Agenda packet — Concord City Council, March 28, 2023 (part 5 of 5)

City of Concord Hazard Mitigation Plan Review of Previous Plan Actions F-3
Removed;
Carried Over to
Plan Update
Action Item Completed
No Longer
Feasible
Check if
Yes
Enter
Action #
C-11— Uninterruptible power service supply replacement at the PD:
replaces end of life Uninterruptible Power Supply (UPS) for the Police Department’s Dispatch and Emergency Operations Center (EOC) activities.
✓
Comment: The UPS replacement was deemed complete on June 30, 2019.

C-12—Update and Maintain the Floodplain Management Plan ✓ 6 Comment: Originally due to reduced staffing, and subsequently as a result of response to the COVID-19 Pandemic and fiscal impacts, the efforts to develop a comprehensive and proactive Flood Plain Management Plan have been delayed. Currently the City maintains flood plain management efforts through Development and Storm Water Services under Engineering, and through the City’s existing Flood Plain Ordinance. This action item remains a long term goal and initial planning is scheduled to resume as staffing and funding become available.

C-13— Develop a continuity of operations plan ✓ 7
Comment: The Continuity of Operations Plan for the City’s IT Department was updated in 2022 and will be the subject of ongoing review especially as systems and staff change.

C-14— Work with the Water District to develop inundation mapping for District owned Water Storage Units and integrate this mapping into locally relevant planning mechanisms, such as the hazard mitigation plan, emergency response plan, and/or general plan, as appropriate. ✓ 8
Comment: Initial conversations with CCWD have been started, but reduced staffing, and impacts due to the COVID-19 pandemic at both agencies (City of Concord and CCWD) have resulted in only minor progress. Discussions are ongoing.

C-15— Develop a City Critical Infrastructure Map ✓ 9 Comment: Critical infrastructure are those structures and facilities that provide essential life safety services to the community, support public safety, disaster response, and recovery activities. Concord PD and Civic Center are included in this list and their construction plans will be reviewed as part of that process. The list is being developed with the goal of the City’s GIS department to create a Critical Infrastructure Map, which will be kept up to date with regular reviews.

C-16—Identify an alternate EOC in Concord ✓ 10
Comment: In 2016, the Cal State East Bay campus in Concord, CA signed a Memorandum of Understanding with the Concord Police Department as its alternate EOC. Cal State East Bay campus was closed due to COVID-19.

Progress on this Goal has been halted; however, the City is now reviewing the possibility of designating a City- owned site as an alternate EOC.

C-17— Adopt the 2009 International Existing Building Code for the design of voluntary or mandatory soft-story building retrofits ✓ 11
Comment: The 2019 California Existing Building Code (CEBC) has been adopted which incorporates the model language from the 2018 International Existing Building Code (IEBC). However, while the 2018 IEBC Appendix A4 provides design requirements for voluntary soft-story building retrofits, this appendix is not adopted by the State of California and therefore not adopted as part of the 2019 CEBC. The City of Concord has not adopted Appendix A4 as a local amendment. Pending the California State Adoption of Appendix A4 of the CEBC 2022, the City will consider adoption effective January 1, 2023.

Page 388 of 399 ends

City of Concord Hazard Mitigation Plan Review of Previous Plan Actions F-4
Removed;
Carried Over to
Plan Update
Action Item Completed
No Longer
Feasible
Check if
Yes
Enter
Action #
C-18— Climate Action Plan, City Forest Plan TL-9. Develop a City Forrest Plan for Downtown and Key Street Corridors. Also include in Street Tree Master Plan, which requires 10% of non-residential parking lots to be landscaped.
✓ 12
Comment: The City Forest Plan is called out in the Climate Action Plan and further development of elements for Downtown and Key Street Corridors remains ongoing for the Planning Division, awaiting input from the City Arborist, since it is a City tree issue, to define next steps.

Page 389 of 399 ends

City of Concord Hazard Mitigation Plan
Appendix G. Progress Report Template

Page 390 of 399 ends

Page 391 of 399 ends

G-1
G. PROGRESS REPORT TEMPLATE
Reporting Period: (Insert reporting period)
Background: The City of Concord developed a hazard mitigation plan to reduce risk from hazards by identifying resources, information, and strategies for risk reduction. The federal Disaster Mitigation Act of 2000 requires state and local governments to develop hazard mitigation plans as a condition for federal disaster grant assistance. To prepare the plan, the City organized resources, assessed risks from hazards, developed planning goals and objectives, reviewed mitigation alternatives, and developed an action plan to address probable impacts from natural hazards. By completing this process, the City maintained compliance with the Disaster Mitigation Act, achieving eligibility for mitigation grant funding opportunities afforded under the Robert T. Stafford Act. The plan can be viewed on-line at:

INSERT LINK
Summary Overview of the Plan’s Progress: The performance period for the Hazard Mitigation Plan became effective on __[date]__, with the final approval of the plan by FEMA. The performance period for this plan will be 5 years, with an anticipated update to the plan to occur before __[date]__. As of this reporting period, the performance period for this plan is considered to be __% complete. The Hazard Mitigation Plan has targeted 23 hazard mitigation actions to be pursued during the 5-year performance period. As of the reporting period, the following overall progress can be reported:
• __ out of __ actions (__%) reported ongoing action toward completion. • __ out of __ actions (__%) were reported as being complete. • __ out of __ actions (___%) reported no action taken.

Purpose: The purpose of this report is to provide an update on the implementation of the action plan identified in the Hazard Mitigation Plan. The objective is to ensure that there is a continuing and responsive planning process that will keep the Hazard Mitigation Plan dynamic and responsive to the needs and capabilities of the City of Concord.

This report discusses the following:
• Hazard events that have occurred over the reporting period. • Changes in risk exposure within the planning area.
• Mitigation success stories.
• Review of the action plan.
• Changes in capabilities that could impact plan implementation. • Recommendations for changes/enhancement.

Page 392 of 399 ends

City of Concord Hazard Mitigation Plan Progress Report Template G-2
The Plan Maintenance Steering Committee: It was determined through the plan’s development process that a plan maintenance steering committee would remain in service to oversee maintenance of the plan. The plan maintenance steering committee, made up of City staff and other stakeholders from the planning area, reviewed and approved this progress report at its annual meeting held on __[date]__. At a minimum, the plan maintenance steering committee is to provide technical review and oversight on the development of the annual progress report.

It is anticipated that there will be turnover in the membership annually, which will be documented in the progress reports. For this reporting period, the plan maintenance steering committee membership is as indicated in Table 1.

Table 1. Plan Maintenance Steering Committee Members
Name Title Department/Agency

Hazard Events within the Planning Area: During the reporting period, there were __ hazard events in the planning area that had a measurable impact on people or property. A summary of these events is as follows:
• __________________________
• __________________________
Changes in Risk Exposure in the Planning Area: (Insert brief overview of any natural hazard event in the planning area that changed the probability of occurrence or ranking of risk for the hazards addressed in the hazard mitigation plan) Mitigation Success Stories: (Insert brief overview of mitigation accomplishments during the reporting period) Review of the Action Plan: Table 2 reviews the action plan, reporting the status of each action. Reviewers of this report should refer to the Hazard Mitigation Plan for more detailed descriptions of each action and the prioritization process.

Address the following in the “status” column of the following table:
• Was any element of the action carried out during the reporting period?

Page 393 of 399 ends

City of Concord Hazard Mitigation Plan Progress Report Template G-3
• If no action was completed, why?
• Is the timeline for implementation for the action still appropriate? • If the action was completed, does it need to be changed or removed from the action plan? Table 2. Action Plan Matrix
Action Taken?
(Yes or No) Time Line Priority Status Status (X,
O,✓)
Action #__—______________________[description]

Action #__—______________________[description]

Completion status legend:
✓= Project Completed
O = Action ongoing toward completion
X = No progress at this time

Page 394 of 399 ends

City of Concord Hazard Mitigation Plan Progress Report Template G-4
Changes That May Impact Implementation of the Plan: (Insert brief overview of any significant changes in the planning area that would have a profound impact on the implementation of the plan. Specify any changes in technical, regulatory and financial capabilities identified during the plan’s development) Recommendations for Changes or Enhancements: Based on the review of this report by the plan maintenance steering committee, the following recommendations will be noted for future updates or revisions to the plan:
• __________________________
• __________________________
• __________________________
• __________________________
• __________________________
• __________________________

Public review notice: The contents of this report are considered to be public knowledge and have been prepared for total public disclosure. Copies of the report have been provided to the City of Concord Council and to local media outlets. The report is posted on the City of Concord Hazard Mitigation Plan website. Any questions or comments regarding the contents of this report should be directed to:

Insert Contact Info Here

Page 395 of 399 ends

City of Concord Hazard Mitigation Plan
Appendix H. City Adoption Resolution and
FEMA Approval

Page 396 of 399 ends

Page 397 of 399 ends

H-1
H. CITY ADOPTION RESOLUTION AND FEMA APPROVAL
To Be Provided With Final Draft

Page 398 of 399 ends

Page 399 of 399 ends

Staff Report
Date: March 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering appointment of applicants Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of four-year terms ending June 30, 2023, and Evangeline Ward to the
Concord/Pleasant Hill Health Care District Grant Committee for the remainder of a four-year term ending June 30, 2025, as recommended by the Council Committee on Recreation,
Cultural Affairs, and Community Services (Aliano/Nakamura).

Report in Brief
Consider appointment of applicants Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of four- year terms ending June 30, 2023, and Evangeline Ward to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of a four-year term ending June 30, 2025, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura).

Recommended Action
Appoint applicants Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of four-year terms ending June 30, 2023, and Evangeline Ward to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of a four-year term ending June 30, 2025, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura).

3.h3.h3.h

Page 1 of 36 ends

City Council Agenda Report
Agenda Item No. 3.h
March 28, 2023
Background
In accordance with Policy and Procedure No. 89, openings on the Concord/Pleasant Hill Health Care District Grant Committee were announced on November 8, 2022.

Applications were due to the City Clerk’s Office on Friday, December 16, 2022, at 5 p.m.

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

The Committee is seeking two (2) individuals willing to serve the remainder of a four- year term ending June 30, 2023, and one (1) individual willing to serve the remainder of a four-year term ending June 30, 2025. A total of nine (9) applications were received and seven (7) applicants qualified to be interviewed, including: Darlene Menor, Larry Prosper, Basilisa Serrano, Ravindra Shah, Luz E. Palomera Sierra, Mike Tiktinsky, and Evangeline Ward. Interviews were held on Tuesday, March 21, 2023, by the Council Committee on Recreation, Cultural Affairs, and Community Services. The applicant Summary is included as Attachment 1.

The Council Committee on Recreation, Cultural Affairs, and Community Services recommend the appointment of Luz E. Palomera Sierra and Mike Tiktinsky to serve the remainder of four-year terms ending June 30, 2023, and Evangeline Ward to serve the remainder of a four-year term ending June 30, 2025.

Public Contact
The City Council Agenda was posted and applicants have been notified.

Attachments

1. Concord/Pleasant Hill Health Care District Grant Committee Applicant Summary

2. Applications

Page 2 of 36 ends

Concord/Pleasant Hill Health Care District
Applicant Summary
March 21, 2023
Applicant
~ Luz E. Palomera Sierra
Darlene Menor – Application withdrawn 3/21/2023
Larry Prosper – Application withdrawn 3/21/2023
Ravindra Shah – Requested to be considered without
interview
Mike Tiktinsky
Evangeline Ward
Basilisa Serrano
~ Applied for multiple Boards
Attachment 1

Page 3 of 36 ends

Submit Date: Dec 06, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
4 Number of years in Concord:
5 Number of years in the county:
5 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Basilisa Serrano
Blize Healthcare
Home Healthcare community
liaison Medical Advocate
Basilisa Serrano
Attachment 2

Page 4 of 36 ends

Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for Neutral Party
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

This position interest me because I have been in the healthcare field and helping people is my passion. I volunteered for Habitat for humanity, urban farmers, love known and not alone and other volunteer opportunities within the community.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:
2003-2007 North Carolina Habitat for humanity- volunteer 2018-2019 The Cheesecake Factory feeding for Thanksgiving event- volunteer 2018-2020 Urban Farmers volunteer 2019-2021 Love known and not alone volunteer/baker
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

My past volunteering experience have given me skills in listening and understanding situations individual have. My ultimate goal is to contribute to the community by providing the resources they don’t know exist.

Basilisa Serrano

Page 5 of 36 ends

Upload a Resume
Education and Training
High School
Vance Granville community college- High School Equivalency Henderson North Carolina College
Vance Granville community college Medical office Administration Henderson North Carolina Technicial/Vocational Training
Harrison college North Carolina Pastry Arts Associate degree Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Basilisa Serrano
Basilisa Serrano

Page 6 of 36 ends

Submit Date: Sep 13, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
14 Number of years in Concord:
14 Number of years in the county:
14 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Darlene Menor
Toyon Associates, Inc. Appeals Coordinator Paralegal
Darlene Menor

Page 7 of 36 ends

N/A
Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for None Selected
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I think it's important to give back to the community and this will be a great start in doing my part to help my fellow Concord residents. By becoming a member of the Health Care District Grant Committee, hope I to make a positive impact in my community and help organizations in need of funding. I believe my paralegal background will be an asset to this committee.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I do not have prior experience on a board or commission.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

Despite not having prior service experience on a board or commission, I know I will be a positive addition to this committee. My experience as a litigation paralegal will bring analytical and critical thinking, along with a strong work ethic and the ability to effectively work with all types of personalities and working styles.

At my current job, I work on hospital reimbursements appeals, which has given me insight on health care services and costs. If given the opportunity, I will serve this committee to the best of my abilities. Thank you for your consideration and I look forward to hearing from you soon.

Darlene Menor

Page 8 of 36 ends

Upload a Resume
Education and Training
High School
Waialua High and Intermediate School (Waialua, HI)
College
University of California, Santa Barbara
Technicial/Vocational Training
N/A
Certification or Other
N/A
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Darlene Menor
Darlene Menor

Page 9 of 36 ends

Darlene Z. Menor
4863 Thiessen Court, Concord, CA 94521
Telephone: (925) 849-5967
Email: [email protected]

EMPLOYMENT
Appeals Coordinator (May 2021 - present)
Toyon Associates, Inc., Concord, CA
♦ Manage hospital systems and independent hospitals’ Medicare and Medi-Cal appeals filed with the Centers for Medicare & Medicaid Services, Provider Reimbursement Review Board. ♦ Prepare letters and documents for submission to the Provider Reimbursement Review Board, including drafting position papers and response letters to the Provider Reimbursement Review Board.
♦ Oversee work product and workload of the appeals team administrative assistant. ♦ Implement procedures to streamline in-house appeals process. ♦ Manage appeal deadlines and ensure adherence by appeals team. ♦ Work with cost reporting consultants to ensure compliance with Provider Reimbursement Review Board’s Rules.
♦ Coordinate with outside counsel and hospital clients to compile documents required for filing of appeals.
♦ Maintain case files.

Litigation Paralegal (May 2004 – May 2021)
Glynn & Finley LLP, Walnut Creek, CA
♦ Extensive trial experience, including setup of war room, equipment setup in court room, use of trial software in court, management of exhibits, and preparation of witness binders. ♦ Administer Zoom for trial and arbitration, including equipment setup and training of attorneys and witnesses.
♦ Oversee entire process of traditional paper and electronic document productions, including processing of images and metadata for ingestion into document review platform. ♦ Conduct document reviews in preparation for fact discovery. ♦ Perform legal research and research on companies, individuals, and real property. ♦ Prepare documents for court filings, court hearings and mediations; file documents through File&Serve and various court filing applications.
♦ Draft and prepare discovery pleadings, subpoenas, and pretrial calendars. ♦ Perform cite checking of briefs and compile records citation; prepare appendices for appeals. ♦ Create PowerPoint presentations for use in trial, mediations, and hearings. ♦ Manage IT issues relating to desktops, server, and phone system in conjunction with offsite IT vendor.
♦ Administer formation and use of document databases and trial director. ♦ Prepare deposition summaries and engage in deposition preparation; coordinate Zoom depositions with court reporter and attorneys.
♦ Coordinate deposition scheduling and duplicating services; calendar case deadlines. ♦ Contact with client, counsel, and vendors regarding case issues. ♦ Supervise and train file clerks and paralegals; train employees on software systems. ♦ Handle various office administrative operations, including contract negotiations with vendors, office-wide projects with IT vendor, document management and document retention procedures.

Page 10 of 36 ends

Legal Analyst (May 1997 – May 2004)
Pillsbury Winthrop LLP, San Francisco, CA
♦ Involvement in retrieval, review, and production of traditional and electronic discovery. ♦ Devise and maintain a database for over 100,000 documents across multiple categories. ♦ Supervise and train case clerks and paralegals.
♦ Prepare, organize, and maintain trial exhibits; create trial exhibits list. ♦ Lead paralegal in courtroom during trial.
♦ Conduct on-site review of client and plaintiff documents responsive to discovery requests. ♦ Prepare deposition summaries and engage in deposition preparations. ♦ Perform computerized and traditional legal research.
♦ Prepare and organize documents for court filings.
♦ Develop spreadsheets for case budget and assist attorneys with the review of client bills. ♦ Coordinate deposition scheduling and duplicating services.

Legal Assistant (August 1995 – March 1997)
Taylor & Co., Alameda, CA
♦ Review and index large volumes of document productions. ♦ Maintain client files according to office systems and procedures. ♦ Review client files to gather factual data.
♦ Prepare and organize trial exhibits, witness binders and deposition exhibits. ♦ Assist attorneys with court filings.

EDUCATION
Bachelor of Arts in Political Science, University of California at Santa Barbara SKILLS
Microsoft Office Suite (Word, Excel, PowerPoint, Outlook, Teams), Relativity, Thomson Reuter’s e- Discovery Point, Trial Director, Zoom, Summation, Thomson Reuter’s Litigation Suite (Case Logistix, Case Notebook, Case Timeline, Case Production and Waypoint), Concordance, LexisNexis, WestlawNext, Adobe Acrobat Professional, LiveNote, Electronic Court Filing Applications, Apple OS, Internet Research, and Office of Hearings Case and Document Management System (OH CDMS).

ACTIVITIES / INTERESTS
• Relay for Life Team Captain and Participant (2013-2015, 2017, 2019) o Event to raise money for the American Cancer Society. o Team members take turns walking laps for 24 hours.
o Team members individually fundraise for months leading up to event. o Teams fundraise during event with raffle items, selling food and merchandise, and other activities.
o Work with and motivate team members to raise money and brainstorm on fundraising ideas.
• Relay for Life Committee Member, Logistics Chair (2014 and 2015) o Work with committee members and American Cancer Society leadership to plan, organize and execute event.
o Work with committee members to advertise event; generate excitement and friendly competition among teams to raise money.
o Contact vendors to gather quotes for various equipment, review and compare quotes and report results to committee.
o Coordinate with vendors and supervise setup and breakdown of stage, equipment, tables, chairs, tents, etc.
• Member, Combat Fitness (Muay Thai and Boxing).

Page 11 of 36 ends

Submit Date: Nov 20, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:

Two years
Number of years in Concord:

Two years
Number of years in the county:

Six years
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Evangeline Ward
Contra Costa Community
College Dental hygiene instructor Dental hygienist
Evangeline Ward

Page 12 of 36 ends

To serve as a board member to support and serve the community in Concord.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I have served on the Dental Hygiene Board of California for ten years. I am currently on the California Board of Accountancy. I was fortunate to serve as a professional member of the Hygiene board and participated in many changes to the rules and regulations regarding the profession. I currently do the role as a public member of the board of accountancy, where I can vote on current issues and provide input and support from a non-professional standpoint.

I have had various training and courses over the years; sexual harassment, leadership training, continuing education classes regarding community health, and membership in various professional organizations that advocate patient oral health care. I currently teach community health and arrange community service opportunities for my students.

Evangeline Ward

Page 13 of 36 ends

Upload a Resume
Education and Training
High School
Roosevelt High school Fresno, CA
College
Diablo Valley College, Pleasant Hill, CA- Dental Hygiene Certificate Fresno State University, Fresno, CA- BS in Health Science Logan University, Chesterfield, MO- MS in Nutrition Technicial/Vocational Training
Certification or Other
California Dental Assistant certification
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Evangeline Ward
Evangeline Ward

Page 14 of 36 ends

Evangeline Ward
3901 Clayton Rd
#24
Concord, CA 94521
Cell Phone (925) 917-9120
E-mail: [email protected]
Objective To obtain a position providing education and service to patients while providing support to administration.

Education Logan University, Chesterfield, Missouri
Master’s Degree in Nutrition, April 2021
Diablo Valley College Dental Hygiene, Pleasant Hill, CA Certificate in Dental Hygiene, May 2007
Fresno State University, Fresno, CA
Bachelor of Science in Health Science May 1996
Fresno City College, Fresno, ca
1989-1990
Certificate in Laser, July 2010
Licensure Registered Dental Hygienist, CA,
License # 23219
Certified Dental Assistant
Certificate #263740
Professional DDS Grafton - DA, Pleasant Hill, Ca. August 2003-August 2005 Experience
DDS W. Thomas Sharp, August 2007-August 2012
Family Dentistry
2220 Mountain Blvd Suite 205
Oakland, Ca
DDS Michael Carpentier and DDS Grace-Mary Hume, January 2008- June 2010
Family Dentistry
1855 San Miguel Dr
Walnut Creek, Ca
DDS Duwad Muhaimin, June 2010-January 2018

Page 15 of 36 ends

Family Dentistry
179 El Mira Road Suite H
Vacaville, CA
DDS Richard Tabor, April 2013- Present
Family Dentistry
1821 Santa Clara Street
Alameda, CA
DDS Craig S. Gainza, October 2017-2019
North Bay Periodontics
27 Rotary Way
Vallejo, CA 94591
Teaching
Experience
Diablo Valley College, Fall 2015-Present
Dental Hygiene Instructor
321 Golf Club Road
Pleasant Hill, CA
Professional Student American Dental Association, 2005-2007 Memberships
American Dental Hygiene Association, 2005-2016
California Dental Hygiene Association, 2005-present
*Mount Diablo, East Bay and Napa/Solano
National Dental Hygiene Association, 2007, 2012
Greater Bay Area Dental Society, 2011-present
Chabot Student liaison for CDHA 2012-present
Mount Diablo Student Liaison for CDHA 2008-2012
Community Community oral health service project in Antioch, CA Service 2007
2007-Present; Varies community outreach and volunteer projects.

RAM 2012
California Work Force health fair- 2016
CDA Cares- Sacramento 2014,2015, Fresno 2015, Stockton 2016, San Rafael 2017
East Bay Component- Oral health education for children 2014-2017 Mount Calvary Baptist Church health fair 2012-2016
Allen Temple church health fair 2015-2016
Dental Hygiene Board of California 2012-2022
California Board of Accountancy 2022- current
Reference
Upon request

Page 16 of 36 ends

Submit Date: Sep 16, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
54 Number of years in Concord:
54 Number of years in the county:
54 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Larry Prosper
City & County of San Francisco Police Sergeant Police
Larry Prosper

Page 17 of 36 ends

Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for None Selected
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

Larry Prosper

Page 18 of 36 ends

Upload a Resume
Education and Training
High School
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Larry Prosper
Larry Prosper

Page 19 of 36 ends

!"
#

"
#

$

%

((

)

Page 20 of 36 ends

,

&

'

(

#)
*
#

#
'

$
#

#
')
,

!

'

'%
-

'

!

$

(

%
-

&

'
,

.
/$

. 0

0

0 1

/1

2

2 1
/
$

+.

0

2 1
/
$

12 /1

1

0

$
/

0 0

2 1
/

1
3
/

/1$

$. 0
1

0

+. 0
0

/

0
0

/

+

. 0

/

$ 3
1 / *
4

( 41
0 /2 1
/
$1 3
12 $

0
/

2+
,

(

(

'

#
'

.1 5

1

/

"

. 0

0 1

+"/

1
1 2
6

1

1

0

71
1

/1

2

2 1
/
$

+. 0
12
1 3$/ *
3$
/ *

/

8
1

+

Page 21 of 36 ends

9 :

,

'

+

(
(

(

(

'
-
(

+

(

'(

.
$
#

$

2 1
/
1

. 1 /

/

;

$12

;

</ +.

0
0
$

.<0

1

<

/0

0
+

*

'
'

#5=."9"
(##

'
.>#=-
#)
*

./

*

'

."5

*

0 *

&1
*2

,

.
$

$

>

1
$
$
$ 0

+.

$

$
6
.

$

/

8

+

Page 22 of 36 ends

'
#

0#
'

&

$
'

+

'
'

'

&

$
#'

'

*

)
./

'

3

0

4

*+

Page 23 of 36 ends

!
"
#

!
"

#"

$
%&

(

$

)*
)

#

+

-
"

)
+

)
).

*

-
"

)
+

)

Page 24 of 36 ends

!
"
#
+

4 ,

,

,

$

$,

!"
#
$$

%$ &

#

*" $

$,

#(,

5

'

"

1 $

'

%

(

)
*

,

6

7

)
8

:

$

)

(
:

0

*

*

$

*$
+
#

'

;

0

"

<3

Page 25 of 36 ends

!
"
#

$
,

$ -,
.

,

*+
"
8
(

+

=*+8+>
,
#
+

/
$$

0'

*

4

,

"

,

"

$
!$

1
'
&
0

,

"

)'

"

,

1
:"
/$ +
2

(

,

"

(

+
"
?

@A"

!
<B2C

+
'
<B2D
;?
'

@

(
?
'
<B22
E3

Page 26 of 36 ends

!
"
#
0
*

+

(<BB2
*+
"

0?

@F

+
=F+>2GGH

'*=

'
I

*>@?

+

2GHE
,

,
<BBL
9

9

+

)/

8
,
<BBE
*"

A6

:

A

*"<B2EM

<B2E#<B2L
$

$,

9

*"
+

<B2<
#

*

)

9

)?
2GGB#

)
;

"
5
)
L3

Page 27 of 36 ends

Submit Date: Sep 05, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
11 Number of years in Concord:
11 Number of years in the county:
11 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Mike Tiktinsky
Retired Retired Retired
Mike Tiktinsky

Page 28 of 36 ends

In addition to a background in public health (I have an M.P.H.), I have seen how difficult it is for low income residents to access adequate health care services. This year, we have hosted in our home 2 different Ukrainian refugees (1 family with 2 children, 1 individual) and have helped them through the difficult process of applying for and accessing health care services. This appears to be standard operating procedure for anyone of low income without adequate resources. As a community, I believe we need to do a better job of providing good health care services to this population in need. If being on this committee can in some ways help with programs to serve this seriously unmet need, I would like to contribute to helping.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

In the 1980’s I worked with the Walnut Chamber of Commerce on programs to help high school students learn about careers. We put on career day programs and helped find sponsors for students to shadow for a day. I coached the Napa High School Mock Trial team for 5 years, each year winning out county and taking the team to the state championships. I then ran the Napa County High School mock trial program for another 5 years and received the "Outstanding Commitment to Youth" from the Constitutional Rights Foundation, the sponsor of the high school mock trial program.

Mike Tiktinsky

Page 29 of 36 ends

Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

I have an M.P.H. with a double specialty in epidemiology and behavioral sciences in addition to a Ph.D. In psychology. I have completed 16 graduate courses in statistics and have been admitted as an expert in state and federal courts all over the country with a specialty in statistical analysis in discrimination cases. I have extensive experience in analyzing data to determine if the program has met its stated goals. I have a strong research background so that I can evaluate whether or not the proper analysis metrics are included in the design of the program.

Education and Training
High School
Los Gatos High School, Los Gatos, CA
College
U.C. Berkeley: BA, psychology U.C. Berkeley: MA, Mathematical psychology U.C. Berkeley: Ph.D.

Psychology U.C. Berkeley: M.P.H. Epidemiology and Behavioral Sciences Technicial/Vocational Training
Post-doc in psychiatry, Stanford University Medical Center Certification or Other
Certified Pesonal Trainer, American College of Sports Medicine Certified Powerlifting Coach, United States Powerlifting Association
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Mike Tiktinsky

Page 30 of 36 ends

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Mike Tiktinsky
Mike Tiktinsky

Page 31 of 36 ends

Experienced Senior Consultant with over 25 year in trial and jury consulting. Strong client handling and interpersonal talents. Chosen as the lead consultant multiple times on large, multi -defendant cases to handle trial consulting needs for a team of atto rneys from different law firms representing different clients and client needs. Skilled in managing, delegating and assigning complex timelines and projects.

Skilled in client oversight and management, issue resolution and business presentation. Impressive capability for juggling multiple tasks and projects within deadlines and delivering quality results. Provided consulting services on over 120 Intel lectual Property cases and was the go-to consultant for difficult patent cases in challenging venues.

Consulted on cases involving exposure to toxic chemicals, tobacco, and health related outcomes.

Admitted and testified as an expert in statistics and data analysis for discrimination cases in federal and state courts across the country.

Work History

1994 - 2018 Senior Consultant
Trial Behavior Consulting, Inc., San Francisco, CA
• Work with trial teams to prepare for trial or settlement • Analyzed weaknesses and problems. Made
recommendations to overcome weaknesses, strategies
to deal with key problems, identified persuasive
arguments to persuade jurors
• Prepared witnesses for depositions and trial testimony • Developed juror selection strateg y
• Identified potentially problematic jurors during jury selection and developed strike strategy

Education

1980 M.P.H.: Epidemiology And Behavioral Sciences
University of California - Berkeley
1974 Ph.D.: Psychology University of California - Berkeley

Contact

Address
Concord, CA, 94519
Phone
(415) 601 -3574
E-mail
[email protected]

Skills

Consulting
Project Management
Statistical and Data
Analysis
Client Management
Outstanding
communication skills
Flexibility

C. Michael ("Mike") Tiktinsky
Retired

Page 32 of 36 ends

Community Involvement

Coached the Napa High mock trial team for 5 years
(each year winning the county and taking the team to
the state finals) and ran the Napa County High School
mock trial program for 5 additional years. Received
Outstanding Commitment to Youth Award from the
sponsoring agency, the Constitutional Rights
Foundation.

In the 1980's, worked with the Walnut Creek Chamber
of Commerce on high school career program.
.

Page 33 of 36 ends

Submit Date: Sep 16, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
24 Number of years in Concord:
24 Number of years in the county:
24 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Ravindra Shah
Retired from Chevron Staff Engineer Engineer
Ravindra Shah

Page 34 of 36 ends

CPHHCD
Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for Neutral Party
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

To serve the community. Since I have recently retired, I think I can utilize my analytical and common sense ability to do some good to the community.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

Because I was working full time I haven't participated in community services with the exception that I am a treasurer for Limeridge HOA board. I have implemented changes to improve the financial position and working to make other changes beneficial to the board.

I have Master's degree in Chemical Engineering as well as Business Administration. I am able to apply these skills in solving problems, improving the structure and operation. I am dependable and a team player. I have excellent analytical skills that goes well with the common sense approach.

Ravindra Shah

Page 35 of 36 ends

Upload a Resume
Education and Training
High School
College
Technicial/Vocational Training
Certification or Other
M.S. Chemical Engineering, Illinois Institute of Technology, Chicago, IL M.B.A. - Illinois Institute of Technology, Chicago, IL
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Ravindra Shah
Ravindra Shah

Page 36 of 36 ends

Staff Report
Date: March 28, 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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering the following:

1. Making findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Stronger Building Services bid, and relieve Stronger Building
Services of their bid.

2. Award of a construction contract in the total amount of $4,261,838 to the second low bidder, ERC Roofing &
Waterproofing, for the Civic Center Roof and Benches
Replacement Project (Project Nos. 2429 and 2565), utilizing the alternate bid total which includes synthetic wood shake shingles in lieu of asphalt composition shingles;
authorizing staff to utilize the available project contingency for contract change orders that become necessary up to
10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City
Attorney.

3. Approval of a Professional Services Agreement with
Swinerton in the not-to-exceed amount of $292,230.40 (base agreement of $265,664 plus staff authority to spend up to a 10% contingency of $26,566.40) to provide construction
management and inspection services for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429

3.i3.i3.i3.i3.i3.i

Page 1 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
and 2565); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

4. Approval of a budget transfer in the amount of $80,000 to the Civic Center Roof Replacement Project (City Project No. 2429) from the Civic Center Wooden Benches Project (City Project No. 2565, Fund 407 – Measure V Funds).

5. Approval of a transfer of $2.15 million of one-time Fiscal Year 2021-22 Measure V residual funds to the Civic Center Roof Replacement Project (City Project No. 2429).

6. Make CEQA determinations as provided in this report. (Funded by Measure Q, Measure V and Building
Maintenance Funds)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15304 and/or Public Resources Code Section 21065.

Report in Brief
The Civic Center Roof and Benches Replacement Project (PJ 2429 and PJ 2565) primarily involves replacement of the flat and sloped roof of the Civic Center Buildings, including Wings A, C, D, and the Council Chamber (see location map, Attachment 1).

The project will involve replacement of the gutters, downspouts, fascia boards, trim, and other features relating to the roof for a fully functioning roof system. Non-roof aspects of the project involved are replacement of the wood benches in the Civic Center courtyard, and drainage improvements. The project addresses many maintenance issues relating to the Civic Center roof and replaces materials that have reached the end of their original design life.

The project has been designed, competitively bid (see Attachment 2 for Bid Summary) and is now at the point of construction contract award. If award is approved by the City Council, construction is expected to start in May 2023, and be completed by October, weather permitting. Construction on the Council Chamber roof will take place in the month of July, when City Council is on break.

Construction management and inspection services are needed to ensure work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord. The Professional Services Agreement with Swinerton is attached (see Attachment 3).

Page 2 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
Recommended Action

1. Make findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Stronger Building Services bid, and relieve Stronger Building Services of their bid.

2. Award of a construction contract in the total amount of $4,261,838 to the second low bidder, ERC Roofing & Waterproofing, for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565), utilizing the alternate bid total which includes synthetic wood shake shingles in lieu of asphalt composition shingles; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

3. Approve a Professional Services Agreement with Swinerton in the not-to-exceed amount of $292,230.40 (base agreement of $265,664 plus staff authority to spend up to a 10% contingency of $26,566.40) to provide construction management and inspection services for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

4. Approve a budget transfer in the amount of $80,000 to the Civic Center Roof Replacement Project (City Project No. 2429) from the Civic Center Wooden Benches Project (City Project No. 2565, Fund 407 – Measure V Funds).

5. Approve a transfer of $2.15 million of one-time Fiscal Year 2021-22 Measure V residual funds to the Civic Center Roof Replacement Project (City Project No. 2429).

6. Make CEQA determinations as provided in this report.

Background
The City of Concord (City) Civic Center was originally built in 1966, designed by the internationally acclaimed architect Ernest J. Kump (Kump). Kump (1911-1999) was a highly regarded architect who combined modern design philosophy with California wood-frame architecture in site and space planning. Kump’s progressive architectural ideas were used in the design of the complex. A group of one-story, free-standing buildings arranged in a pin-wheel configuration surrounded by a minimally landscaped central courtyard. The buildings were constructed of pre-cast concrete components contrasted with natural materials, such as dark stained redwood siding and shingled roofs with generous overhangs.

Over the years, the roof has undergone various maintenance including replacement of the shingles (shingles were replaced with cement fiber shingles approximately 30 years ago), patch repairs on flat portions of the roof, and replacement of HVAC equipment. It has gotten to the point where maintenance is no longer an appropriate solution. With this project. City staff (Staff) aims to renew the historical style of the Civic Center

Page 3 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
campus, by replacing the deteriorating redwood boards and fiber cement shingles with new, synthetic polymer-based shingles that mimic the wood shake shingle profile designed by Kump.

The benches within the Civic Center courtyard are made from Alaskan Yellow Cedar and were originally installed with the Civic Center Complex in 1966. The benches were most recently replaced in 1982. Because it has been over 40 years since their last replacement, the cedar is now rotting in some locations, no longer resistant to weather, and past the point of a quick maintenance fix. Due to the age and weathering, the wood benches are in need of replacement.

In 2019, the Civic Center Roof Replacement Project (Project) was created by Staff as a result of ongoing maintenance issues, leaks, and roof materials visibly noticeably past their original design life.

In June 2, 2020, City Council (Council) adopted the CIP Budget for Fiscal Years 2020- 21 and 2021-22, which included funding the design and construction of the Project in the amount of $2,200,900. In Fiscal Years 2022-23, additional funding in the amount of $850,000 was added to the Project in order to cover increased material costs and scope planned to be added to the Project (including roof drainage modifications), bringing the total project budget to $3,050,900.

Design of the Project began in July 2021, and was recently completed in January 2023, when the Project was advertised for bids.

On February 13, 2023, a bid withdrawal letter was received from Stronger Building Services, claiming that one of their subcontractors failed to include mechanical and plumbing scope in their bid.

On February 28, 2023, a bid protest was received from the third lowest bidder, MVP Construction LLC. The bid protest was rejected and responded to accordingly by City staff.

Analysis
The City received higher bids for construction than estimated (see Procurement Process below). Staff’s review indicates that the limited bidding competition and high bids are a result of the large scope involved in the Project, unknowns related to the condition of the existing HVAC equipment on the flat portions of the roof, associated risks with the piping, ductwork, and other roof components that are at risk for damage when removed and re-installed. Based on the apparent low bid by ERC Roofing & Waterproofing, the Project has a shortfall of $2,150,000 in funding to proceed with construction (see Financial Impact section below for description of budget transfers).

Procurement Process

Page 4 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
1) Construction Contract:

The Project was advertised for construction bids as required by State law and City policy. Bids were opened on February 9, 2023, at 3:00 P.M. Three (3) bids were received in the amount ranging from $2,789,536 to $6,248,612 (base bid totals). The Engineer’s Estimate for the Basis of Award was $2,550,000.

At bid opening, Stronger Building Services of San Leandro, CA was the apparent low bidder, however, they withdrew their bid on February 13, 2023 because their bid was missing a significant scope for mechanical and plumbing work that one of their subcontractors failed to include in their bid. City Staff recommends Stronger Building Services be relieved of their bid. Thus, Commercial Waterproofing Systems dba ERC Roofing & Waterproofing of Santa Ana becomes the apparent low bidder (pending Council action). A summary of the bids, by schedule, is as follows:

Bid Schedule Design
Architect’s
Estimate
Stronger Building
Services
(WITHDREW BID)
ERC Roofing &
Waterproofing
MVP
Construction
LLC
Base Bid Total
(w/ Asphalt
Composition
Shingles)
$2,550,000 $2,789,536 $3,999,788 $6,248,612
Alternate Bid Total
(w/ Synthetic
“Wood” Shake
Shingles)
$3,203,000 $3,029,536 $4,261,838 $6,554,061
The basis of award for the Project was the total base bid (which incorporated a texturized asphalt shingle as the roofing material), with an alternate bid which would install a synthetic shake shingle material. Staff has elected to proceed with the alternate bid including the synthetic shake shingles, in order to closely mimic the historic architectural wood shake shingle material chosen originally by Kump. (See Attachment 4 for image).

ERC Roofing & Waterproofing, the apparent low bidder, submitted a responsible and responsive bid. Staff completed analysis of ERC Roofing & Waterproofing’s bid, determining that this Contractor, along with its Subcontractors possess appropriate and valid licenses, and are not on any debarred lists. ERC Roofing & Waterproofing is registered with the Department of Industrial Relations as required by SB 854.

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement (PSA) with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2429 and 2565 will be subject to the requirements of the PSA as the estimated construction costs exceeded $750,000. The prospective bidders for the Project were made aware of this requirement

Page 5 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
as part of the construction contract. ERC Roofing & Waterproofing and their subcontractors have submitted the required agreement to be bound to the Citywide PSA.
2) Construction Management RFP:

Staff issued a Request for Proposal (RFP) to select a consultant to provide construction Management and inspection services on January 17, 2023. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Two (2) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

Based on the analysis of the proposals and references, Swinerton of Concord, CA was selected as the most qualified firm to provide construction management and inspection services for the Civic Center Roof and Benches Replacement Project (Project No. 2429 and 2565). City staff and Swinerton negotiated the scope of work and cost for the services, and agreed upon a base amount of $265,664.00 as a fair and reasonable compensation for the services required in the RFP.

Financial Impact
The project budget is currently $3,050,900, consisting of Fund 401 – Measure Q, Fund 490 – Measure V, and Fund 630 – Building Maintenance.

In order to fully fund the construction contract with ERC Roofing & Waterproofing, Swinerton’s PSA for construction management and inspection services, and provide contingency to the project, City Staff is recommending transfer of $2.15 million of one- time Fiscal Year 2021-22 Measure V residual funds to the Civic Center Roof Replacement Project (City Project No. 2429).

Total FY 2021-22 Measure V revenues came in stronger than anticipated resulting in revenues exceeding expenditures by $4.1 million. $2.15 million of these one-time funds are being recommended to be transferred to the Civic Center Roof Replacement Project. Doing so to address significant backlogged infrastructure needs is consistent with the Council’s statements to the Community when it was placed before voters for approval. This transfer is also consistent with the Council’s adopted fiscal stability ordinance which limits use of residual one-time funds to one-time uses and prioritizes a number of investment options, including infrastructure investment.

Staff recommendations for the remaining $1.95 million of Measure V residual funds will be brought to Council for consideration and approval in the Mid-Year Budget update scheduled for April 4, 2023.

In addition, a budget transfer of $80,000 is required from the Civic Center Wooden Benches Project (Project No. 2565) Fund 407 - Measure V Funds to the Civic Center Roof Replacement Project, in order to fund the replacement of the benches as the bench replacements have been merged into this Project.

Page 6 of 25 ends

City Council Agenda Report
Agenda Item No. 3.i
March 28, 2023
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item 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, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Project Nos. 2429 and 2565 Bid Summary

3. Professional Services Agreement (PSA) with Swinerton with Exhibit A, Scope of Services

4. Image of Proposed Synthetic Wood Shake Shingles

Page 7 of 25 ends

ATTACHMENT 1 – PROJECT LOCATION MAP

CIVIC CENTER ROOF REPLACEMENT PROJECT
CITY PROJECT NO. 2429

COUNCIL
CHAM

BER
WING A
WING D
WING C

Page 8 of 25 ends

City of Concord
Bid Sheet
PROJECT #2429 Bid Opening:

Civic Center Roof Replacement Thursday,
February 9, 2023
3:00 p.m.

City Manager's Conference Room
Architect’s Estimate: $2,550,000 To be awarded: TBD

COMPANY TOTAL BID
Stronger Building Services
580 Harlan St.

San Leandro, CA 94577
$2,789,536
Commercial Waterproofing Systems
DBA ERC Roofing & Waterproofing
1630 Palm Street
Santa Ana, CA 92701
$3,999,788
MVP Construction LLC
2410 Saybrock Pl
Martinez, CA 94553
$6,248,612
Contact: Kevin Wheat x3422
Attachment 2

Page 9 of 25 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 March 28, 2023, between the City of Concord (“CITY”) and Swinerton Management & Consulting, 2001 Clayton Road, 6 th 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 March 28, 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 Civic Center Roof Replacement Project (City Project No. 2429) described in detail in Exhibit A, a proposal from Swinerton Management & Consulting dated January 31, 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 two-hundred ninety-two thousand two-hundred thirty dollars and forty cents ($292,230.40) for the term of this Agreement. The total includes the sum of the base contract of two-hundred sixty-five thousand six-hundred sixty-four dollars ($265,664.00) and a 10% contingency of twenty-six thousand five-hundred sixty-six dollars and forty cents ($26,566.40). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 3

Page 10 of 25 ends

2 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 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 Jefferey S.

Gee, PE, Vice President & Principal in Charge.

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,

Page 11 of 25 ends

3 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 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

Page 12 of 25 ends

4 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 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

Page 13 of 25 ends

5 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 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

Page 14 of 25 ends

6 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 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

Page 15 of 25 ends

7 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 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

Page 16 of 25 ends

8 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 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

Page 17 of 25 ends

9 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 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.

Page 18 of 25 ends

10 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 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

Page 19 of 25 ends

11 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 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: Jefferey S. Gee
2001 Clayton Rd, 6th Floor
Concord, CA 94520
Phone: (650) 483-7412

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

Page 20 of 25 ends

12 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 or account for more than one such counterpart.

27. PROJECT STABILIZATION AGREEMENT. On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

Page 21 of 25 ends

13 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 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: Jefferey S. Gee Name: Valerie Barone
Title: Vice President - Principal-in-Charge Title City Manager Address: 2001 Clayton Rd, 6 th Floor Address: 1950 Parkside Drive Concord CA, 94520 Concord, CA 94519
Telephone: (650) 483-7412 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 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $292,230.40
Account Code: 4019500C999-74500 / 4012429113-74500

Finance Director's Signature

Page 22 of 25 ends

1. Monitor Project Stabilization Agreement (PSA) 4 $888 4 $792 4 $676 4 $532 $2,888

2. Coordinate w/ Trades Council / Attend Pre-Job Meeting 2 $444 4 $792 2 $338 4 $532 $2,106

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 0 $0 4 $676 4 $532 $1,208

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 12 $2,664 24 $4,752 24 $4,056 48 $6,384 $17,856

5. Attend Meetings w/ City / Management Oversight 4 $888 4 $792 0 $0 0 $0 $1,680

6. Coordinate with other City's Adjacent Projects 4 $888 4 $792 8 $1,352 4 $532 $3,564

7. Monitor Contractor's Progress Schedule & Phasing 4 $888 4 $792 8 $1,352 8 $1,064 $4,096

8. Monitor the Project's Construction Budget 4 $888 4 $792 8 $1,352 8 $1,064 $4,096

9. Monitor the Contractor's Progress 0 $0 4 $792 16 $2,704 8 $1,064 $4,560

10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

11. Maintain Project Docs / Records per City Standards 0 $0 4 $792 4 $676 8 $1,064 $2,532

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

13. Process / Track Submittals 0 $0 8 $1,584 4 $676 10 $1,330 $3,590

14. Review Submittals (Work Plan, Traffic Control Plan, etc) 0 $0 8 $1,584 8 $1,352 10 $1,330 $4,266

15. Process / Track RFI's 0 $0 16 $3,168 8 $1,352 20 $2,660 $7,180

16. Process, Negotiate & Issue Change Orders 0 $0 4 $792 4 $676 8 $1,064 $2,532

17. Recommend Corrective Action for Unforeseen Issues 0 $0 4 $792 4 $676 4 $532 $2,000

18. Review / Resolve Notices of Potential Claims 0 $0 4 $792 4 $676 8 $1,064 $2,532

19. Prepare Contract Amendment(s), as needed 0 $0 4 $792 4 $676 4 $532 $2,000

20. Monitor Onsite Unforeseen Conditions / Make Recommendations 0 $0 4 $792 8 $1,352 4 $532 $2,676

21. Review and Process Monthly Progress Payments 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

22. Labor Compliance Field Interviews 0 $0 0 $0 0 $0 0 $0 $0

23. Review Certified Payroll Reports 0 $0 4 $792 0 $0 4 $532 $1,324

24. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 2 $396 4 $676 2 $266 $1,338

25. Compile / Maintain As-Built Record Drawings 0 $0 4 $792 8 $1,352 4 $532 $2,676

26. Perform Final Inspection & Punch Lists w/ City, Contractor & AOR 0 $0 4 $792 8 $1,352 8 $1,064 $3,208 Quality Assurance, Inspection and Material Testing

27. Provide Daily On-Site Observation / Inspection Services 0 $0 10 $1,980 240 $40,560 10 $1,330 $43,870

28. Maintain Daily Inspection Logs 0 $0 4 $792 4 $676 8 $1,064 $2,532

29. Provide Project Photo Progress Documentation 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

30. Monitor Project for Conformance with the Plans + Specs 0 $0 4 $792 24 $4,056 8 $1,064 $5,912

31. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 4 $792 4 $676 4 $532 $2,000

32. Coordinate the Materials Sampling, Testing and Special Inspection 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

33. Ensure Dust Control & Safety within the Civic Center Buildings 0 $0 4 $792 16 $2,704 8 $1,064 $4,560

34. Observe Contractor's Testing and Commissioning of HVAC Equipment 0 $0 4 $792 24 $4,056 10 $1,330 $6,178

35. Observe Testing and Commissioning of Roofing Materials 0 $0 4 $792 20 $3,380 8 $1,064 $5,236

36. Review and Monitor Contractor's On-site Safety 0 $0 4 $792 12 $2,028 8 $1,064 $3,884

37. Monitor the Quality Control / Quality Assurance Program 0 $0 4 $792 16 $2,704 8 $1,064 $4,560 CITY OF CONCORD - Civic Center Roof and Trim Replacement Project (PJ2429) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (100 Working Days Construction) Robert Addiego -
Project Executive SMC
Brett Lowther -
Sr. Construction Inspector SMC
Jeff Neuenburg -
Assistant Project Manager SMC
Bill Coletto, PE -
Sr. Project Manager SMC
Exhibit A to Attachment 3

Page 23 of 25 ends

1/31/2023
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 $222 $198 $169 $133 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task CITY OF CONCORD - Civic Center Roof and Trim Replacement Project (PJ2429) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (100 Working Days Construction) Robert Addiego -
Project Executive SMC
Brett Lowther -
Sr. Construction Inspector SMC
Jeff Neuenburg -
Assistant Project Manager SMC
Bill Coletto, PE -
Sr. Project Manager SMC
Public and Community Relations

38. Ensure Contractor Compliance with Notifications to City Staff 0 $0 8 $1,584 8 $1,352 8 $1,064 $4,000

39. Coordinate with City Staff related to Project Phasing 0 $0 8 $1,584 16 $2,704 8 $1,064 $5,352

40. Facilitate / Coordinate Utility work, as needed 0 $0 4 $792 8 $1,352 8 $1,064 $3,208

41. Coordinate with City Staff and City Consultants 0 $0 8 $1,584 16 $2,704 8 $1,064 $5,352 Post Construction Services

42. Review Close-out Documents (i.e. Record Dwgs, Warranty) 0 $0 4 $792 6 $1,014 8 $1,064 $2,870

43. Prepare Close-out Documents / Package 0 $0 4 $792 2 $338 4 $532 $1,662

44. Maintain Electronic & Hard Copy Project Files 0 $0 4 $792 2 $338 4 $532 $1,662

45. Perform Post Construction Review and Prepare Lessons Learned 2 $444 2 $396 2 $338 2 $266 $1,444

46. Prepare Final Estimate & Payment 0 $0 2 $396 2 $338 2 $266 $1,000

47. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 4 $888 4 $792 4 $676 4 $532 $2,888

48. One-year Warranty Review / Observe Repairs 4 $888 4 $792 8 $1,352 8 $1,064 $4,096 Subtotal Hours 44 236 616 358
Subtotal Cost per Consultant Individual $9,768 $46,728 $104,104 $47,614 Consultant Subtotal $208,214
Allowance for Subconsultants
Axis Building Envelope Design (ABED) $57,200 $57,200
Additional Cost-Reproduction, Photos, Misc Office Supplies $250 $250 Additional Cost-Allowance Subtotal $57,450 $57,450
GRAND TOTAL $265,664
Assumptions:

1. Allowance for Axis is $52,000 plus a 10% for insurance and Swinerton mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.

2. Allowance for Axis assumes weekly roof observations and daily inspections, as needed. (Level of effort is estimated at 10-12 hours/week.)

3. City to provide code compliance Building Department inspections. The City Inspector shall provide sign-off of the permit card at each inspection.

4. The cost above does not include performing any Night Work.

5. The Cost Estimate is based on awarding all roofing work per the Bid Schedule.

6. The Cost Estimate is based on the Sr. PM and Asst PM being available for approximately 25 hours per week (combined) during the Construction phase.

7. The Cost Estimate is based on the Construction Inspector being available for approximately 30 hours per week during the Construction phase.

8. The Cost Estimate is a not-to-exceed amount based on 100 work days of Field Construction and the construction phase taking place in the Spring and Summer of 2023.

Page 24 of 25 ends

IMAGE OF PROPOSED SYNTHETIC WOOD SHAKE SHINGLES
Attachment 4

Page 25 of 25 ends

Concord City CouncilMarch 28, 2023

Concord City Council
March 28, 2023