adjustments, signing and striping, bike lanes, bike boulevards, traffic signals, pedestrian hybrid beacons (PHB), other warning devices, lighting, and relocating traffic signals and cabinets. $7.5 Million

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Jonathan C. Haworth

SENIOR CONSTRUCTION INSPECTOR
Mr. Haworth has over 20 years of experience in construction management and inspection in both the private and public sectors. His experience includes both major public works projects and pavement management and infrastructure projects. He will provide daily onsite inspections and ensure contract compliance, including quality construction, traffic control, public access, and safety measures. Mr. Haworth has recently completed several infrastructure projects for the City of Menlo Park, including the City of Menlo Park’s Santa Cruz Avenue and Middle Drive Improvements, Jefferson Drive Improvements and the 2018 Slurry Seal Maintenance Program which included 6-inch base repairs, tree root pruning, concrete curb and gutter replacement and valley gutter replacement. Currently Mr. Haworth is completing the City of Richmond’s Yellow Brick Road Improvements project which includes full-depth HMA removal and replacement, pavement mill and overlay, stamped and colored crosswalks, concrete improvements, new storm drain lines and structures and traffic signal modifications. In addition, his experience also includes major public works projects such as Burton Federal Building, the County of Yolo’s Juvenile Center multi-purpose building and the Broadway Plaza Expansion in Walnut Creek, CA. His experience includes roadway improvements, PG&E-related infrastructure improvements, including street lights and park field lighting and transit-related charging station. Mr. Haworth has experience managing daily inspections, contract compliance, special inspection and testing, and punch list and final inspection reviews.

EDUCATION
Simon Fraser University, Burnaby, B.C.,
Canada
Bachelor of Arts, Physical Geography,
June 1988
Diablo Valley College, Pleasant Hill, CA.

Certificate of Achievement – Building
Inspection
Certificate of Achievement – Construction
Management

AFFILIATIONS /

CERTIFICATIONS
ICC Certified Commercial Combination
Inspector

ICC Certified Special Inspector: Soils

ICC Certified Special Inspector: Concrete

ICC Certified Special Inspector: Masonry

ICC Certified Special Inspector: PT

ICC Certified Special Inspector:

Fireproofing

REFERENCES
Mr. Gary Kaplowitz
Project Manager | District 0 | GSA
415.535.5212

Mr. Rob Muir
Estimating Manager | OCMI, Inc.
925.209.7800

City of Richmond, Yellow Brick Road Pedestrian & Bicycle Improvements Iron Triangle Neighborhood, Richmond, CA
Construction Management and Inspection Services. This project is the result of the vision by neighborhood teenagers that wanted safer paths of travel to and from their homes to their schools and parks. The project was designed and closely coordinated with POGO Park, a non- profit organization in Richmond that has been integral in improving the neighborhoods in Richmond. They were able to secure the Federal funding through an ATP Grant and State funding from an Urban Greening Grant.

The project scope of work included installing raised intersections, raised crosswalks, non-raised crosswalks, traffic circles, bus stop pads, curb bulbouts, curb and gutter, sidewalks, driveways, curb ramps, medians, asphalt concrete pavement, textured colored asphalt concrete pavement, slurry seal, base repairs , storm drain manholes and junction structures, catch basins and inlets, storm drain pipes, valve boxes, valve and utility box and manhole adjustments, signing and striping, bike lanes, bike boulevards, traffic signals, pedestrian hybrid beacons (PHB), other warning devices, lighting, and relocating traffic signals and cabinets. $7.5 Million.

City of Menlo Park 2020’s Surface Seal Program, Menlo Park, CA Senior Project Manager. Project scope consisted of concrete curb and gutter, ADA ramp upgrades, concrete valley gutter, base repairs, skin patches, crack sealing, polymer modified type II slurry seal, thermoplastic striping and markings, and Hot Mix Asphalt speed humps located throughout various streets in Menlo Park, CA. Work also included rehabilitation of approximately 94,000 square yards of City streets with the application of polymer modified slurry seal. $1.15 Million.

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Danny Winn, ACI, ICC, CALTRANS - Ninyo & Moore

MATERIALS TESTING AND SPECIIAL INSPECTIONS
As a Field Operations Manager for Ninyo & Moore, Mr. Winn has 16 years of experience and works closely with our field technicians and special inspectors to provide reinforcing steel and concrete placement inspections, prestressed concrete placement inspections, structural steel bolting inspection and also perform earthwork observation, materials sampling, and field density testing for construction projects.

EDUCATION
Shasta College Coursework, Redding, CA

REGISTRATIONS/

CERTIFICATIONS
ACI Concrete Field Testing
Technician, Grade I No. 01176169
ICC Certifications No. 8175074:
- Prestressed Concrete
- Reinforced Concrete Special
Inspector
- Structural Steel & Bolting Special
Inspector
Caltrans CT 125 AGG | 125 BIT | 125
GEN | 125 HMA | 231 | 375 Certified

Radiation (Nuclear Gauge) User
Safety

PROJECT EXPERIENCE
City of Santa Clara, 2020 Street Rehabilitation, San Clara, CA Special Inspector during On-Call Materials Testing and Inspection Services. Contract awarded in 2019 for a three-year term. Various capital improvement projects include street pavement reconstruction & rehabilitation, pedestrian and traffic signal improvements, building construction and renovation, storm drain and sanitary sewer pipeline and pump station rehabilitation, parks and recreation facilities construction and rehabilitation and curb ramp improvements. Currently providing geotechnical observation and soil compaction testing for City’s 2020 Pavement Preservation Project which is Federally Funded and requires to follow Local Assistance Procedures Manual from Caltrans for sampling and testing of subgrade, aggregate base and asphalt concrete material.

The project consists of removal and replacement of failed pavement areas, application of slurry seal surface treatments, installation of rubberized asphalt, replacement of pavement markings, and construction of new ADA-compliant curb ramps.

City of Alameda, Cross Alameda Trail / Ralph Appezzato Memorial Parkway (CAT/RAMP)
Special Inspector/Field Technician during Geotechnical Observation and Materials Testing Services contract which included geotechnical earthwork observation, laboratory testing, and field compaction testing services during earthwork operations, conformance testing in the laboratory and compression testing. This project included the construction of a Class 1 bike lane, walking path, and jogging trail between Main Street and Webster Street within City owned parcels along the south side of Ralph Appezzatto Memorial Parkway (RAMP). In addition to Main and Webster Streets, the project also included signal crossings improvement at Third, Poggi, 5th and West Campus Streets. Ninyo & Moore provided RFI review and response, submittal review, acted as liaison with the project team, and issued daily field reports documenting items inspected, and tested. A Soil Characterization report was also provided relating to the soil stockpile sampling performed at J&J Ranch in Orinda, California, in order to determine whether approximately 1,800 cubic yards of soil stockpiled on-site would be environmentally appropriate for reuse as fill material for this project.

Solano Community College District, Vacaville Center Intersection Improvement, Vacaville, CA
Special Inspector/Field Technician during materials testing and special inspection services for the Solano Community College Vacaville Center Intersection Improvement project, which included signalizing the existing intersection of N. Village Parkway and Vacaville Center Drive, constructing curb ramps and sidewalk, and regrading and repaving the intersection, installation of new traffic signal poles, signal controllers, electric service and conduits and wiring, and storm drain facilities.

Services consisted of field sampling and testing of cast-in-place concrete, earthwork observation and soil testing, compaction testing of aggregate base, HMA paving- sampling, lab testing, and compaction testing, compressive strength testing of concrete, preparation of final reports for special inspection and materials laboratory

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4 CONSULTANT’S PROPOSED APPROACH TO

THE SCOPE OF WORK AND PROJECT
A Safer California through Civic Excellence ...
“You may not Control all the Events that Happen To You, but You can Decide Not to be Reduced by Them” ~ Maya Angelou ~
Tab 4
Approach and
Understanding

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Swinerton | Consultant'a Approach to Scope of Services and Project Understanding 04 CONSULTANTS APPROACH TO SCOPE OF

SERVICES AND PROJECT UNDERSTANDING

UNDERSTANDING OF THE PROJECT, KEY GOALS FOR SUCCESS AND

ANTICIPATED CHALLENGES
The Swinerton Team has reviewed the Clayton Road Traffic Operation Improvements – Phase 2 Project documents and project site and has identified the following key goals to ensure project success.  Communication and collaboration with the entire Project Team, including the City Staff, Design Team, Contractor, Communit y, Contr a Costa Water District, PG&E, and other utility companies and stakeholders.  Community Outreach and Coordination with residents, local businesses and schools.  Close coordination of each intersection and project area, including Traffic Control measures and Construction signage, especiall y during conduit installation. Ensuring safety, traffic protocols and traffic flow are key factors.  Thorough site investigation including potholing of existing utilities to mitigate potential conflicts and impacts to the project schedule and budget.
 Comprehensive Quality Assurance and close coordination with the Contractor’s Quality Control to ensure high-level quality work.
 In-depth schedule and budget management: Ensuring the Contractor maintains progress in accordance with the approved schedule; and det ailed monitoring of bid items and mitigating change order requests to maintain the project budget.

We have successfully completed many recent projects similar to the Clayton Road Traffic Operation Improvements – Phase 2 Project including the City of Concord’s Operational Improvements Along Parallel Arterials and FY 14-15 Pavement Rehabilitation projects. These projects included similar work elements such as fiber optic conduit and cable installation, concrete improvements, pavement restoration, and traffic system modifications. We are currently managing the Grant Street / East Street Pavement Rehabilitation project P J2525 and the Citywide Traffic System Upgrade project P J2493, both of which are not only similar but need to be coordinated for their traffic system improvements. We utilize our knowledge to develop our project approach including our strategies, procedures, key goals, and anticipated challenges described in the following sections. The Swinerton Team will use this approach to ensure the Contractor performs a high level of quality of work in accordance with the plans and specifications while mitigating any impacts to the public.

COMMUNICATION IS A KEY GOAL TO PROJECT SUCCESS
Swinerton’s success record is largely due to its ability to develop a team environment with all project stakeholders. We place a special emphasis on communication. Effective communication is the cornerstone of Swinerton’s long-standing relationships with our Clients and our ability to successfully deliver projects within the parameters set by each client. As a first step in this process, we will commence the project by identifying all of the project stakeholders and defining the project communication paths.

This approach will support a total team approach, including the City of Concord, Design Team, Contractor, Contra Costa Water District, local residents, businesses, schools, other local utility companies, local transit and trash collection service, and other stakeholders. Our goal is to communicate fully with all project team members to not only keep everyone informed, but to also mitigate impacts to the project and the public. We will:

Make certain that all information is communicated effectively and that all key information and outcomes are provided on a timel y basis.
 Communicate regularly with the Project Team to provide project updates regarding project budget, schedule, potential is sues, and all items of interest or concern.
 Update project stakeholders, such as Contra Costa Water District, PG&E, local schools, businesses and residents of the Contr actor’s schedule and sequence of work, including the work locations and flow of work. This includes traffic control plans, det ours, and pedestrian and bicycle access.
 Support City of Concord Staff at meetings with the Design Team, Contractor, and other stakeholders.  Thoroughly review the plans and specifications to identify any possible disparities or constructability issues and verify the curr ent field conditions with the plans and specifications.  Include the City’s Traffic Engineering Department in weekly meetings and at site meetings (as needed) to ensure proper coor dination regarding fiber optic installation, equipment, splicing and connections, and programming.

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COMMUNITY OUTREACH AND COORDINATION
Likewise, in partnership with City of Concord and its Consultants, we will assist with community outreach, inclusive of Project Notifications to keep the public informed, and manage any general communications with the public to ensure that the Outreach Program is successfully implemented. Along with the City’s typical Notification that is provided to the community prior to the project commencing, we will work with the Contractor to ensure their notices are being provided and delivered in accordance with the Special Provisions Section 7-11. We will ensure notifications and coordination with the residents, businesses, local schools, Contra Costa Water District, other utility companies, transit agencies, trash collection companies, and first responders.

In addition to the City and Contractor Notices, additional methods to keep the public informed is through construction signage and Changeable Message Boards (CMS boards) – we will ensure the Contractor is in compliance with Sheet KM-01 Key Map showing the locations of the CMS boards / Construction Area Signs. The City's website and the NextDoor app are also great tools for informing the public. The project schedule, Staging sequence, location of work, type of work and any potential traffic impacts could be shared via social media to help keep the community “in the loop”. To further mitigate negative feedback from the Community, we will ensure that the Contractor is in compliance with the Sound Control (7-03), Dust Control and Air Pollution Control (7-06) specifications. These requirements will be especially important when installing conduit and restoring roadways. We will monitor such activities in the field closely and notify the Contractor if additional effort is needed to meet the requirements. The Swinerton Team will:

Identify the stakeholders, particularly residents, businesses, schools, local transit, Contra Costa Water District and other utilit y companies to keep them informed of the construction schedule, scope of work, and sequence of activity.  Ensure adequate outreach on traffic control. This includes lane closures, detours, the required Changeable Message Boards, City website alerts, and other notifications to the community and key stakeholders.  Review the Contractor’s Public Notifications for compliance with the Special Provisions and confirm that all notifications hav e been delivered with the minimum one-week notice. We will follow up with the Contractor to confirm that the Police Department has been notified 24-hours prior t o posting No Parking signage and we will check with the Community regularly t o ensure their awareness of project work in their areas.  Work with the Contractor to inform the local community and agencies of the work schedule and make sure that the Contractor is pr oviding access at all times for the residents and businesses per Sections 7-11, 7-12 and Special Provision SP-14.  As there is a considerable amount of vehicular and pedestrian activity is these project areas, strict adherence to the Construction Schedule and T raffic Control Plans will be required. The Contractor shall provide updates regarding the construction pr ogress and sequence of work to be shared with the public and all stakeholders.  Local schools may present challenges with pedestrian, bicycle, and bus traffic. We will work with the Contractor and school st aff members to coordinate the work with school hours and events to mitigate traffic congestion at peak times.  Work with the Contractor to ensure that his schedule complies with Section SP-8-03 Order of Work, which requires potholing as the First Or der of Work to mitigate any utility conflicts. This shall be done prior to any trenching, boring or other e xcavating activities.

CONSTRUCTION MANAGEMENT / ADMINISTRATION
 The Swinerton Team will provide all necessary construction management, administration, and onsite inspection per the RFP’s Scope of Services t o ensure the project is high quality, completed on time and within budget and with positive feedback from the pr oject stakeholders.
 As part of the First Order of Work, we will review the Contractor’s submittals and submittal log, with particular attention to:
 Contractor’s proposed schedule with respect to order of work, work locations, sequence, potential impacts to traffic and other critic al items including weather contingencies and backup equipment and suppliers.  We will coordinate with the City, Contractor and Design Team regarding the material submittals and procurement lead times as some mat erials may have significant lead times (such as the fiber optic cable).  Contractor’s work plans and traffic control plans for performing the following scopes of work:
 WPCP and BMP Compliance
 Demolition | Site Preparation
 Concrete Placement – Restoration
 Concrete Placement - ADA Ramps Restoration
 HMA Placement - Restoration

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SERVICES AND PROJECT UNDERSTANDING
 Fiber Optic Installation and Splicing
 Traffic System Improvements
 Fiber Optic Equipment and Testing
 Contractor’s details in their Traffic Control Plans (TCP) including pedestrian, bicycle, and vehicular accessibility.  Swinerton will take a proactive approach in meeting with the Contractor prior to working in each area to ensure that the y are abiding by the work hours and lane closure requirements. We will also meet regularly with their Superint endent to ensure that noise and dust control measures are in place prior to work starting each day.  We will verify that all Traffic Control measures are in place per the approved Traffic Control Plan(s) prior to work starting.
 We will confirm any lane closures or detours, as needed, and that arrow boards and changeable message boards are pr operly in place in advance of the work.

FIBER OPTIC INSTALLATION
 We will coordinate the fiber optic submittals with the City and Design Team to ensure compliance with the plans and specifications, City expectations, and the proper products and materials are provided in the field. The submittals will be r eviewed by the Traffic Engineering department to ensure the products and materials meet their expectations.  We will coordinate with the City and Contractor immediately after the contract award to determine any current challenges with mat erial lead times. Currently, fiber optic cable can have significant lead times.  Swinerton will coordinate the fiber optic cabling and conduit installation with the City's Traffic Engineering and Information T echnology departments to ensure proper installation and meet the City's expectations.  We will coordinate with the local utility companies and ensure the Contractor potholes all existing utilities to mitigate any utility conflicts prior t o horizontal boring or open-cut trenching.  We will ensure the Contractor is in compliance with traffic control requirements, lane closures, detours and coordinates the work with the loc al communities.
 We will coordinate the fiber optic installation, splicing and connections, termination panel, and pull boxes, with the City to ensur e that all fiber optic work meets the City's expectations.  Swinerton holds regular meetings with the Traffic Engineering department and Contractor to ensure installation of all fiber optic conduit, conduit sweeps, pull bo xes, cabling, inner-duct, splice enclosures, termination panels, form-factor pluggables, ethernet swit ches and all testing is completed in accordance with the Special Provisions, plans and City's expectations.  We will conduct field meetings to ensure that all splicing, connections, terminations, and testing is performed with the concurr ence of the City's Traffic Engineering department.

CONCRETE and PAVEMENT RESTORATION
 We will conduct a Preconstruction Meeting with the Contractor to discuss the requirements in Sections SP-15 Portland Cement Concr ete and SP-18 Existing Highway Facilities to be sure that during fiber optic installation (conduit, cable and pull bo xes, etc) the Contractor understands the requirements for concrete and pavement restoration.  Field inspections will ensure that new concrete and pavement are placed properly with respect to the approved mix designs, subgr ade preparation, placement means and methods, conforms, joints, compaction (HMA), and finish.  We will verify the proper limits of demolition and replacement to make sure that the concrete has been properly removed and r eplaced (to the appropriate joint).
 We will verify proper placement of AC patches from roadway excavations and AC plugs in front of curb and gutter as needed.

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PROJECT STABILIZATION AGREEMENT
Swinerton has managed over 10 projects for the City of Concord that included the City’s Project Stabilization Agreement (PSA).

Not only does Swinerton and its subconsultant(s) acknowledge and sign the Agreement to be Bound, but we are very familiar with the entire process and will lead the team through the steps with the Trades Council and Labor Unions. We will coordinate with the Trades Council to set up the Pre-Job Meetings and will ensure that the General Contractor and all subcontractors provide the completed Pre-Job forms, the signed Agreements to be Bound and attend the Pre-Job Meeting(s). We will also ensure that the Contractor and all subcontractors complete the labor usage forms during throughout the duration of the project. Those forms will be completed and submitted by the Contractor as part of the close-out process.

ANTICIPATED INVOLVEMENT WITH CITY STAFF
Swinerton’s goal is to keep the City regularly informed of the project progress and to advise staff promptly of important events or changes (i.e. avoid surprises). We envision Engineering staff involvement to be intermittent during the week, with attendance at the weekly progress meetings and occasional field visits if City decision-making is needed for work that differs from the planned scope.

We also will coordinate with the City's Traffic Engineering Division and Information Technology Department during the fiber optic cable and conduit installation and the traffic signal modifications to ensure the City receives its desired results. At the same time, with our experience with the City's protocols and procedures, we are able to work independently and get the job done without taking up valuable staff time. As discussed earlier, communication is the key to project success and Swinerton will maintain the flow of information with the Contractor, Design Team and the City Staff so that each party is informed on progress, and a contributor to any potential challenges and solutions.

CONTRACT ADMINISTRATION / DOCUMENT CONTROL
PROJECT DOCUMENTATION. Swinerton will provide all the construction contract administration for the City of Concord’s Clayton Road Traffic Operation Improvements Phase 2 Project. Accurate and complete records of events, meetings and decisions made throughout the course of the project are critical in reporting and responding to informational requests. It is also essential when responding to requests for additional time and money from contractors. Thorough documentation will make it easier for our team to determine a fair adjudication to any such request.

Project documentation may include:
 Contractor, A&E and Other Consultant Billings
 Field Reports / Work Directives
 Memos and Design Clarifications
 All Correspondence, including Email
 RFI’s and Submittals
 Project Team Directories
 Meeting Agendas | Minutes
 Daily Reports
 CalTrans LAPM Forms
 Punch Lists
 Weekly Statement of Working Days

MONTHLY PAYMENT APPLICATIONS
Monthly payment requisitions will be based on work “put-in-place” and will be verified on a bid item basis. Our primary review will be to ascertain that the work has been completed, and that nonconforming work, if any, has been corrected; that relevant financial, legal and administrative procedures are complied with, together with other necessary monthly documentation. We will provide quantity take-offs for each bid item being billed to satisfy the CalTrans progress payment requirements.

CHANGE ORDER MANAGEMENT
A good understanding of the construction process is a prime ingredient for success in claims avoidance, requiring the participation of all project team members throughout the life of the project. Claim mitigation starts in the preconstruction phase of the project by ensuring that complete and accurate documents are issued for bidding purposes. We review proposed design changes and seek alternates, if possible, to eliminate and/or mitigate any extra costs. In addition, we maintain and record in detail daily project operations, particularly with regard to the schedule, manpower productivity, deliveries and any potential work delays. All change order requests will be logged in and tracked as described above.

Depending on the nature of the change, an impact assessment will be performed. Should a change order or potential claim arise, this review will be the basis for development of a course of action for resolving the potential claim. Regarding valid change order requests, we will prepare a fair cost estimate as a basis of negotiation and will propose a recommendation for the final negotiated amount. Rather than delaying settlement discussions to the end of the project, we pursue a fair resolution in a timely fashion during the course of construction.

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PROGRESS REPORTING
Swinerton will prepare regular reports, if requested, detailing project progress, status on budget, change orders, RFI, submittals, log of pending issues, CPM schedule updates, and other project information including progress photos. Swinerton will also assist in preparation of executive reports, if needed, for updating the City of Concord, City Council, and will be available to assist with presentations as required.

PRECONSTRUCTION | WEEKLY MEETINGS
Swinerton will conduct a Preconstruction (Kick-off) Meeting with the City, Contractor and key stakeholders to ensure clear and thorough communication of the project’s requirements, expectations, and the City's objectives. We will discuss the Contract Documents and confirm compliance with all requirements, including any state or federal regulations (if applicable). Conducting the Preconstruction Meeting will reveal any project issues, constraints, or challenges related to the field conditions, project plans and specifications, budget or schedule. This will allow the project team to identify solutions early and avoid further issues during construction. We will also chair weekly progress meetings with the City's representative, the design team, the Contractor and all necessary parties. Project procedures, progress, inspections, challenges, scheduling, public notifications and any other issues will be discussed during these meetings. Meeting minutes will be produced and distributed to all attendees and other designated individuals accordingly.

MATERIALS TESTING AND SPECIAL INSPECTIONS
Swinerton will provide daily inspection of all construction work and review of materials delivered prior to installation or placement for compliance with the Contract Documents. Daily reports will be prepared detailing the activities planned and actual work performed, workers and equipment on site, hours worked, materials delivered, field communications, issues that arise, and photos of work performed. In addition, Swinerton will provide quantity inspection and measurement for progress payments.

Swinerton's subconsultant, Ninyo and Moore, will provide special inspections, sampling and materials testing. The Special Inspector will be called for inspection of the subgrade, concrete and trench compaction along with other items of work as required. They will perform inspection, sampling and materials testing per CalTrans requirements and standards. Ninyo and Moore will provide field daily reports and material test results in a timely manner and will immediately call out any deficiencies or non-compliance items. Continuous communication and coordination with the Contractor and Design Team will allow for quick adjustments or corrections without impacting the project schedule or quality. Ninyo and Moore has provided special inspections and/or materials testing services on a number of Swinerton projects.

QUALITY CONTROL / QUALITY ASSURANCE
Construction quality begins before the Design Team begins any design work. Quality starts with the City's, Caltrans’ standards and guidelines and ensuring that the City's General Requirements and Special Provisions prescribe quality as an achievement to be accomplished during construction. If the construction plans and specifications do not have quality built into them, it will be very difficult to achieve quality throughout the construction process. Swinerton and Ninyo and Moore will review the project and will ensure that the contractor is in compliance with the Contract Documents. Towards this goal, we are committed to quality, and have a corporate champion dedicated to construction quality. The role of our Quality champion is to ensure that our major projects and assignments have recommended QA/QC specifications, that projects have quality assurance plans, and that staff is properly trained.

This commitment to quality includes our Intranet that is built around sharing - sharing lessons learned, recommended practices, training and templates to achieve quality during construction. Every employee has full and complete access to all of our resources and tools from our Teams across the Company. These best practices allow our Team to bring to City of Concord the lessons learned from our many Teams. For these projects, our Inspectors expertise and knowledge in construction and site improvements will be instrumental in ensuring that quality is adhered through all phases of the work.

SAFETY
Our experience has shown us that a true commitment to safety is essential to the success of a project. Swinerton corporate safety officer will review and audit the contractor's safety plan and make appropriate recommendations. Each member of the contracting team will be required to have a company safety program that is implemented in the field. Swinerton was awarded the ‘Star’ status by OSHA as the First Voluntary Protection Program (VPP) participant allowing it to self-monitor its projects for safety.

PROJECT CLOSE-OUT AND COMMISSIONING
During project close-out, we will administer the preparation of Certificates of Substantial and Final Completion (if applicable), including any necessary certifications or occupancy procedures of regulatory authorities. We will review all guarantees and warranties as required by the contract documents and verify they cover all work. We will receive and check all releases of claims required prior to issuance of the final certification of completion and satisfaction of any condition present to final payment. We will determine the value of any incorrect work and make recommendations on correcting the work, if necessary. We will work closely with the City Traffic Engineering and Engineering Department to ensure proper completion of traffic systems programming, commissioning and as-needed training are performed.

16.

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5 FEE PROPOSAL
A Safer California through Civic Excellence...
“The Art of Communication is the Language of Leadership” ~ James Humes ~
Tab 5
Fee Proposal
Under Separate Cover

Page 47 of 58 ends

THANK YOU

FOR YOUR CONSIDERATION
JEFFREY S. GEE, AIA

VICE PRESIDENT/GENERAL MANAGER

PRINCIPAL-IN-CHARGE
2001 CLAYTON ROAD | SIXTH FLOOR | CONCORD, CA 94520
PHONE: 650.483.7412
[email protected]

Page 48 of 58 ends

1. Review Contract Documentation 2 $474 4 $828 4 $664 4 $676 $2,642

2. Conduct Pre-construction Conference, agenda & minutes 2 $474 2 $414 4 $664 2 $338 $1,890

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 4 $828 4 $664 8 $1,352 $2,844

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 25 $5,925 25 $5,175 50 $8,300 25 $4,225 $23,625

5. Attend Meetings w/ City / Management Oversight 8 $1,896 8 $1,656 8 $1,328 6 $1,014 $5,894

6. Coordinate with other City's Adjacent Projects 0 $0 8 $1,656 8 $1,328 8 $1,352 $4,336

7. Monitor Contractor's Progress Schedule & Phasing 0 $0 16 $3,312 32 $5,312 20 $3,380 $12,004

8. Monitor the Project's Construction Budget 0 $0 16 $3,312 32 $5,312 20 $3,380 $12,004

9. Monitor the Contractor's Progress 0 $0 16 $3,312 32 $5,312 32 $5,408 $14,032

10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 16 $3,312 24 $3,984 32 $5,408 $12,704

11. Maintain Project Docs / Records per City / Caltrans Standards 6 $1,422 8 $1,656 20 $3,320 16 $2,704 $9,102

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 16 $3,312 24 $3,984 20 $3,380 $10,676

13. Process / Track Submittals 0 $0 16 $3,312 24 $3,984 16 $2,704 $10,000

14. Review Submittals (Work Plan, Traffic Control Plan, etc) 0 $0 16 $3,312 24 $3,984 16 $2,704 $10,000

15. Process / Track RFI's 0 $0 16 $3,312 32 $5,312 20 $3,380 $12,004

16. Process, Negotiate & Issue Change Orders / Cost Proposals 6 $1,422 8 $1,656 24 $3,984 4 $676 $7,738

17. Recommend Corrective Action for Unforeseen Issues 0 $0 8 $1,656 8 $1,328 8 $1,352 $4,336

18. Review / Resolve Notices of Potential Claims 2 $474 6 $1,242 8 $1,328 4 $676 $3,720

19. Prepare Contract Amendment(s), as needed 6 $1,422 8 $1,656 16 $2,656 0 $0 $5,734

20. Monitor Onsite Unforeseen Conditions / Make Recommendations 4 $948 4 $828 6 $996 8 $1,352 $4,124

21. Review and Process Monthly Progress Payments 0 $0 10 $2,070 24 $3,984 16 $2,704 $8,758

22. Labor Compliance Field Interviews per Caltrans 0 $0 4 $828 4 $664 4 $676 $2,168

23. Review Certified Payroll Reports 0 $0 4 $828 4 $664 0 $0 $1,492

24. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 8 $1,656 16 $2,656 20 $3,380 $7,692

25. Compile / Maintain As-Built Record Drawings 0 $0 8 $1,656 16 $2,656 20 $3,380 $7,692

26. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 0 $0 8 $1,656 16 $2,656 16 $2,704 $7,016 Quality Assurance, Inspection and Material Testing

27. Provide Daily On-Site Observation / Inspection Services 0 $0 16 $3,312 80 $13,280 465 $78,585 $95,177

28. Maintain Daily Inspection Logs 0 $0 4 $828 12 $1,992 4 $676 $3,496

29. Provide Project Photo Progress Reports 0 $0 8 $1,656 12 $1,992 20 $3,380 $7,028

30. Monitor Project for Conformance with the TCP, Plans + Specs 0 $0 8 $1,656 16 $2,656 24 $4,056 $8,368

31. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 4 $828 8 $1,328 8 $1,352 $3,508

32. Coordinate the Materials Sampling, Testing and Special Inspection 0 $0 8 $1,656 12 $1,992 16 $2,704 $6,352

33. Observe Contractor's Final Testing and Commissioning of Utilities 0 $0 8 $1,656 10 $1,660 16 $2,704 $6,020

34. Review and Monitor Contractor's On-site Safety 0 $0 8 $1,656 12 $1,992 16 $2,704 $6,352

35. Monitor the Quality Control / Quality Assurance Program 0 $0 8 $1,656 16 $2,656 20 $3,380 $7,692 CITY OF CONCORD - Clayton Road Traffic Operation Improvements - Phase 2 (PJ2579) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (125 Working Days Construction) Robert Addiego -
Project Executive SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC

Page 49 of 58 ends

12/12/2022
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023 $237 $207 $166 $169 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task CITY OF CONCORD - Clayton Road Traffic Operation Improvements - Phase 2 (PJ2579) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (125 Working Days Construction) Robert Addiego -
Project Executive SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC
Public and Community Relations

36. Ensure Contractor Compliance with Public Notifications 3 $711 8 $1,656 16 $2,656 8 $1,352 $6,375

37. Coordinate with Residents, Businesses, etc during Construction 3 $711 8 $1,656 16 $2,656 8 $1,352 $6,375

38. Coordinate with Property Owners, Contractor, Utility Companies 3 $711 8 $1,656 16 $2,656 8 $1,352 $6,375

39. Outreach - City Staff, Agencies, Consultants for Construction Notices 3 $711 8 $1,656 16 $2,656 8 $1,352 $6,375

40. Facilitate Necessary Utility Coord w/ Utility Companies, City, Designer & Contractor 3 $711 8 $1,656 16 $2,656 8 $1,352 $6,375 Post Construction Services

41. Review Close-out Documents (i.e. Record Dwgs, PSA, Warranty) 0 $0 8 $1,656 8 $1,328 4 $676 $3,660

42. Prepare Close-out Documents / Package 0 $0 8 $1,656 8 $1,328 4 $676 $3,660

43. Maintain Electronic & Hard Copy Project Files 0 $0 8 $1,656 8 $1,328 4 $676 $3,660

44. Perform Post Construction Review and Prepare Lessons Learned 2 $474 4 $828 8 $1,328 4 $676 $3,306

45. Prepare Final Estimate & Payment 0 $0 2 $414 8 $1,328 4 $676 $2,418

46. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 6 $1,422 6 $1,242 8 $1,328 4 $676 $4,668

47. One-year Warranty Review / Observe Repairs 4 $948 8 $1,656 8 $1,328 4 $676 $4,608 Subtotal Hours 88 419 778 1002
Subtotal Cost per Consultant Individual $20,856 $86,733 $129,148 $169,338 Consultant Subtotal $406,075
Allowance for Special Inspection and Materials Testing
Ninyo & Moore $24,750 $24,750
Additional Cost-Reproduction, Photos, Misc Office Supplies $250 $250 Additional Cost-Allowance Subtotal $25,000 $25,000
GRAND TOTAL $431,075
Assumptions:

1. Allowance for Ninyo & Moore equals $22,500 plus 10% for insurance and mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.

2. As a subconsultant to Swinerton, Ninyo & Moore will acknowledge the PSA Agreement to be Bound.

3. The Cost Estimate is based on awarding the Base Bid, Bid Additive 1, and Bid Additive 2 work as shown in the Bid Schedule and project plans.

4. The Cost Estimate is based on the Sr RE and the RE being available for approximately 40 hours per week during the Construction phase.

5. The Cost Estimate is based on the Sr Construction Inspector being available for 40 hours per week during the Construction Phase.

6. Hours are also alloted to the Project Executive to support to the Project Team as needed.

7. The Cost Estimate is a not-to-exceed amount based on 10 work days of Preconstruction support, 125 work days of Field Construction, and 30 calendar days of Post-Construction / Closeout.

8. The Construction Phase duration is estimated at 60 work days for the Base Bid scope of work, 20 work days for Bid Additive 1, and 45 work days for Bid Additive 2.

Page 50 of 58 ends

1. Review Contract Documentation 0.96 $228 1.92 $397 1.92 $319 1.92 $324 $1,268

2. Conduct Pre-construction Conference, agenda & minutes 0.96 $228 0.96 $199 1.92 $319 0.96 $162 $907

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 1.92 $397 1.92 $319 3.84 $649 $1,365

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 12 $2,844 12 $2,484 24 $3,984 12 $2,028 $11,340

5. Attend Meetings w/ City / Management Oversight 3.84 $910 3.84 $795 3.84 $637 2.88 $487 $2,829

6. Coordinate with other City's Adjacent Projects 0 $0 3.84 $795 3.84 $637 3.84 $649 $2,081

7. Monitor Contractor's Progress Schedule & Phasing 0 $0 7.68 $1,590 15.36 $2,550 9.6 $1,622 $5,762

8. Monitor the Project's Construction Budget 0 $0 7.68 $1,590 15.36 $2,550 9.6 $1,622 $5,762

9. Monitor the Contractor's Progress 0 $0 7.68 $1,590 15.36 $2,550 15.36 $2,596 $6,735

10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 7.68 $1,590 11.52 $1,912 15.36 $2,596 $6,098

11. Maintain Project Docs / Records per City / Caltrans Standards 2.88 $683 3.84 $795 9.6 $1,594 7.68 $1,298 $4,369

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 7.68 $1,590 11.52 $1,912 9.6 $1,622 $5,124

13. Process / Track Submittals 0 $0 7.68 $1,590 11.52 $1,912 7.68 $1,298 $4,800

14. Review Submittals (Work Plan, Traffic Control Plan, etc) 0 $0 7.68 $1,590 11.52 $1,912 7.68 $1,298 $4,800

15. Process / Track RFI's 0 $0 7.68 $1,590 15.36 $2,550 9.6 $1,622 $5,762

16. Process, Negotiate & Issue Change Orders / Cost Proposals 2.88 $683 3.84 $795 11.52 $1,912 1.92 $324 $3,714

17. Recommend Corrective Action for Unforeseen Issues 0 $0 3.84 $795 3.84 $637 3.84 $649 $2,081

18. Review / Resolve Notices of Potential Claims 0.96 $228 2.88 $596 3.84 $637 1.92 $324 $1,786

19. Prepare Contract Amendment(s), as needed 2.88 $683 3.84 $795 7.68 $1,275 0 $0 $2,752

20. Monitor Onsite Unforeseen Conditions / Make Recommendations 1.92 $455 1.92 $397 2.88 $478 3.84 $649 $1,980

21. Review and Process Monthly Progress Payments 0 $0 4.8 $994 11.52 $1,912 7.68 $1,298 $4,204

22. Labor Compliance Field Interviews per Caltrans 0 $0 1.92 $397 1.92 $319 1.92 $324 $1,041

23. Review Certified Payroll Reports 0 $0 1.92 $397 1.92 $319 0 $0 $716

24. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 3.84 $795 7.68 $1,275 9.6 $1,622 $3,692

25. Compile / Maintain As-Built Record Drawings 0 $0 3.84 $795 7.68 $1,275 9.6 $1,622 $3,692

26. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 0 $0 3.84 $795 7.68 $1,275 7.68 $1,298 $3,368 Quality Assurance, Inspection and Material Testing

27. Provide Daily On-Site Observation / Inspection Services 0 $0 7.68 $1,590 38.4 $6,374 223.2 $37,721 $45,685

28. Maintain Daily Inspection Logs 0 $0 1.92 $397 5.76 $956 1.92 $324 $1,678

29. Provide Project Photo Progress Reports 0 $0 3.84 $795 5.76 $956 9.6 $1,622 $3,373

30. Monitor Project for Conformance with the TCP, Plans + Specs 0 $0 3.84 $795 7.68 $1,275 11.52 $1,947 $4,017

31. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 1.92 $397 3.84 $637 3.84 $649 $1,684

32. Coordinate the Materials Sampling, Testing and Special Inspection 0 $0 3.84 $795 5.76 $956 7.68 $1,298 $3,049

33. Observe Contractor's Final Testing and Commissioning of Utilities 0 $0 3.84 $795 4.8 $797 7.68 $1,298 $2,890

34. Review and Monitor Contractor's On-site Safety 0 $0 3.84 $795 5.76 $956 7.68 $1,298 $3,049

35. Monitor the Quality Control / Quality Assurance Program 0 $0 3.84 $795 7.68 $1,275 9.6 $1,622 $3,692 CITY OF CONCORD - Clayton Road Traffic Operation Improvements - Phase 2 (PJ2579) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (BASE BID: 60 Working Days Construction) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC

Page 51 of 58 ends

12/12/2022
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023 $237 $207 $166 $169 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task CITY OF CONCORD - Clayton Road Traffic Operation Improvements - Phase 2 (PJ2579) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (BASE BID: 60 Working Days Construction) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Public and Community Relations

36. Ensure Contractor Compliance with Public Notifications 1.44 $341 3.84 $795 7.68 $1,275 3.84 $649 $3,060

37. Coordinate with Residents, Businesses, etc during Construction 1.44 $341 3.84 $795 7.68 $1,275 3.84 $649 $3,060

38. Coordinate with Property Owners, Contractor, Utility Companies 1.44 $341 3.84 $795 7.68 $1,275 3.84 $649 $3,060

39. Outreach - City Staff, Agencies, Consultants for Construction Notices 1.44 $341 3.84 $795 7.68 $1,275 3.84 $649 $3,060

40. Facilitate Necessary Utility Coord w/ Utility Companies, City, Designer & Contractor 1.44 $341 3.84 $795 7.68 $1,275 3.84 $649 $3,060 Post Construction Services

41. Review Close-out Documents (i.e. Record Dwgs, PSA, Warranty) 0 $0 3.84 $795 3.84 $637 1.92 $324 $1,757

42. Prepare Close-out Documents / Package 0 $0 3.84 $795 3.84 $637 1.92 $324 $1,757

43. Maintain Electronic & Hard Copy Project Files 0 $0 3.84 $795 3.84 $637 1.92 $324 $1,757

44. Perform Post Construction Review and Prepare Lessons Learned 0.96 $228 1.92 $397 3.84 $637 1.92 $324 $1,587

45. Prepare Final Estimate & Payment 0 $0 0.96 $199 3.84 $637 1.92 $324 $1,161

46. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 2.88 $683 2.88 $596 3.84 $637 1.92 $324 $2,241

47. One-year Warranty Review / Observe Repairs 1.92 $455 3.84 $795 3.84 $637 1.92 $324 $2,212 Subtotal Hours 42.24 201.12 373.44 480.96
Subtotal Cost per Consultant Individual $10,011 $41,632 $61,991 $81,282 Consultant Subtotal $194,916
Allowance for Special Inspection and Materials Testing
Ninyo & Moore $11,880 $11,880
Additional Cost-Reproduction, Photos, Misc Office Supplies $120 $120 Additional Cost-Allowance Subtotal $12,000 $12,000
GRAND TOTAL $206,916
Assumptions: