Agenda packet — Concord City Council, April 4, 2023 (part 1 of 3)

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse Authority
Tuesday,
April 4, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/82911654346?pwd=b0dpTkJSMzN5Yjljd3lSc2pIOHFZdz 09 or Zoom Webinar ID: 829 1165 4346 and Passcode: 538590 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Obringer

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

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

3. PRESENTATIONS
a. Presentation – to Bill Bobetsky, Concord Rotary, proclaiming April 8, 2023, as "Arbor Day" in the City of Concord. Presentation by Mayor Hoffmeister.

4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the January 24, 2023 meeting.

Recommended by the City Clerk.
b. Considering – adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact) Recommended by the Director of Public Works.

CEQA: Not a project and/or exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3). c. Considering – appointment of applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community 4 Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2025; and Angie Rajczyk and Merrillin Ruiz to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura). Recommended by the City Clerk. d. Considering – the following:

1. Approval of a Professional Services Agreement with Bellecci & Associates, Inc. in the not-to-exceed amount of $846,261.90 (base agreement of $769,329 plus Staff authority to spend up to a 10% contingency of $76,932.90) for design engineering and related services for Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452), on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit Avenue; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (OBAG 3 Grant, Measure V Funds, Measure Q Funds, and State Gas Tax Funds).

2. Approval of a budget transfer in the total amount of $400,000 to Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452) from Monument Boulevard Pavement Rehabilitation (Project No. 2581), Fund 407. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, 15378, and/or 15061(b)(3). e. Considering – the following for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) on Treat Boulevard, from Walnut Creek city limits to San Miguel Road:

1. Award of a construction contract in the amount of $7,113,715 to Bay Cities Paving & Grading, Inc. for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with MNS Engineers, Inc., in the not-to-exceed amount of $766,024.24 (base agreement of $696,385.67 plus staff authority to spend up to a 10% contingency of $69,638.57) to provide construction management, inspection, and materials testing services for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
5 3. Approval of a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407).

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 1), and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

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.
f. Considering – certification of the final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance Checklist for receipt of Fiscal Years 2021-22 and 2022-23 Local Street Maintenance and Improvement Funds and authorizing the Mayor to sign the Compliance Checklist. Recommended by the Deputy Director of Public Works – Transportation.

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

CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
g. Considering – an amendment to the Professional Services Agreement with ALH Urban & Regional Economics in the amount of $30,000 for work drafting a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $70,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Original contract $40,000 from Exclusive Negotiating Agreement (ENA) deposit to the LRA by Concord First Partners, LLC; this amendment $30,000 from LRA Loan Reserve (General Fund). Recommended by the Director of Economic Development and Base Reuse.

CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273,and/or 15378. h. Considering – an amendment to the contract with Guardian Security Agency in the amount of $30,000 for increased services and coverage; establishing a new not-to-exceed amount of $269,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funding will be provided by GoMentum Station, and the LRA Loan Reserve (General Fund.)) Recommended by the Director of Economic Development and Base Reuse.
6 CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378. i. Considering – an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $116,128.70 for work completed in drafting the Term Sheet related to the Master Developer Selection process at the former Concord Naval Weapons Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $176,128.70; and authorizing the City Attorney to execute the amendment. (Original contract $60,000 from Exclusive Negotiating Agreement (ENA) Deposit to the LRA by Concord First Partners, LLC; this amendment $66,128.70 from ENA Deposit and $50,000 LRA Loan Reserve (General Fund). Recommended by the Director of Economic Development and Base Reuse.

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

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – the following:

1. Adoption of a Resolution Amending the Fiscal Year 2022-23 Municipal Budget.

2. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective January 9, 2023, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.

3. Adoption of a Resolution Authorizing the City Manager to Over-hire Critical Budgeted Positions.

4. Approve New Payroll Technician I and Payroll Technician II Classifications.

Report by Donna Lee, Budget and Treasury Officer.

CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15273, 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).

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

7. REPORTS AND ANNOUNCEMENTS
7 Closed Session Announcements
City Manager or Staff Reports
Council Reports
a. Report out by Councilmember Aliano on the National League of Cities Congressional City Conference held March 26-28, 2023.
b. Report out by Councilmember Obringer on the National League of Cities Congressional City Conference held March 26-28, 2023.

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/11/2023 6:30 PM

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

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

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 24, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 5:30 p.m. on Tuesday, January 24, 2023, with Vice Mayor Birsan presiding. Mayor Hoffmeister and Councilmember Aliano were absent. Vice Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore, Employee organizations:

Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29.

The meeting recessed at 6:23 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 24, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Vice Mayor Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
COUNCILMEMBERS ABSENT: Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Carlton Thompson, City Engineer; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Leng Power, Community Services Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ady Olvera; Hope Johnson, Concord

PUBLIC COMMENT PERIOD
Ady Olvera commented on a post she saw on NextDoor about community members finding a knife at Matteo’s Dream playground.

Hope Johnson, Concord, commented on Council questions on the Housing Element Item on the last meeting agenda, and requested that the Council ask questions on the proposed Naval Weapons Station Master Developer Term Sheet.

4.a

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City Council Minutes January 24, 2023
2 CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – BKF Engineers A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with BKF Engineers in the not-to-exceed amount of $670,450 (base agreement of $609,500 plus Staff authority to spend up to a 10% contingency of $60,950) for design engineering and related services for Clayton Road Pavement Rehabilitation (Project No. 2609), on Clayton Road from Maynard Street to the City limits at the City of Clayton; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:

AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT – Fiscal Year Ending June 30, 2022
A motion was made by Birsan and seconded by Obringer to accept the Annual Comprehensive Financial Report with the Independent Auditors' Report and Required Communications Letter for the Fiscal Year Ending June 30, 2022. The motion passed by the following vote:

AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano AWARD OF A CONSTRUCTION CONTRACT TO BAY PACIFIC PIPELINES, INC. AND APPROVAL OF A TASK ORDER WITH GHIRARDELLI ASSOCIATES – Whitman Road Sanitary Sewer Improvements Project (Project No. 2513)
A motion was made by Birsan and seconded by Obringer to approve the following for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513):

1. Award of a construction contract in the amount of $1,539,953.50 to Bay Pacific Pipelines, Inc. for the Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) on Whitman Road from Oak Grove Road to Gaylord Place; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a task order with Ghirardelli Associates in the amount of $231,087.33 (base agreement of $210,079.39 plus staff authority to spend up to a 10% contingency of $21,007.94) to provide construction management, inspection, and materials testing services for the Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) on Whitman Road from Oak Grove Road to Gaylord Place; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by the following vote:

AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES – Bellecci & Associates, Inc.

A motion was made by Birsan and seconded by Obringer to approve an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $118,243.40 (base agreement of $107,494 plus staff authority to spend up to a 10% contingency of $10,749.40) to provide design engineering and related services for Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road; and authorizing the City

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City Council Minutes January 24, 2023
3 Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:

AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF RESOLUTION NO. 23-3 – Amending Resolution No. 22-77 A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-3 entitled, “A Resolution Amending Resolution No. 22-77, A Resolution Establishing a Homeless Strategic Plan Working Group, by Removing the Concord Residency Requirement for the Business Community Representative.” The motion passed by the following vote:

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

CITY COUNCIL CONSIDERATION ITEM

CONSIDERING INTERVIEW QUESTIONS, INTERVIEW APPLICANTS, SELECT AND VOTE ON APPLICANTS, AND APPOINT TWO COUNCILMEMBERS TO SERVE AS CHAIR AND VICE CHAIR – Homeless Strategic Plan Working Group
City Clerk Joelle Fockler presented the staff report, explaining that the Council was being requested to consider interview questions; interview applicants to fill four seats on the Homeless Strategic Plan Working Group for the following categories: Concord Resident and Property Owner, Nonprofit Homeless Services Provider, Lived Experience Representative, and Veterans Homeless Services Provider; select and vote on the applicants; and appoint two Councilmembers to serve as Chair and Vice Chair for the Homeless Strategic Plan Working Group.

City Clerk Fockler reported that one of the applicants for the Concord Resident and Property Owner representative, Desiree McDonagh, withdrew her application, so the Council had the choice of interviewing the other applicant, Lance Goree, who was in attendance, select another candidate to interview on February 7, and hold that interview for the position on February 14 along with the other categories, or pause the resident/property owner interview for both applicants, select another candidate on February 7, and hold interviews on February 14.

It was the consensus of the Council to select a second candidate to interview for the Concord Resident and Property Owner representative on February 7 and hold the interviews for the Concord Resident and Property Owner representative on February 14.

The City Council reviewed the proposed interview questions and determined the interview questions as follows:

1. What aspects of underserved populations are you passionate about, and why? (Nakamura)

2. What does the term “unsheltered” mean to you? What do you think are the key reasons that people face housing instability and cause homelessness? (Obringer)

3. Please describe the experiences, background, and perspective that you bring that would be helpful in the development of the Homeless Strategic Plan as it relates to the category you are interviewing for. (Hoffmeister)

4. Please describe any services that you have seen that you believe exemplifies the types of services that the City should be offering to unsheltered persons. (Birsan) a. Is there anything that you identify that isn’t working?

5. The role of the Working Group is envisioned to serve as a temporary advising body to the City Council, the consulting team, and City staff for a draft Homeless Strategic Plan. What are your thoughts on this structure? (Hoffmeister)

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City Council Minutes January 24, 2023
4 Mayor Hoffmeister opened a public comment period.

Hope Johnson, Concord, commented that the Working Group should be thinking about how to present the issues of what causes homelessness to the public.

Ady spoke in favor of appointing Linda Jacob as the Concord Resident and Property Owner representative and Birsan and Nakamura as the Council representatives to the Working Group.

Mayor Hoffmeister closed the public comment period.

Mayor Hoffmeister recessed the meeting at 7:30 p.m. The meeting resumed at 7:41 p.m.

Interviews were held and appointments discussed by the City Council.

Mayor Hoffmeister recessed the meeting at 8:56 p.m. The meeting resumed at 9:05 p.m.

A motion was made by Birsan and seconded by Nakamura to appoint the following people to the Homeless Strategic Plan Working Group:

Kelly McKinley – Nonprofit Homeless Services Provider Representative Brandi Martinez – Lived Experience Representative
Leonard Ramirez – Veterans Homeless Services Provider Representative The motion passed by the following vote:

AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano Following City Council discussion, Councilmember Nakamura and Councilmember Birsan were identified to serve on the Homeless Strategic Plan Working Group.

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

A motion was made by Hoffmeister and seconded by Birsan to appoint Councilmember Nakamura as Chair and Councilmember Birsan as Vice Chair of the Homeless Strategic Plan Working Group. The motion passed by the following vote of the Council:

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

COUNCIL REPORTS
Councilmember Nakamura and Mayor Hoffmeister reported out on their attendance to the League of California Cities 2023 New Mayors and Councilmembers Academy held January 18 – 20, 2023, explaining that it was three days of educational content and networking.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
2023 COUNCILMEMBER APPOINTMENTS ON COUNCIL COMMITTEES AND REGIONAL BODIES

AND BOARDS OF VARIOUS EXTERNAL ORGANIZATIONS
Mayor Hoffmeister proposed appointments to the Council committees and regional bodies and boards of external organizations for 2023 as follows:

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City Council Minutes January 24, 2023
5 ORGANIZATION MEETING SCHEDULE MEMBER
SECOND

MEMBER OR

ALTERNATE
Association of Bay Area Governments
(ABAG) General Assembly
The General Assembly must be held by
April 1 of each year, the Spring Meeting
is usually held in March, and the Fall
General Assembly is held in October or
November.

Nakamura Aliano
Central Contra Costa Transit
Authority (The County Connection)
3rd Thursday of each month, 9 a.m. Hoffmeister Nakamura East Bay Division of League of CA
Cities
3rd Thursday of each month, 6 p.m. Aliano Birsan
Transportation Partnership and
Cooperation Regional Committee
(TRANSPAC)
2nd Thursday of each month, 9 a.m.

Obringer Hoffmeister
Marin Clean Energy Board 3rd Thursday of the month, 7 p.m. quarterly or as needed Birsan Nakamura
Contra Costa Mayors Conference 1st Thursday of the month, 6:30 p.m. Hoffmeister Birsan Green Empowerment Zone TBD Nakamura Obringer
Innovate 680 PAC Obringer Hoffmeister
Mayor Hoffmeister announced the existing appointments made by the Mayors Conference to serve on regional bodies as follows:

Mayors Conference Appointments Appointee Term Expires
Local Agency Formation
Commission Mayors Conference Birsan
(Alternate) 5/4/23
Hazardous Materials
Commission Mayors Conference Birsan
(Alternate) 12/31/23
East Bay Regional Parks
District Advisory Commission Mayors Conference Obringer 12/31/24 East Bay Economic
Development Alliance
Executive Committee
Mayors Conference Obringer 6/30/23

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City Council Minutes January 24, 2023
6 APPOINTEES

CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Hoffmeister Birsan Housing and Economic Development Aliano Obringer
Infrastructure and Franchise Obringer Hoffmeister
Recreation, Cultural Affairs & Community Services Birsan Nakamura Youth and Education Nakamura Aliano
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Hoffmeister and seconded by Birsan to confirm the 2023 appointments to the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member as recommended by Mayor Hoffmeister. The motion passed by the following vote of the Council:

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 24, 2023, at 9:35 p.m. in memory of the lives lost from recent gun violence in Monterey Park, Half Moon Bay, and Oakland.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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Staff Report
Date: April 4, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact)

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

Report in Brief
The City of Pleasant Hill’s Landscaping and Lighting District #20 includes commercial properties that are within the incorporated area of the City of Concord. Annually, the City of Concord considers the inclusion of these areas within Pleasant Hill’s Landscaping and Lighting Assessment District #20.

Recommended Action
Adopt a Resolution Approving the Request of the City of Pleasant Hill to Allow Sunvalley Mall and Certain Other City of Concord Commercial Properties to be included in the Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting.

4.b4.b4.b4.b4.b4.b

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City Council Agenda Report
Agenda Item No. 4.b
April 4, 2023
Background
The City of Pleasant Hill has approved certain Landscaping and Lighting Assessment Districts within the City of Concord since 1988, as authorized by the Landscaping and Lighting Act of 1972. Since Pleasant Hill Assessment District #20 includes properties within the City of Concord, the inclusion of these properties in the District requires the consent of the City of Concord in accordance with Landscaping and Lighting Act of 1972 (California Streets and Highway Code §§22500-22679).

Analysis
The City of Concord has annually reaffirmed its consent for the City of Pleasant Hill to include 17 parcels (Exhibit A to Attachment 2) within the City of Concord in Pleasant Hill’s Landscaping and Lighting District #20. The owners of Concord properties in the District have expressed no opposition. The City of Pleasant Hill approved Resolution No. 10-22 (Attachment 3) requesting the City of Concord’s consent to the ordering of improvements and assessments of costs for benefited properties in Assessment District #20. These improvements are generally described as the installation, servicing and maintenance of public landscaping and street lighting within the territory of the district, primarily Contra Costa Boulevard.

Financial Impact
Adoption of this resolution consenting to the City of Pleasant Hill’s request to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20 will have no fiscal impact on the City of Concord.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 4.b
April 4, 2023
Attachments

1. Resolution – Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting
Exhibit A: List of parcels in Assessment District No. 20

2. City of Pleasant Hill Resolution No. 6-23
Exhibit A: List of parcels in Assessment District No. 20

3. Pleasant Hill Assessment District No. 20 Boundary Map

Page 3 of 14 ends

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Request of the
City of Pleasant Hill to Allow Sunvalley Mall
and Certain Other City of Concord Commercial
Properties to be Included in Pleasant Hill
Landscaping and Lighting Assessment District #20,
Commercial Area Landscaping and Lighting Resolution No. 23-XX /
WHEREAS, on July 5, 1988, by Resolution 88-99 the City of Concord authorized the City of Pleasant Hill to include portions of the City of Concord in Assessment District #20, Commercial Area Landscaping and Lighting; and
WHEREAS, it is necessary for the City of Pleasant Hill to levy the annual assessment for this commercial landscaping and lighting district in accordance with the California Streets and Highways Code §22500; and
WHEREAS, it is necessary for the City of Concord to authorize the City of Pleasant Hill to include portions of the City of Concord previously included in this landscaping and lighting district for purposes of the annual levy.

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

Section 1. The foregoing recitals are incorporated by reference.

Section 2. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual Attachment 1

Page 4 of 14 ends

Res No. 23-XX 2
circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. The City Council consents to exercise of jurisdiction by the City of Pleasant Hill for the annual levy of assessments in Assessment District #20, Commercial Area Landscaping and Lighting, for Sunvalley Mall and certain other commercial properties located within the City of Concord, identified in Exhibit A to this resolution.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 4, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers –
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 4, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – List of Parcels in Assessment District No. 20

Page 5 of 14 ends

EXHIBIT "A"

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 20
(COMMERCIAL AREA LANDSCAPE AND LIGHTING)
FISCAL YEAR 2022/2023

TERRITORY WITHIN THE CITY OF CONCORD

PARCEL SITUS
127-032-035-9 1130 CONTRA COSTA BLVD
127-032-038-3 1212 CONTRA COSTA BL VD
127-032-039-1 1200 CONTRA COSTA BL VD
127-032-042-5 1000 SUN VALLEY BL VD
127-032-043-3 1050 CONTRA COST A BL VD
127-032-044-1 1090 CONTRA COSTA BL VD
127-032-045-8 1100 CONTRA COSTA BLVD
127-032-046-6 1150 CONTRA COSTA BLVD
15 3-23 0-007-4 715 CONTRA COST A BL VD
153-230-021-5 410 SUN VALLEY MALL
153-230-022-3 1053 SUN VALLEY BL VD
153-230-023-1 901 SUNV ALLEY BL VD
l 53-230-024-9 CONTRA COSTA BL VD
153-230-025-6 1001 SUN VALLEY BL VD
153-250-003-8 625 CONTRA COSTA BL VD
153-250-008-7 627 CONTRA COSTA BLVD
153-250-009-5 605 CONTRA COSTA BL VD
Exhibit A to Attachment 1

Page 6 of 14 ends

RESOLUTION NO. 6-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

REQUESTING CONSENT FROM THE CITY OF CONCORD FOR ORDERING OF

IMPROVEMENTS AND ASSESSMENTS OF COSTS FOR BENEFITED PROPERTY IN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING) WHEREAS, the City Council has conducted proceedings for Assessm ent District No. 20 (the "District") and by Resolution No. 75-88 adopted August 1, 1988, ordered improvements generally described as installa tion, servicing and maintenance of public landscape and street lighting within the territory shown on the boundary map of the District, and levied assessments for improvements beginning with the fiscal year 1988/1989 and in ea ch fiscal year thereafter, all pursuant to the Landscape and L ighting Act of 1972, Section 225 00, and following, of the California Streets and Highways Code (the "Act"); and
WHEREAS, by its Resolution No. 5-23, the Council has directed t he filing of an Annual Report for the District for Fiscal Year 2023/2024. A map of the boundaries of the District is on file in the office of the City Clerk and reference is hereby made to such map for further particulars; and
WHEREAS, the proposed assessments will be imposed exclusively t o finance the installation, servicing and maintenance of public landscape and street lighting; and WHEREAS, the improvements to be made are of such a character th at they will directly and particularly affect property not only within the boundaries of the City of Pleasant Hill, but also incorporated territory within the City of Concord described on Exhibit A, and the purposes sought to be accomplished can best be accomplished by a single comprehensive scheme of work.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pleasant Hill that:

1. The public interest, convenience and necessity will be serv ed by the making of improvements and the levying of assessments.

2. Request is hereby made of the City Council of the City of Concord, being the legislative body having jurisdiction over incorporated territory in which a portion of the improvements are to be made and the assessments are to be levied, to grant to this Council its consent, expressed by resolution, to the ordering of the improvements, and to the ass essment of the costs thereof upon the property benefited, and the assumption of jurisdiction for the said purposes, and to the making of such changes and modifications as may be proper or advisable in the manner provided by law.

3. The City Clerk is directed to file with the City Clerk of the City of Concord a certified copy of this resolution, together with a copy of the form of Re solution of Intention (Form) and a copy of the boundary map.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 6
th day of February, 2023, by the following vote:

Attachment 2

Page 7 of 14 ends

AYES: Noack, Rinn, Shess, Flaherty
NOES: None
ABSENT: None
ABSTAIN: None
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

Page 8 of 14 ends

EXHIBIT “A”
TO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

REQUESTING CONSENT FROM THE CITY OF CONCORD FOR ORDERING OF

IMPROVEMENTS AND ASSESSMENTS OF COSTS FOR BENEFITED PROPERTY IN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING)

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 20
(COMMERCIAL AREA LANDSCAPE AND LIGHTING)
FISCAL YEAR 2023/2024

TERRITORY WITHIN THE CITY OF CONCORD

PARCEL SITUS
127-032-035-9 1130 CONTRA COSTA BLVD
127-032-038-3 1212 CONTRA COSTA BLVD
127-032-039-1 1200 CONTRA COSTA BLVD
127-032-042-5 1000 SUN VALLEY BLVD
127-032-043-3 1050 CONTRA COSTA BLVD
127-032-044-1 1090 CONTRA COSTA BLVD
127-032-045-8 1100 CONTRA COSTA BLVD
127-032-046-6 1150 CONTRA COSTA BLVD
153-230-007-4 715 CONTRA COSTA BLVD
153-230-021-5 410 SUN VALLEY MALL
153-230-022-3 1053 SUN VALLEY BLVD
153-230-023-1 901 SUNVALLEY BLVD
153-230-024-9 CONTRA COSTA BLVD
153-230-025-6 1001 SUN VALLEY BLVD
153-250-003-8 625 CONTRA COSTA BLVD
153-250-008-7 627 CONTRA COSTA BLVD
153-250-009-5 605 CONTRA COSTA BLVD
Exhibit A to Attachment 2

Page 9 of 14 ends

RESOLUTION NO. __-23
(FORM)

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT

HILL TO ORDER IMPROVEMENTS, LEVY ASSESSMENTS AND PROVIDE FOR HEARING AND NOTICE IN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING) FISCAL YEAR 2023/2024

WHEREAS, on February 6, 2023, the City Council adopted Resoluti on No. ___-23, a Resolution directing preparation and filing of the Fiscal Year (FY) 2023/2024 Annual Report for maintenance of Assessment District No. 20 (Commercial Area Landscape and Lighting) (AD 20); and

WHEREAS, pursuant to this Reso lution, the City directed Harris & Associates, Inc. as Engineer of Work for AD 20 to prepare a report in accordance wi th Section 22565 et seq., of the California Streets and Highways Code (the "Report"); and

WHEREAS, the Report has been made, filed with the City Clerk an d duly considered by the City Council; and

WHEREAS, it is the intention of the City Council to levy and co llect assessments within the District for FY 2023/2024 in order to accomplish the instal lation, servicing and maintenance of public landscape and street lighting as described in Exhibit A, which is incorporated by this reference and made a part of this resolution; and

WHEREAS, substantial changes in improvements that will begin i n FY 2022/2023 in Zone 1 (paid from non-Assessment District funds) include: installing landscaping, shifting landscape water from domestic to recycled, replacing existing cobra-head lights with new, ornamental median and pedestrian lights, and adding a signal at Contra Cos ta Boulevard and Alan Drive, for which maintenance costs funded by Zone 1 will increase in FY 2023/2024; and

WHEREAS, no new or substantial changes in improvements are pro posed to be made in the FY 2023/2024 in Zones 2, 3, 4, 5, and 6; and

WHEREAS, the individual assessments for FY 2023/2024 in Zones 1, 2, 3, 4, and 5 are not proposed to increase beyond the approved assessment range from the previous year; and

WHEREAS, the assessment rate for Zone 6 is proposed to be increased by the annual CPI of ___%, which is within the approved assessment range for the Zone and does not constitute an “increased assessment;” and

WHEREAS, the proposed assessments in all of AD 20 will be impos ed exclusively to finance the maintenance costs and operation expenses of sidewalks and streets; and

WHEREAS, the District consists of the lots and parcels shown on the assessment diagram of AD 20 on file with the City Clerk of the City and reference is hereby made to such diagram for further particulars; and

Page 10 of 14 ends

WHEREAS, reference is hereby made to the report for a full and detailed description of the improvements, the boundaries of the AD 20 and the proposed assessments upon assessable lots and parcels of land within AD 20.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:

1. The Report is hereby deemed sufficient and preliminarily approv ed and the Report shall stand as the Engineer's Report for all subsequent proceedings u nder and pursuant to this Resolution.

2. It is the intent of the City Council to levy and collect assess ments within Assessment District No. 20 to accomplish the installation, service, and maintenance of public landscape and street lighting as described in Exhibit A.

3. Notice is hereby given that on ________________, at 7:00 p.m ., the City Council will hold a public hearing at its regular meeting place at 100 Gregory Lane, Pleasant Hill, California, on the question of ordering of the proposed improvements and the levying of the proposed assessments for FY 2023/2024 that begins on July 1, 2023. Prior to the conclusion of the hearing, any interested person may be afforded the opportunity to “hear and be heard” or may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall s tate all grounds of objection.

A protest by a property owner shall contain a description sufficient to identify the property owned by such owner.

3. The City Clerk is directed to give notice of the public hearing by publishing this Resolution in accordance with Section 6061 of the Government Code.

ADOPTED by the City Council of t he City of Pleasant Hill at a regular meeting of the Council held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________________
TIMOTHY M. FLAHERTY, Mayor

ATTEST:

DANIELLE K. NAVARRO, City Clerk

Page 11 of 14 ends

EXHIBIT A
TO

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT

HILL TO ORDER IMPROVEMENTS, LEVY ASSESSMENTS AND PROVIDE FOR

HEARING AND NOTICE

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 20
(COMMERCIAL LANDSCAPING AND LIGHTING)
2023/2024 FISCAL YEAR

DESCRIPTION OF IMPROVEMENT

The installation, service, and maintenance of public landscape, and street lighting within the boundaries of Assessment District No. 20 (AD 20).

Substantial changes in improvements that will begin in FY 2022/2023 in Zone 1 (to be paid from non-Assessment District funds) include: installing landscaping, shifting landscape water from domestic to recycled, replacing existing cobra-head lights with new, ornamental median and pedestrian lights, and adding a si gnal at Contra Costa Boulevar d and Alan Drive, for which maintenance costs funded by Zone 1 will increase in FY 2023/2024.

No other improvements are planned for the FY 2023/2024 fiscal year.

Page 12 of 14 ends

Engineer’s Report
Assessment District No. 20
City of Pleasant Hill Fiscal
Year 2023/24

DISTRICT ASSESSMENT DIAGRAM
Attachment 3

Page 13 of 14 ends

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Benched Map of Levied Properties
Agenda Item No. 4.b
April 4, 2023

Page 14 of 14 ends

Staff Report
Date: April 4, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering appointment of applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach
Committee for the remainder of a four-year term ending
February 28, 2025; and Angie Rajczyk and Merrillin Ruiz to the Concord Pavilion Community Outreach Committee for four- year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and
Community Services (Aliano/Nakamura).

Report in Brief
Consider appointment of applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2025; and Angie Rajczyk and Merrillin Ruiz to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura).

4.c4.c4.c4.c4.c

Page 1 of 56 ends

City Council Agenda Report
Agenda Item No. 4.c
April 4, 2023
Recommended Action
Appoint applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2025; and Angie Rajczyk and Merrillin Ruiz to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura).

Background
In accordance with Policy and Procedure No. 89, openings on Concord’s Commission on Aging, Concord’s Community Services Commission, and the Concord Pavilion Community Outreach Committee were announced on December 13, 2022. Applications were due to the City Clerk’s Office on Friday, January 20, 2023, at 5 p.m. When seated incumbents did not submit an application by the application deadline, the application period was extended by five (5) working days. The extended submittal deadline, Friday, January 27, 2023, was posted on the City's website, and the incumbents were notified of the application extension.

Commission on Aging
The Commission on Aging is made up of up to eleven (11) members serving four (4) year terms. Members must be a resident of Concord holding no other municipal office in the City of Concord. At least 51% of the members shall be over the age of 60. Examples of duties include: identify, improve, and develop services and opportunities for senior citizens in Concord; act as a resource to all City boards and commissions on issues affecting seniors; serve on the Contra Costa Advisory Council of Aging subcommittees to identify the unmet needs of senior citizens and evaluate the effectiveness of existing programs and laws; develop an annual work program, and establishing short- and long- term goals in order of priority.

The Commission is seeking three (3) individuals willing to serve the remainder of a four- year term ending June 30, 2023, and two (2) individuals willing to serve the remainder of a four-year term ending June 30, 2025. A total of two (2) applications were received, and the two (2) applicants qualified to be interviewed included: Carlos Balladares and Janice Cameron. 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 Carlos Balladares and Janice Cameron to the Concord Commission on Aging to serve the remainder of four-year terms ending June 30, 2025.

Page 2 of 56 ends

City Council Agenda Report
Agenda Item No. 4.c
April 4, 2023
Community Services Commission
The Community Services Commission may consist of up to seven (7) members serving four (4) year terms. Members are required to identify housing, neighborhood and social needs within the community and review funding requests, advise the City Council on the allocation of General Fund monies for human services and the expenditure of Federal Community Development Block Grant monies for programs and projects, and monitor the performance of funded programs. All members must be residents of Concord or of Concord's sphere of influence who hold no other municipal office in the City of Concord and shall be representative of the general public and the religious, racial, age, sex, disabled and ethnic groups in the City of Concord.

The City's Conflict of Interest Code requires the Community Services Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

The Commission is seeking one (1) individual willing to serve the remainder of a four- year term ending June 30, 2025. A total of three (3) applications were received, and the three (3) applicants qualified to be interviewed included: Elianna Campos, Luz E.

Palomera Sierra, and Stephen Sticka. 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 2.

The Council Committee on Recreation, Cultural Affairs, and Community Services recommend the appointment of Stephen Sticka to the Concord Community Services Commission to serve the remainder of a four-year term ending June 30, 2025.

Concord Pavilion Community Outreach Committee
The Concord Pavilion Community Outreach Committee consists of five (5) members holding four-year terms, and is comprised as follows: four (4) members appointed by the Concord City Council (City members) and one (1) member appointed by the Manager of the Pavilion (Live Nation) (Manager member). The Committee shall provide guidance to the Pavilion General Manager on outreach efforts to attract applications from local schools, cultural organizations and the community to bring additional community events to the Pavilion in order to expand the use of the venue beyond the concert season. The Committee will assist the Pavilion General Manager in identifying potential community events, but will not have authority to approve or disapprove event applications. The Committee will be responsible for assigning a Committee member to take notes of Committee meetings and complete a record of annotated minutes. The Committee shall determine the frequency of its meetings, which shall not be more than once per quarter and will not conflict with Pavilion events.

The Committee is seeking two (2) individuals willing to serve a four-year term ending February 28, 2027, and one (1) individual willing to serve the remainder of a four-year term ending February 28, 2025. A total of four (4) applications were received, including

Page 3 of 56 ends

City Council Agenda Report
Agenda Item No. 4.c
April 4, 2023
incumbent Angie Rajczyk. Incumbent Assaf Barnir did not apply by the application deadline, and the application period was extended to Friday, January 27, 2023. The four (4) applicants qualified to be interviewed included: Stewart Kennon, Lance Ledrew, Angie Rajczyk, and Merrilln Ruiz. 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 3.

The Council Committee on Recreation, Cultural Affairs, and Community Services recommend the appointment of Lance Ledrew to the Concord Pavilion Community Outreach Committee to serve the remainder of a four-year term ending February 28, 2025, and Angie Rajczyk and Merrillin Ruiz to serve four-year terms ending February 28, 2027.

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

Attachments

1. Commission on Aging Applicant Summary

2. Community Services Commission Applicant Summary

3. Concord Pavilion Community Outreach Committee Applicant Summary

4. Applications

Page 4 of 56 ends

Commission on Aging
Applicant Summary
March 21, 2023
Applicant
Carlos Balladares
Janice Cameron
Attachment 1

Page 5 of 56 ends

Community Services Commission
Applicant Summary
March 21, 2023
Applicant
Elianna Campos
~ Luz E. Palomera Sierra
Stephen Sticka
~ Applied for multiple Boards
Attachment 2

Page 6 of 56 ends

Concord Pavilion Community Outreach Committee
Applicant Summary
March 21, 2023
Applicant
Stewart Kennon - Application Withdrawn 3/1/2023
Lance Ledrew
*Angie Rajczyk
Merrilln Ruiz
*Incumbent
Attachment 3

Page 7 of 56 ends

Submit Date: Dec 18, 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:
10 Number of years in Concord:
20 Number of years in the county:
25 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Commission on Aging: Submitted
Carlos Balladares
City & County of SF Department
of Public Health Compliance Manager Compliance Officer (Retired) Carlos Balladares
Attachment 4

Page 8 of 56 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.

Parks & Recreation Commision Commission On Aging
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Question applies to Commission on Aging
The City of Concord Municipal Code, Chapter 2.20, Article III, Section 2.20.090 requires that at least 51 percent of the membership of the Commission on Aging shall be over the age of 60 years. Are you over the age of 60 years?
Yes No
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 want to actively serve my community. I have two grandsons and several young nephews and nieces that are very active in sports in Concord. I would like to contribute my service to ensure that our parks and recreation facilities continue to be well maintained and safe for our community, particularly for our youth and seniors.

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 previously served as member of the Community Service Commision. I was a board member of Bay Area American Red Cross and served in many community boards while employed by the City & County of San Francisco.Carlos Balladares

Page 9 of 56 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:

I am a Certified member of the Community Emergency Response Team since 2019.. I have completed the Concord Citizen Police Academy,
Why would you like to participate in the Concord Community Academy? Yes I would.

How did you hear about the Concord Community Academy?
Other
Education and Training
High School
La Salle Leon Nicaragua
College
University Autonoma of Nicaragua
Technicial/Vocational Training
Center for Disease Control -Disease Control Investigator training Certification or Other
Epidemiology I & II Certificates
TERMS OF ACCEPTANCE and SIGNATURE
Carlos Balladares

Page 10 of 56 ends

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 Carlos Balladares
Carlos Balladares

Page 11 of 56 ends

Submit Date: Jan 03, 2023
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:
1777 Danesta Dr 25
Number of years in Concord:
64 Number of years in the county:
64 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Commission on Aging: Submitted
Janice Cameron
None Surgery scheduler Healthcare
Janice Cameron

Page 12 of 56 ends

Commission on aging
Question applies to Commission on Aging
The City of Concord Municipal Code, Chapter 2.20, Article III, Section 2.20.090 requires that at least 51 percent of the membership of the Commission on Aging shall be over the age of 60 years. Are you over the age of 60 years?
Yes No
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 was born and raised in Concord. I feel the needs of long term residents are being overlooked.

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 was the homeowner president of my Mobile home park for 2 or 3 years. I was able to improve the water pressure going into the park. I also instituted a yard improvement program with prizes and incentives to keep the yards attractive
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:

I have been in Manegment positions in various health care settings. Prior to healthcare I was a self employed Cosmologist for a few years.

Janice Cameron

Page 13 of 56 ends

Upload a Resume
Why would you like to participate in the Concord Community Academy? Instead of complaining. I'd like to help make some positive changes.

How did you hear about the Concord Community Academy?
Next Door
Education and Training
High School
Concord High School
College
Technicial/Vocational Training
Paris Beauty College Med Help Training School
Certification or Other
License in Cosmetology
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 *
Janice Cameron

Page 14 of 56 ends

Electronic Signature - Please type your First and Last Name Janice Cameron
Janice Cameron

Page 15 of 56 ends

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Elianna Isabel Campos
4125 Salem Street Concord, Ca 94521
925-207-3677
Email: [email protected]
I have been a provider of family Child Care in the city of Concord, California for 15 years. I am a mother of two grown professional daughters in the field of Social Work and Family Therapy. I am pursuing my associates in early education, with 53 units completed and in the works of obtaining my bachelors in the near future. My greatest strengths are my experience, my perseverance in anything I put my mind to do. I am a leader and can take on tasks. As I can work together as a teamplayer in any setting.

Experiences:

July 2008- present Owner/ Director of TenderLoving Family Child Care preschool ● Provide early education implementing the reggio Emilia and academic teaching to children 0-5 years old.
● I incorporate early childhood learning, homemade organic nutritional meals. Children graduate from my program ready for kindergarten
● I am part of the QIS, ASQ’s ASQe’s for children.

Sept.2004-2008 Billing and Front Desk Supervisor for the Reproductive Science Center of San Francisco .
● I organized and overlooked the front desk and billing and copays of families trying to form families while doing IVF and infertility treatments of their family
● I overlooked the appointments, greetings and the smooth transition and experience of couples in moments of infertility.

April 2000-2004 Supervisor and manager of the billing and collections dept.of the Air ambulance company in the city of Hayward.
● Collected and managed the accounts receivables of the emergency flights.

Page 19 of 56 ends

● Collected from private insurance, Medicare and Medical, and auto Insurance.
● Ran all the ledgers for the month and balance and closed the month.
● Oversee a group of 6-8 employees under my management, HR, Payroll, Insurance and Attorneys
Skills:
● Word, Excel, Presentations slides
● Bilingual in English / Spanish
● Great leadership skills,
● A problem solving orientation and diplomatic attitude ● Great customer service skills
Education:

Dvc- Associates 2023
Pacific Union College -1988-1989
Many certificates in early childhood education, over 120 hours of learning per year.

CPR/ First Aid 2022-2024
Mandated Reporter- 2022-2024
Associate teacher Certificate
Volunteer work:
● 2018- present President of Bay Area Prof. Family ChildCare Network Association 2022- A non Profit association for providers in family child care in contra Costa County. I have been in the following roles and a co-founder of this association. : Secretary, Regional Rep. Vice-President, Membership, President ● 2019- present Non-profit Hope For Tomorrow established to help children that are less fortunate and children with terminal illness like heart conditions and cancer. My daughter had a heart condition and nephew battled brain at a young age.
● 1988- 2000- GINC volunteered as a member of a non-profit that provides shelter, food, school supplies for children in South America.

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Page 34 of 56 ends

Submit Date: Dec 17, 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:
40 Number of years in Concord:
40 Number of years in the county:
64 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Stewart Kennon
First American Title
Director of Telecommunications
and Wireless IT
Stewart Kennon

Page 35 of 56 ends

Question applies to multiple boards
Are you available for evening meetings?
Yes No
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:

Want to get more involved in our community
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:

I worked in Management for 30 years and security for several years including one year at the Concord Pavilion.

Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
I care about the success of the Pavilion and the City if Concord Why would you like to participate in the Concord Community Academy? I am retired and have the time to get more involved in my City Stewart Kennon

Page 36 of 56 ends

Upload a Resume
How did you hear about the Concord Community Academy?
Other
Education and Training
High School
Pleasant Hill High
College
DVC, JFK University
Technicial/Vocational Training
Borgman school of management Server and Network design
Certification or Other
Armed security officer
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 Stewart Kennon
Stewart Kennon

Page 37 of 56 ends

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LANCE LEDREW
(415) 271- 5874
[email protected]
OVERVIEW: Highly motivated, hands-on event management and education professional with over 20 years of customer service and production experience focusing on operations, logistics and client and building management. Creative and passionate, with an exceptional ability to work under pressure with a diverse list of clients. A proven leader who ensures a professional, discrete, controlled, safe, and positive environment who has a demonstrated ability to work with a broad range of requirements, under stressful situations, while still maintaining positive client/customer experiences.

SUMMARY OF QUALIFICATIONS:
• Proven project and facilities management including the development of initial concepts, stafﬁng, scheduling, site selection, vendor negotiations, purchasing and customer service • Ability to make discretionary decisions and excellent time management skills • Communicates effectively with management, building staffs, and customers • Specialize in logistics management; Bachelor’s Degree in Education, English major WORK EXPERIENCE:

CITY OF PALO ALTO May 2022 to Present
Program Assistant II
Acted as receptionist, and coordinator of volunteer activities, meetings, classes, and facility rentals, schedule appointments, screen calls; receives visitors, and respond to inquiries; Act as liaison with City programs and managerial staff, contractors, community groups and local businesses associated with the assigned programs and projects; Establish and maintain a system of monitoring and reporting on the status of the assigned program; Prepare and track payments, purchase requisitions and contracts, purchasing forms; Coordinate facility booking, scheduling, rental process and computerized registration processes where applicable; Perform calculations, compile data and write reports analyzing and summarizing data; prepare graphs and charts where applicable; Coordinate/schedule/mentor in-house and outreach programming, customers, hourly and temporary staff, instructors and camp staff; Coordinate support services to produce materials for and set up displays, workshops, classes, and talks; arrange for rooms and speakers needs; Within established parameters, interpret various department rules, policies and procedures of assigned program.

CITY OF PALO ALTO November 2020 to May 2022
Storekeeper I
Provide excellent customer service to various public works city employees, by taking and fulﬁlling their orders and answering any queries they may have; Reorder all stocked items that are issued out to city departments; Convey materials and items from receiving area to storage area; Sort and place inventory in storage areas, shelves or in bins according to predetermined sequence such as size, type, or product code; Mark materials or containers with identifying information; Fill requisitions for materials and assist in inventory taking; Keep records of materials or items (including surplus materials) received, shipped or distributed in accordance with established procedure; Make daily data entries for accurate inventory controls including receiving, shipping and disposal functions; Act as liaison with Purchasing Department for ordering supplies and materials.

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CITY OF PALO ALTO Oct 2018 to July 2020
Program Assistant I
Acted as receptionist, and coordinator of volunteer activities, meetings, classes, and facility rentals, schedule appointments, screen calls; receives visitors, and respond to inquiries; Act as liaison with City programs and managerial staff, contractors, community groups and local businesses associated with the assigned programs and projects; Establish and maintain a system of monitoring and reporting on the status of the assigned program; Prepare and track payments, purchase requisitions and contracts, purchasing forms; Coordinate facility booking, scheduling, rental process and computerized registration processes where applicable; Perform calculations, compile data and write reports analyzing and summarizing data; prepare graphs and charts where applicable; Coordinate/schedule/mentor in-house and outreach programming, customers, hourly and temporary staff, instructors and camp staff; Coordinate support services to produce materials for and set up displays, workshops, classes, and talks; arrange for rooms and speakers needs; Within established parameters, interpret various department rules, policies and procedures of assigned program.

CITY OF SAN FRANCISCO PARKS & RECREATION Dec 2016 to Oct 2018

Level II Recreation Leader
Perform facility/event management, light ofﬁce tasks, customer service duties, set up and take down of tables and chairs, occasional janitorial tasks; assists with program delivery, perform related duties as required.

CITY OF HALF MOON BAY Sept 2017 to Oct 2018
Level III Building Attendant
Perform facility/event management, light ofﬁce tasks, customer service duties, monitor activities during facility rental, occasional janitorial tasks; accept and ﬁle facility rental paperwork, perform related duties as required.

CITY OF PALO ALTO Sept. 2017 to Oct 2018
House Manager
Perform facility/event management for Art Center, customer service duties, provide general event support and troubleshooting for building rentals, set up and take down of tables and chairs, perform related duties as required.

CITY OF SAN JOSE Oct. 2017 to Oct 2018
Events Captain
Perform facility/event management for t
he Rotunda, one of the most recognizable and modern pieces of architecture at San José City Hall, customer service duties, provide general event support and troubleshooting for building rentals, crowd control, perform related duties as required.

CHILDREN’S MUSICAL THEATER SAN JOSE Aug 2010 to Aug 2011 Production Manager
Responsible for of all technical elements, design and artistic oversight, equipment, set materials, personnel, budget and volunteers, as well as function as the on-site CMT representative, throughout the rehearsal and performance periods for one of the nation’s largest youth musical theater and training program. Other responsibilities include:
• Collaboration with the artistic director to build and maintain season calendar and individual show calendars.
• Liaison to facilities personnel, IATSE Union labor and Team San Jose/city. • Recruitment of new production staff and designers as well as conducting staff orientation sessions and meetings for each show.
• The development and management of a set and prop rental program to generate extra revenue.

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SWANK AUDIO VISUAL Jul 2007 to Aug 2008
Technical Director
Responsible for the planning, organizing and management of all AV technical requirements and the training, supervision, and development of technical support staff - including the set-up and operation of high-end equipment for trade shows, special events and corporate meetings hosted at the Westin St.

Francis and Marriott Marquis hotels. Other duties include:
• Client liaison to the hotel’s Sales, Catering, Banquet and Convention Services Departments, and technical consultant to all necessary hotel personnel with the development and execution of innovative and effective solutions for client events.
• Worked closely with Swank sales managers during proposal stage of large programs.

ORGANIZED CHAOS EVENT MANAGEMENT / GLOW LIGHTING DESIGN 2001 to 2018 Event Planner, AV Director & Lighting Designer/Owner
• Developed and produced client concepts into professional, high-end private and corporate events. Provided customized theme-environments through creative audio and lighting designs. • Assisted with all stages of event including the development and management of project timelines, the hiring of all service vendors, and site contract negotiations.

EDUCATION:

UNIVERSITY OF ALBERTA, Bachelor’s Degree in Education; English Major 1995 to 1998

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Submit Date: Jan 19, 2023
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:
17 Number of years in Concord:
40 Number of years in the county:
40 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Angie Rajczyk
California Casualty Management
Co. Senior Field Marketing Manager
Marketing/ Business
Development
Angie Rajczyk

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I have been a Concord resident for 40 years. I have raised two children in the MDUSD school district and then my son and daughter both attended Carondelet and DLS High Schools. I have attended and helped plan graduations and events throughout the years at the Concord Pavilion, mostly through my children. I have also grown up attending events at the Concord Pavilion.

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:

I have excellent communication, marketing, and business development skills. I am comfortable reaching out organizations and coordinating partnerships or asking for opportunities.. I am also very organized and an experienced public speaker. In my current position I work closely with members of the local teacher's union as well as public safety.

Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
I had a strong desire to give back and be involved in my city and my community. I have all the necessary skills and experience to be a strong contribution to this board, especially due to the fact that I am so familiar with the community. The Concord Pavilion has always been a part of my family's life.

Angie Rajczyk

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Upload a Resume
Why would you like to participate in the Concord Community Academy? I would be interested to hear more about that.

How did you hear about the Concord Community Academy?
Other
Education and Training
High School
Northgate High School
College
Cal State East Bay
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 *
Angie Rajczyk

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Electronic Signature - Please type your First and Last Name Angie Rajczyk
Angie Rajczyk

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Angie Rajczyk
[email protected]
1813 Manzanita Dr. Concord Ca. 94519
925-695-4023

SENIOR FIELD MARKETING & STRATEGIC ACOUNT MANAGER
Strategic Account Manager • Relationship Manager • Project Manager• Marketing Analysis
Business Development• Leadership Outreach • Creative E-Marketing • Consistent Quality Production
Lead Generation • Brand Awareness & Ambassadorship • Developing & Executing Account Strategies
2021 Partner Relations Advocate Award Winner • CANP, CDHA & ACSA Account Manager

WORK EXPERIENCE
California Casualty Management Co. May 2011-
Present
Senior Field Marketing & Strategic Account Manager
Leading Senior Field Marketing Manager & Back Up Acct. Manager in California
 Generated high volume of Sales Opportunities through use of landing page activity, hot & prime leads, as well as Inbound & Electronic Mass Marketing (average 89/month for all groups 2022)
 Grew influential relationships with various affinity groups through VIP meetings, virtual, live, & hybrid visits
 Improved and updated mass marketing strategy in a territory in an effort to maximize and capitalize on landing page sales opportunities and e-communications
 Experienced public speaker
 Expanded role as Account Manager for CANP (California Assn Nurse Practitioners), CDHA (California Dental Hygienist Association), & ACSA (Association of California School Administrators)

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 Effectively managed communication between leadership, Account managers, & Field staff in order to maximize visibility for CANP, CHDA, & ACSA affinity accounts
 Contributed to maximizing all California Casualty Community Impact programs in an effort to target and optimize sales opportunities  Established opportunities to promote California Casualty Community Impact programs during daily marketing activities, present virtually or at live events, as well as follow up with post-presentation publicity.  Orchestrated customer & account concerns promptly through problem resolution protocol in an effort to build & maintain customer loyalty  Grew knowledge of Salesforce reporting & analysis
 Consistently provided leadership, training, and mentoring for newly hired Field Staff in my region
Brink’s Home Security August 2009-
April 2011
Commercial Sales Representative (Outside Sales)
 Generated new business through company appointments as well as self- generated sales activities
 Managed and nurtured customer accounts and franchise operations  Orchestrated communication from various departments in order to facilitate a sales opportunity from the selling point to installation & operation
 Served as a Brand Ambassador at various Chamber events and formed strategic networking partnerships
Education
Cal State Hayward
B.A. in Business Administration with a Minor in Communications Awards & Honors

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T en Year Consecutive Pinnacle Club achiever • 2021 Partner Relations Advocate Award Winner • Brink’s Fastrack Sales Award 2009
Outside Projects -Currently appointed by Concord City Council to serve a two year term on the Concord Pavilion Outreach Committee Board

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MERRILLN RUIZ
Cell: (925) 997-0634
[email protected]

EXPERIENCE Law Offices Isert-Kott & Associates, Staff Counsel for AIG Senior Legal Secretary 3/2018 to December, 2022
• All aspects of administrative support to staff attorneys • File and serve various court documents
• Arrange telephonic court appearances
• Process and upload invoices; interaction with vendors • Set-up new client files in AIG systems

City of Clayton Police Department 1/2016 – 11/2017
Police Administrative Clerk
• Provide clerical support for department personnel including the Chief, Sergeants and officers
• Take counter reports from the public
• Deliver evidence to Crime Lab and file prosecution packets with the Contra Costa District Attorney’s Office
• Significant public contact via telephone, e-mail and in-person

Law Offices of Paul Delano Wolf 3/1989 – 12/2015
Office Manager/Secretary/Paralegal
• All aspects of administrative support for attorneys, paralegals and support staff
• Manage billing and payroll processes
• Maintain and order office supplies and equipment
• Daily interaction with state, federal and local law enforcement agencies, courts, clients and business contacts
• Make and coordinate travel arrangements for attorneys • Provide paralegal support, including transcription, research and analysis of discovery

Concord Pavilion (Legends) 1981 to Present
Supervisor (Concourse/Alcohol Compliance)
• Supervise staff and volunteers during live events
• Provide all aspects of customer service during live events • Assist and interact with other departments during live events

EDUCATION California State University Hayward 1986 – 1990 Coursework in Business Administration

Diablo Valley College 1983 - 1985
Associate in Arts Degree

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1. Approval of a Professional Services Agreement with
Bellecci & Associates, Inc. in the not-to-exceed amount of $846,261.90 (base agreement of $769,329 plus Staff authority to spend up to a 10% contingency of $76,932.90) for design engineering and related services for Galindo Street /
Monument Boulevard Pavement Rehabilitation (Project No. 2452), on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit
Avenue; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (OBAG 3 Grant, Measure V Funds, Measure Q Funds, and State Gas Tax Funds).

CEQA: Not a project/exempt per Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, 15378, and/or 15061(b)(3).

4.d4.d4.d4.d

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City Council Agenda Report
Agenda Item No. 4.d
April 4, 2023
Report in Brief
The Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452) will involve pavement rehabilitation on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit Avenue. The City of Concord was recently awarded a One Bay Area Grant 3 (OBAG 3) funds for a segment of the project on Galindo Street from Salvio Street to Clayton Road, which proposes new Class I and Class II bike lanes on both sides of the roadway, a raised landscape median, green bicycle markings, high visibility crosswalks, curb extensions, bike boxes, and other complete streets elements.

Engineering services are needed to initiate the design of Project No. 2452, which involves the development of plans, specifications, construction cost estimates, and bid documents. Along with pavement rehabilitation, design includes the installation of curb ramps at intersections to meet accessibility standards, minor sidewalk or curb and gutter repairs, and restriping.

The Galindo Street / Monument Boulevard Pavement Rehabilitation design is expected to start in March 2023 and be completed by November 2023. Following design, staff will advertise for construction bids; advertising a paving project in fall/winter period will lead to more competitive bid prices. Construction is anticipated to begin in spring 2024.

Recommended Action

1. Approve a Professional Services Agreement with Bellecci & Associates, Inc. in the not-to-exceed amount of $846,261.90 (base agreement of $769,329 plus Staff authority to spend up to a 10% contingency of $76,932.90) for design engineering and related services for Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452), on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit Avenue; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (OBAG 3 Grant, Measure V Funds, Measure Q Funds, and State Gas Tax Funds); and make the CEQA determinations as provided in this staff report.

2. Approval of a budget transfer in the total amount of $400,000 to Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452) from Monument Boulevard Pavement Rehabilitation (Project No. 2581), Fund 407, and make the CEQA determinations as provided in this staff report.

Background
On June 1, 2021, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Galindo Street Pavement Rehabilitation (Project No. 2452).

On June 28, 2022, the City Council adopted the 2-year CIP Budget for Fiscal Years 2022-23 and 2023-24, which included appropriation of $2,316,000 to fund the design and construction of Project No. 2452.

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City Council Agenda Report
Agenda Item No. 4.d
April 4, 2023
On July 15, 2022, the City of Concord submitted a grant application to the Contra Cost Transportation Authority (CCTA) for the Galindo Street Multimodal Corridor. This project proposes new Class I and Class II bike lanes, a raised landscape median, green bicycle markings, high visibility crosswalks, curb extensions, bike boxes, and other complete streets elements on Galindo Street between Salvio Street and Clayton Road. In January 2023, CCTA notified the City that the Galindo Street Multimodal Corridor project had been approved for OBAG 3 grant funding. The OBAG 3 funds will become available in September 2023. A subsequent City Council meeting will propose accepting and appropriating these funds.

Originally the project limits for the Galindo Street Pavement Rehabilitation were along Galindo Street from Salvio Street to Cowell Road. However, to match our transportation grant applications, the project limits for this project was adjusted to include pavement rehabilitation to the portion along Monument Boulevard from Cowell Road to Detroit Avenue as well. This added scope to the Galindo Street / Monument Boulevard Pavement Rehabilitation has been removed from Monument Boulevard Pavement Rehabilitation (Project No. 2581).

Analysis/Procurement Process
Staff issued a Request for Proposals (RFP) on November 17, 2022 for consultants to provide design and related services for Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452). The RFP was advertised in the local newspaper and on the City’s Procurement Website (Public Purchase). Four proposals were received, reviewed, and ranked by the selection committee comprised of City Staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Bellecci & Associates, Inc. was selected as the most qualified firm to provide design and related services for Project No. 2452. City Staff and Bellecci & Associates, Inc. negotiated the scope of work, cost for the services, and agreed upon $769,329 as a fair and reasonable compensation for the services needed to complete the design phase of the project. Bellecci & Associates has extensive experience in the design of paving and complete streets projects in the Bay Area, and also designed Concord’s Meadow Lane/ Market Street Paving, Project No. 2582.

Due to the added scope of including complete street elements on Galindo Street between Salvio Street and Clayton Road and extending the limits of pavement rehabilitation to also include Monument Boulevard from Cowell Road to Detroit Avenue, a budget transfer of $400,000 from the Monument Boulevard Pavement Rehabilitation (Project No. 2581) is recommended for approval.

Financial Impact
Project No. 2452 is currently funded by Measure V Funds (Fund 407), Measure Q Funds (Fund 401), and State Gas Tax Funds (Fund 262). The City was awarded an

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City Council Agenda Report
Agenda Item No. 4.d
April 4, 2023
OBAG 3 Grant from the Contra Costa Transportation Authority (CCTA), which will be accepted and appropriated by City Council at a later date.

Currently $613,237 are available to fund the design of Project No. 2452. In order to fully fund the design of the project, a budget transfer of $400,000 from Monument Boulevard Pavement Rehabilitation (Project No. 2581, Fund 407), is recommended for approval.

This transfer will not negatively impact the planned project.

Based on the estimated cost, and if the budget transfer is approved, sufficient funds exist in the budget to fully fund the design and construction of this project. To fund construction, $1,700,000 will be allocated to the project in fiscal year 2023-24, along with the funds that will be appropriated from the OBAG 3 Grant.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15273, and/or 15378, City Council action on this item does not constitute a “project” within the meaning of CEQA because there is no potential that it will result in a direct or reasonable foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Professional Services Agreement with Bellecci & Associates, Inc., with Exhibit A – Scope

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Project Location Map
Galindo Street Pavement Rehabilitation (Project No. 2452)

PROJECT

LOCATION

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AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on March 28, 2023, between the City of Concord (“CITY”) and Bellecci & Associates, Inc., 7077 Koll Center Parkway, Suite 210, Pleasanton, CA 94566 (“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 Galindo Street / Monument Boulevard Pavement Rehabilitation, City Project Nos. 2452. described in detail in Exhibit A, a proposal from Bellecci & Associates dated December 22, 2022, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

The total includes the sum of the base contract of seven-hundred sixty-nine thousand three-hundred twenty-nine dollars ($769,329.00) and a 10% contingency of seventy-six thousand nine-hundred thirty- two dollars and ninety cents ($76,932.90). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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

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

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28 restitution, quantum merit, or similar relief.

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

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

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

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

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

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

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

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

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

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

10. INDEMNIFICATION.

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

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

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

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

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

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

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

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

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

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

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

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

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

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

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

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28 shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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

16. CONFLICT OF INTEREST.

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

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

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

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

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

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28 19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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

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

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

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

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Daniel Leary
Bellecci & Associates, Inc.
7077 Koll Center Parkway, Suite 210
Pleasanton, CA 94566
Phone: (925) 685-4569

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION . Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce

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28 or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Daniel Leary Name: Valerie Barone
Title: Principal in Chare Title City Manager
Address: 7077 Koll Center Parkway, Suite 210 Address: 1950 Parkside Drive Pleasanton, CA 94566 Concord, CA 94519
Telephone: (925) 685 - 4569 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 $846,261.90
Account Code: 262-9500-C999-74500 / 262-2452-113-74500

Finance Director's Signature

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Concord Office: Pleasanton Office:
2290 Diamond Blvd., Suite 100 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 Concord, CA 94520 bellecci.com Pleasanton, CA 94566

SCOPE OF WORK

GALINDO STREET PAVEMENT REHABILITATION PROJECT (SALVIO ST TO DETROIT AVE) &

GALINDO STREET COMPLETE STREETS PROJECT (SALVIO ST TO CLAYTON ROAD)

A. PHASE I – PROJECT MANAGEMENT & SURVEY FOR BOTH PROJECTS

1. Project Management
The key project management tasks that will be implemented by Bellecci include creation of the project scope of work and cost proposal, establishing and updating the project schedule, monitoring, and updating the project budget, scheduling coordination meetings with key parties, subconsultant coordination. The project schedule will be created in MS Project and submitted to the CITY for review and approval. Consultant will provide monthly invoices to City with the total budget spent and the current amount expended for the invoicing period using Vantagepoint Deltek software.

Attend meetings with CITY staff, utility agencies, County transit, and utility coordination meetings as required by the CITY. The Consultant will lead regular project development team meetings twice per month, or some other reasonable frequency as coordinated by the City and the Consultant. These project development team meetings will be planned with a variety of topics from project updates, schedule review, utility coordination and/or plan review sessions. Consultant will prepare the agenda, organize, and provide meeting notes.

Deliverable: Meeting notes and Project Schedule updates (if any)

2. Topographic Survey
Bellecci will prepare a topographic survey for Galindo Street Improvement Project, with the in-house Union field crew survey work being performed under the direction of California Licensed Land Surveyor. The topographic survey will be a combination of aerial topographic survey and supplemental field survey. The aerial topographic survey in CAD will provide a base map for the conceptual design and the community meeting. After the preliminary concept design, the survey department will use the aerial topographic survey as the CAD base to perform supplemental field surveying.

The topography will consist of focused segments of t
he project which require additional detail based on the conforms identified in the preliminary design plans. Examples of items to be included in the supplemental survey at focused areas includes street corners, ground shots, trees (over 6” diameter), fences and visible utilities, edges of concrete hardscape, surface evident utilities, top of curb locations, select inlet dips and other visible facilities in critical locations. The local 3 union field crew will utilize GPS survey equipment to establish the project survey control from our subscribed California GNSS network, and robotic total station survey equipment will be used to collect the topographic survey points. The CAD drawing will be completed by the office survey staff under the direction of the professional land surveyor. The supplemental topographic survey will include the outline of the existing facilities, topographic survey points with elevations, annotated existing features, street names, north arrow, scale, basis of bearing, and Bellecci standard border. The aerial survey limits extend from Salvio Street to Detroit Avenue along Galindo and Monument Boulevard. The supplemental field topographic survey will be on Galindo Street from Salvio Street to Clayton Road which will include SSMH and SDMH rim and inverts.

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

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D
eliverable: Topographic Survey with Aerial Mapping

3. Utility Coordination
Consultant will identify and coordinate with existing utility companies that will be impacted by the proposed project by preparing utility letters with project location exhibits and sending utility requests on City letter head. Consultant will coordinate with owners of the utilities, in the project area to obtain copies of their utility base maps for use in developing the base plans. The approximate locations of the utilities from the information provided by the utility companies will be added to the CAD base map. Consultant will also incorporate utility lids, valves and manholes that are located as part of the field work by the field survey crew on Galindo Street from Salvio Street to Clayton Road. Utility coordination also includes submission of PG&E application for adjustment and/or relocation of existing PG&E services.

Deliverable: CAD file of Utility Line work.

B. PAVEMENT REHABILITATION PROJECT (SALVIO STREET TO DETROIT AVENUE)

4. Pavement Evaluation/Deflection Testing/Technical Memorandum

The pavement engineer will perform the following tasks to develop a pavement rehabilitation design recommendation:
• Dynaflect deflection testing for all travel lanes, 150-ft intervals • 8-2” cores for AC thickness and base type
• Rv sampling at two locations
• Traffic control for the above work
• Laboratory testing and data analysis
• Mapping of digouts
• Design analysis and technical memorandum

Design team will perform pavement analysis and develop pavement rehabilitation recommendations. Examples of pavement rehabilitation recommendations includes: conventional hot mix asphalt (HMA) pavement, rubberized hot mix asphalt (RHMA), alternative rehabilitation methods (cold in-place recycling, and mill & fill treatments), locations and treatment of failed pavement sections (base repairs), and full-width milling and wedge grinding requirements.

Consultant will summarize in a pavement design report, the results of the deflection testing, results of coring activities, results of laboratory analysis, description of testing procedures, description of analysis performed, design calculations, and recommended alternatives for pavement rehabilitation.

Design team will also provide a life cycle cost analysis spreadsheet for the recommendation. We anticipate 3 meetings via MS Teams to review the initial field investigation work, then follow up meeting to review the design layout with pavement treatments, and a final meeting to review any comments from the City staff. As part of the life cycle cost Analysis the Consultant will assess the alternatives which meet the pavement rehabilitation project construction funding of $3.7 million. Consultant will recommend and design for alternatives which meet the funding and are the basis for the design proposal.

Deliverable: Pavement Rehabilitation Plan with Recommendations

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

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5. Community Meeting & BPAC for Pavement Rehabilitation City staff will facilitate, and Consultant will present at a public meeting. City staff to send out flyers to the Community prior to the meeting, to notify them about the project and community meeting date and time. Consultant will prepare presentation materials including a slideshow of the project information with project scope, limits, project schedule, project improvements. The design team will make notes and provide comment cards for the Community members to provide feedback. City staff to update the City’s website with the project meeting details and slideshow.

Consultant will provide the power point presentation and project layout.

Deliverable: Copy of meeting minutes and comment cards; Presentation materials in PDF format, provide copy of high-resolution meeting graphics in PDF format.

6. Utility Mapping (with GPR)

Design Team will coordinate with Ground Penetrating Radar (GPR) subconsultant to provide utility locating and utility scanning services at select locations along Galindo Street. The utilities will be marked by the designated utility color and locating crews will use Radio Frequency (RF) utility locators combined with GPR to locate known and unknown underground utilities. Markings will be done with water based pink paint, metal wire flags and/or wooded laths. The lines will be connected using the direct connect method and the horizontal accuracy of locators are per industry standards. The GRP scope does not include any vertical accuracy and when provided are strictly an estimate. We assume this work will be a no-fee encroachment permit. The exact limits of the GPR will be determined as part of the detailed proposal from the GPR consultant, to maximize the amount of mapping to meet the budget.

The project design budget includes an allowance for 15 potholes. Consultant will coordinate the potholing locations with the Potholing Company and provide a plan of the pothole locations. We assume these pothole locations will be in the asphalt roadway and restored with hot patch asphalt. Potholing Company will submit a no-fee encroachment permit with City.

Deliverable: GPR Summary with Photos of existing utility markings and Potholing Report

7. Assistance with Environnemental Documentation – CEQA We understand the pavement rehabilitation project would be categorically exempt from CEQA under Class I Existing Facilities. Environmental subconsultant will prepare the CEQA Categorical Exemption (CE) for the City’s review.

Environmental subconsultant will revise the CEQA CE based on one round of review by the City and file the CE with Contra Costa County following the City’s project approval.

This scope is based upon the following assumptions:
• Project involves minor improvements to an existing public roadway. • The CEQA process will be prepared for the City as the CEQA Lead Agency. • The project will not impact any threatened or endangered plant or animal species, or habitat utilized by such species.
• The project improvements will be limited to previously disturbed areas and will not impact any cultural resources.
• Project Plans will identify any landscape trees requiring trimming or removal. • Project Plans will provide information on proposed stormwater quality control measures/BMPs. • The project will be eligible for a CE under CEQA.
• All construction staging will occur on paved surfaces within City right-of-way. • No federal funding or NEPA review is required for the project. • The project will not result in the removal of parking spaces or loading zones.

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

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8. 60% Plans Specifications & Estimate for Pavement Rehabilitation Consultant will prepare PS&E for review and approval by the City. The PS&E shall be submitted in three submittals: 60%, 90%, and 100% Bid Set submittals. 60% Plans include the following plan sheets for this project:

1. Cover Sheet with Location Map, Project Description, and Legend

2. General Notes Plan Sheet

3. Key Map

4. Survey Control Plan

5. Storm Water Pollution Prevention Plans and Details

6. Pavement Rehabilitation Sheet(s) at 1” =40’ scale with recommended pavement treatment, and Caltrans standard notes for standard curb ramp replacements

7. Civil Details for ADA Curb Ramps at select locations (assume 4-6 ramps).

8. Signage & Striping Plan (to match existing conditions from Clayton Road to Detroit Avenue)

9. Traffic Signal Loop Repair Sheet

10. Detail Sheets

11. Utility Adjustment Plans

12. Best Practices for Storm Management in Construction

There are two additional ongoing City design and construction projects: a) Monument Blvd Class I path and b) a fiber optic improvement project) along this project corridor. Consultant will coordinate with these two projects and City will share CAD files from the two projects. The key coordination items from the two additional projects are listed below, with design assumed to be already completed. For the ADA Curb Ramps at Monument Blvd and Detroit Avenue, Consultant will evaluate the curb ramps at the northeast corner of this intersection for ADA clearances around the existing PG&E and AT&T poles. Consultant will coordinate with utility companies to relocate any poles if needed. The remaining curb ramps at the other corners appear to have been replaced recently and are not in the scope of work. At Monument Blvd and Monument Ct, the curb ramps at Monument Court are beyond the Project limits. The Monument Blvd Class I path project will replace the ramps at Monument Blvd and Walters Way/Systron Drive, along with the Curb Ramps at Monument Blvd/Galindo Street and Oakmead Dr/Cowell Road. The curb ramps at Laguna St and Driveway at Concord Police Dept are not impacted with the Galindo Street pavement rehabilitation project. The Downtown Concord Corridor Bike and Pedestrian Improvement Project will replace the ramps at Galindo Street and Laguna Road/Oak Street. The ADA Curb Ramps at Garage Entrance near Swift Plaza are included in the scope of work. The c urb ramps from Galindo/Clayton Road, Galindo/Concord Blvd, and Galindo/Willow Pass Road included as part of the Complete Streets Project. The curb ramps at Galindo St/Salvio have been replaced recently and are not part of the scope of work.

Technical Specifications will be prepared in City St
andard CSI format using City Standard Specifications and Caltrans Standard Specifications as reference. At the 60% Submittal pay clauses will not be included.

Opinion of probable cost estimate at 60% Design will also be provided with breakdown of major items, some of the miscellaneous striping and signing items will not be broken down at this submittal but will be noted as lumpsum quantity.

Deliverable: 60% Plans, Specifications, and Cost Estimate

9. 90% Plans Specifications & Estimate for Pavement Rehabilitation After City’s review of 60% PS&E submittal, Consultant team will review the comments and provide initial comment responses to the comments and schedule a meeting to review the comments which need further clarifications. 90% Plans will be revised to address the comments from the 60% Submittal and comment responses will be included with the 90% Submittal.

Technical Specifications will be updated to address City comments from the 60% submittal. Pay clauses will be included for each bid item at this submittal.

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

Page 5 ends

Opinion of probable cost estimate at 90% Design will be revised with additional detailed breakdown of individual items including striping and signing items.

Deliverable: 90% Plans, Specifications, and Cost Estimate

10. 100% Bid Plans Specifications & Estimate for Pavement Rehabilitation After City’s review of 90% PS&E submittal, Consultant team will review the comments and provide comment responses to the comments and schedule a meeting to review the comments which need further clarifications. Final 100% Plans will be revised to address the comments from the 90% Submittal and comment responses will be included with the Final100% Bid Submittal.

Technical Specifications will be updated to address City comments from the 90% submittal. Bid Form will be compiled into the technical specifications. We assume City of Concord will prepare the upfront General Special Provisions and City requirements and we will coordinate language like scope of work, number of working days, liquidated damages and any special requirements like night work into the upfront specifications.

Opinion of Probably cost estimate at 100% Design will be revised with additional detailed breakdown of individual items including striping and signing items.

Deliverable: Signed and Stamped 100% Plans, Specifications, and Cost Estimate

C. GALINDO STREET COMPLETE STREETS PROJECT (SALVIO STREET TO CLAYTON ROAD)

11. Preliminary Complete Streets Layout for Galindo Street/Monument Blvd from Salvio Street to Detroit Avenue

CONSULTANT will produce a set of preliminary concept layout plans along with a corresponding estimate of probable construction costs. The estimate will be based on the preliminary plans and the proposed project limits and will include a summary breakdown of the anticipated project cost. Preliminary plans will include the following plans:

1. Cover Sheet

2. Typical Sections for Two Alternatives

3. Layout for Two Alternatives (curbs and lane lines with dimensions & parking count)

The proposed improvements include: sidewalks will be repaired at locations to be determined in the field by the engineer, while protecting the trees in-place. Pedestrian access and path of travel will be improved at select locations. The new bicycle facility on Galindo Street will be a separated or buffered bike lane that will be at the roadway level. Strategies for separating the bikeway include narrow islands, precast islands with gaps, flex posts, green paint markings, rubberized humps, or a striped buffer, as appropriate. The proposed bicycle separation strategies will be shown on the preliminary layout plans and implemented during final design. Specifications will not be included in the preliminary submittal. During this stage of design, the overall project strategy for Green Infrastructure Strategy will be identified on the plans as reviewed and accepted by the City stormwater reviewer during the preliminary design and 60% design phase. As part of the preliminary layout alternatives review, the Consultant will assess the preferred alternative which meets the complete streets project construction funding of $2.7 million. Consultant will recommend and design for the alternative which meets the project goals and the funding, which is the basis for the design proposal.

In addition to the plans, Consultant to prepare a two-page Initial Design Criteria memorandum describing the design approach and the applicable standards. The memorandum will include a list of design criteria for C3 strategy, lane widths, left turn pocket queuing lengths, curb ramps/ADA compliance, photometrics for illuminance and uniformity, and tree spacing. The memorandum is not intended to provide the design solution, but the memorandum will

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

Page 6 ends

explain the initial strategy for design of these ite ms. As design progresses the design approach may be changed with CITY approval.

12. Traffic Engineering - Fehr & Peers
Under this task, Fehr & Peers (Traffic Engineer) will attend up to seven meetings including: one kickoff meeting, two meetings with City staff. Design team will also attend up to six conference calls with the Project team. Traffic Engineer will collect and review available information for the project area, including the City’s 2030 General Plan (2007), City’s Bicycle, Pedestrian & Safe Routes to Transit Plan (2016), Caltrans Traffic Data, traffic volumes, collisions data, public and private infrastructure standards, infrastructure master plans, aerial and mapping data, and other relevant studies and policies. The team will perform a review of concepts from the Bike and Pedestrian Safe Routes to Transit Master Plan. The team will review available traffic volume data, as available provided by the City, County, and Caltrans to understand the context for traffic engineering input.

Traffic Engineer will obtain data from the City including traffic signal timing data for all signalized intersections along the study corridor, as well as any previous initiatives or planning studies that have been prepared on the corridor.

There are a total of 4 signalized intersections along the study area of Galindo Street from Salvio Street to Clayton Road. Traffic Engineer will retain a traffic count firm to collect multimodal (i.e., vehicles, trucks, pedestrians, and bicycles) weekday morning (7:00-9:00 AM), evening (4:00-6:00 PM) peak period intersection turning movement counts for the intersections. Traffic Engineer will conduct travel time runs along the corridor during the AM and PM peaks, as well as observe queue lengths at the signalized intersections similar to the work completed for the Willow Pass Road/Galindo Street/Cowell Road Complete Streets Corridor Study Traffic Modeling and Conceptual Design Alternatives
Traffic Engineer will create AM and PM peak existing conditions models for the signalized intersections along Galindo Street from Salvio Street to Clayton Road using Synchro/SimTraffic 11.0 software and HCM 6th Edition method for vehicles. Traffic Engineer will start the models from our previous networks developed for the Willow Pass Road/Galindo Street/Cowell Road Complete Streets Corridor Study and Monument Class I Path. The models will include existing intersection turning movement counts and signal timing data collected earlier, as well as existing roadway characteristics and intersection configurations, for intersections within the project limits. The existing peak hour models will be calibrated using the travel time data and observed queue lengths from the field visit to check the existing models accurately reflect field conditions. The field data will be compared to the corridor performance output provided by SimTraffic, and the model variables will be adjusted through an iterative process until model performance measures are within an acceptable percentage error of the existing field conditions, as determined by the Consultant traffic engineer.

Traffic Engineer will perform operational analysis of existing conditions at the signalized intersections and provide base performance measures such as level of service (LOS), travel time, delay, and 95th percentile queue lengths. Traffic Engineer will prepare an existing conditions memorandum summarizing the results.

Using the calibrated AM and PM peak hour existing conditions models, Traffic Engineer will model proposed conditions for up to two (2) alternatives. We assume that Bellecci will lead development of the alternatives.

The output from the proposed conditions model will be compared to the baseline conditions to determine the potential impacts for each alternative. Based on the results of the operational analysis, Design Team will work with the City staff to adjust the alternatives to meet project objectives. Traffic Engineer will also assess the benefits of proposed modifications for people walking, biking, and using transit on each corridor using our StreetScore+ tool.

The proposed conditions analysis will be prepared and summarized in a draft technical memorandum. We will revise the memorandum based on one round of comments from the city.

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

Page 7 ends

13. Traffic Engineering - Fehr & Peers
Plans, Specifications and Estimates (PS&E)
Traffic Engineer will provide Plans, Specifications and Cost Estimates for traffic signal, signing & striping and street lighting improvements. This includes traffic signal improvements for up to four signalized intersections. The project will include street lighting improvements along the Galindo Street corridor from Salvio Street to Clayton Road.

Traffic signal plans will be prepared on 20-scale sheets, we anticipate up to six sheets will be needed. Lighting plans will be prepared on 40-scale sheets, we estimate two lighting plan sheets will be needed. These traffic signal and lighting plans will show the locations of poles, signal heads, cabinets, proposed signal phasing, and illumination values. We will perform lighting analysis to determine the appropriate light fixture and pole spacing for roadway lighting.

Plans will be developed based on City of Concord traffic signal design preferences and 2022 Caltrans Standard Plans and Specifications. All plans will be developed in AutoCAD software. As part of this task, we will request as- builts for the four signalized intersections. Traffic Engineer will also conduct a field review of the traffic signal systems to verify the information provided in the as-builts. This scope assumes no new service points or PG&E coordination is required for the improvements. Any other services will be considered additional work for which a separate scope and fee will be prepared.

The PS&E will be submitted at the Preliminary Design, 60%, 90%, and final bid design levels and will be reviewed by the City of Concord. Estimates and specifications will not be provided at the Preliminary Layout submittal. This scope assumes we will receive one set of consolidated comments from the city at each review level.

14. Attend Community Meeting for Complete Streets
City staff will facilitate, and Consultant will present at a public meeting. Consultant will provide 8 hours of Community Meeting attendance and support, at the direction of the City project manager.

15. Preparation of PES Forms, Field Review attendance, and NEPA coordination National Environmental Policy Act Environmental Review: If the project is seeking to use federal funding for the project segment between Clayton Road and Salvio Street, Environmental Consultant will prepare the Caltrans Preliminary Environmental Studies (PES) Form (and supporting information) for submittal to Caltrans. The City can then schedule the Field Review that the Environmental consultant will attend with the Project Design Team. The PES Form will be used by Caltrans to determine the environmental studies required for the project. Because the Field Review has not yet been conducted, our Scope of Work describes the studies that environmental consultant believes could ultimately be required by Caltrans, based on our recent experience. We anticipate that the City will agree to implement standard mitigation measures, to the extent feasible, to reduce the number of NEPA technical studies requested by Caltrans.

16. Preparation of ASR/HPSE (A/HC)
Based on the Field Review, project plans, and any previously completed studies, Environmental consultant and their subconsultants will prepare technical reports per Caltrans’ Supplemental Environmental Review (SER) formats for such reports. Environmental Consultant will submit the reports to Caltrans as they are prepared. Below is a list of all reports/memos we expect Caltrans to require:
• Archaeological Survey Report/Historic Properties Survey Report (ASR/HPSR)– A/HC • Initial Site Assessment – to be provided by Bellecci

It is assumed that the project will quality for a NEPA Categorical Exclusion (CE). Environmental consultant will coordinate the preparation of the ASR/HPSR required for the CE, as described above. The cost estimate includes two rounds of revision the report. Once the report is approved, Environmental consultant will complete the CEQA CE for the City of Concord and the NEPA CE form for Caltrans.

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

Page 8 ends

17. 60% Complete Streets Plans Specifications & Estimate Consultant will prepare PS&E for review and approval by the City. The PS&E shall be submitted in three submittals:
60%, 90%, and 100% Bid Set submittals. The project design will include: a) restriping and street alignment in conformance with the approved traffic analysis and recommendations for lane configuration, b) bike facilities design with separation per Class IV standards, or buffered Class IIB, per the preliminary design plans, c) landscape architecture design matching with the adjacent downtown and commercial street standards and design style, d) pedestrian style and cobra head street lights in conformance with the City of Concord standards, e) green infrastructure design per the City and County stormwater treatment goals and standards, f) median islands, g) pedestrian street crossings at the signalized intersections, h) sidewalk repair and widening to make the pedestrian path of travel uniform and ADA compliant, with pedestrian friendly connections to adjacent land uses within the public right of way, i) irrigation service with new meters/backflows and controllers j) street furniture such as benches, trash receptacles, and bike racks k) bus stops design and l) staging plans

T
he project scope is to prepare staging plans to provide general construction phasing for the project and we assume temporary traffic control plans will be prepared by the Contractor and existing signals will remain operational until new signals are activated. The scope assumes no new additional mid-block crossings or rectangular rapid flashing beacons. We assume no traffic signal interconnect conduit is needed as the City has a separate fiber optic project that will be completed prior to the Complete streets project. We assume there is no artwork elements to be incorporated into the complete streets design.

Technical Specifications will be prepared in the City’s format, which is a modified Caltrans technical specification.

Pay clauses will be included for each bid item at the 90% submittal. The construction cost estimate at 60% Design will include a detailed breakdown of each bid item along with an appropriate contingency to be coordinated with the City project manager.

Deliverable: 60% Plans, Specifications, and Construction Cost Estimate

18. 90% Complete Streets Plans Specifications & Estimate

After City’s review of 60% PS&E submittal, Consultan t team will review the comments and provide initial comment responses to the comments and schedule a meeting to review the comments which need further clarifications. 90% Plans will be revised to address the comments from the 60% Submittal and comment responses will be included with the 90% Submittal. We anticipate the following sheets for the Complete Streets Project plans.

Series # Description

1. Title Sheet

2. Key Map

3. Survey Control Plan

4. Temporary Water Pollution
Control Plan

5. Demolition Plans

6. Typical Sections

7. Improvement Plans

8. Grading Plan (Grading
enlargements)

9. Utility Adjust/Drainage Plans

10. Drainage Profiles

11. Construction Staging plans

12. Planting & Furnishing Plans

13. Planting Details

14. Irrigation Plans

15. Irrigation Details

16. Landscape Detail Reference Plans

17. Site Furnishing Details

18. Signing & Striping Plan

19. Signal Modification Plans

The exact breakdown of sheets will be determined dur
ing the preparation of the plans, which may require further separation of plan sheets, or combining of plan sheets. Technical Specifications will be updated to address City comments from the 60% submittal. Pay clauses will be included for each bid item at this submittal. Opinion of Probably cost estimate at 90% Design will be revised with additional detailed breakdown of individual items including striping and signing items.

Deliverable: 90% Plans, Specifications, and Construction Cost Estimate

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City of Concord, CA Scope of Work
Galindo Street Pavement Rehabilitation Project Bellecci & Associates, Inc

Page 9 ends

19. 100% Bid Complete Streets Plans Specifications & Estimate

After City’s review of 90% PS&E submittal, Consultant team will review the backcheck comments and provide comment responses to the comments and schedule a meeting to review the comments which need further clarifications. Final 100% Plans will be revised to address the comments from the 90% Submittal and comment responses will be included with the Final100% Bid Submittal.

Technical Specifications will be updated to address
City comments from the 90% submittal. Bid Form will be
compiled into the technical specifications. Consultant will support the City with the City prepared upfront General Special Provisions, by providing the project scope of work/description, number of working days, and construction staking requirements.

Opinion of Probably cost estimate at 100% Design wil
l be revised with additional detailed breakdown of individual items including striping and signing, planting, and irrigation.

Deliverable: Signed and Stamped 100% Plans, Specifications, and Cost Estimate (Galindo Street from Salvio Street to Clayton Road)

D. OPTIONAL SERVICES

Optional services are included on the proposal budget spreadsheet. These services may be performed upon City authorization of the scope of work and budget reviewed and approved by the City, on an as-needed basis, to be determined by the City project manager.

Page 26 of 28 ends

rev5 3/9/2023
Proposal for: Galindo Street Pavement Rehabilitation Project: City Project No. 2452 ODCs MARK UPS Total
$273.46 $269.25 $206.37 $160.97 $151.26 $148.31 $127.79 $114.41 $104.56 $99.06 $143.09 $125.20 $248.59 $174.00 $110.00 $96.00 LS Fee LS Fee LS Fee LS Fee LS Fee LS Fee

PROJECT MANAGEMENT & SURVEY FOR BOTH PROJECTS
1 Project Management 12 40 36 88 $19,846 $200 $20 $20,066 2 Topographic Survey 24 40 4 68 68 68 272 $35,277 $8,500 $850 $44,627 3 Utility Coordination 2 8 24 44 78 $9,174 $0 $9,174
PAVEMENT REHABILITATION (Salvio to Detroit)
4 Pavement Evaluation/Deflection Testing/Tech. Memo $68,000 $6,800 $74,800 5 Community Meeting and BPAC 8 16 20 44 $9,715 $200 $20 $9,935 6 Utility Mapping (with GPR) and Potholing (15 Qty) 4 20 40 18 82 $10,262 $49,000 $4,900 $64,162 7 Assistance with Environmental Determination - CEQA 0 $0 $8,808 $881 $9,689 8 60% Plans Specifications & Estimate 4 16 20 30 45 60 80 90 90 435 $54,979 $200 $20 $55,199 9 90% Plans Specifications & Estimate 4 16 20 30 45 60 80 90 90 435 $54,979 $200 $20 $55,199 10 Bid 100% Plans Specifications & Estimate 4 10 12 17 25 32 42 47 47 236 $30,388 $110 $11 $30,509 COMPLETE STREETS (Salvio to Clayton Road)
11 Preliminary Layout for Salvio to Detroit 4 20 16 40 60 60 40 240 $34,934 $10,000 $200 $1,020 $46,154 12 Data Collection, Traffic Modeling & Deliverables $29,341 $2,934 $32,275 13 Fehr & Peers Total Fee (see attached detail) $88,186 $8,819 $97,005 14 Attend Community Meeting 4 4 8 $2,171 $300 $30 $2,501 15 Preparation PES form, Field review Attendance, NEPA Coord. $7,470 $747 $8,217 16 Preparation of ASR/HPSR (A/HC) $7,250 $725 $7,975
17 60% Plans Specifications & Estimate (Salvio to Clayton) 4 16 20 40 60 80 80 80 70 450 $58,245 $17,000 $200 $1,720 $77,165 18 90% Plans Specifications & Estimate (Salvio to Clayton) 4 16 20 40 60 80 80 120 70 490 $62,428 $15,000 $200 $1,520 $79,148 19 Bid 100% Plans Specifications & Estimate (Salvio to Clayton) 4 10 12 22 32 42 42 62 40 266 $34,409 $10,000 $110 $1,011 $45,530 52 170 16 220 187 267 438 464 569 469 24 40 4 68 68 68 3124 $416,806 $ 8,500 $117,527 $52,000 $68,000 $23,528 $49,000 $1,920 $32,048 $769,329 OS1 Bidding 2 8 20 30 $3,917 $1,690 $1,000 $269 $6,877
OS2 Construction Assistance (CA) - Level 1 4 12 40 40 60 156 $22,740 $7,898 $3,500 $1,140 $35,277 OS3 Record Drawings 2 8 24 34 $4,204 $2,389 $750 $314 $7,656 OS4 Construction Assistance (CA) - Level 2 20 4 40 40 72 120 296 $38,221 $4,500 $3,500 $800 $47,021 OS5 Additional Potholing (Qty 25) 4 18 22 $2,427 $55,000 $5,500 $62,927 OS6 Additional Public outreach support, Renderings (Landscape) 4.0 8 8 12 32 $5,724 $9,540 $954 $16,218 OS7 Environmental Technical Studies $29,500 $2,950 $32,450 OS8 Assist with Permit to Enter Agreements 2.0 8 20 24 54 $8,298 $0 $8,352 OS9 Right of Way engineering - Plats & Legals (Assume 3) 40 16 4 4 64 $10,837 $0 $10,837 Notes:
1 Distribution of Hours may vary during the performance of the services 2 We assume no encroachment permit fees for potholing
3 Restore pothole areas with hot patch W/T-cut for the asphalt. 4 All submittals will be PDF submittals
5 We assume no SDMH, SSMH Inverts are required from Clayton Rd to Detroit Ave City of Concord, CA

TASKS BELLECCI
360 Aerial
Survey
Fehr and
P
eers
Eng I A ssit Eng
II
Assit Eng
I
Survey
Tech II
Survey,
Journ
Rod Total
HoursTask Description
Survey,
Appren
Prin Eng I/
Proj. Mgr
Prof. Eng
III / Traf
Eng

SUBCONSULTANTS
Total Fee
Bess Testlab,
Inc.

David J
P
owers
AEC Pavement
E
ngineering
Gates and
A
ss.

OPTIONAL SERVICES
10% Sub Mark
Up
Prof. Eng
I Eng III Eng II Survey
Tech III
Prof.

Land
Surv
Survey,
Chief Other Direct
Costs
Task
Prof. Eng
IIPrin Eng II Total Labor
Costs

Page 27 of 28 ends

SUBCONSULTANTS
Total Fee
Bess Testlab,
Inc.

David J
P
owers
AEC Pavement
E
ngineering
Gates and
A
ss. 10% Sub Mark
Up
Prof. Eng
I Eng III Eng II Survey
Tech III
Prof.

Land
Surv
Survey,
Chief Other Direct
Costs
Task
Prof. Eng
IIPrin Eng II Total Labor
Costs
6 We assume both projects will be bid together

Page 28 of 28 ends

Staff Report
Date: April 4, 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 for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) on Treat Boulevard, from Walnut Creek city limits to San Miguel Road:

1. Award of a construction contract in the amount of
$7,113,715 to Bay Cities Paving & Grading, Inc. for the Treat Boulevard Pavement Rehabilitation Project – Phase 1
(Project No. 2559); authorizing Staff to utilize the available project contingency for contract change orders that
become necessary up to 5% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

3. Approval of a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation

4.e4.e4.e4.e4.e

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City Council Agenda Report
Agenda Item No. 4.e
April 4, 2023
Project – Phase 1 (Project No. 2559) from Pavement
Maintenance Zone 1E & 1F (PJ 2618, Fund 407).

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 1), and
directing the City Clerk to file a Notice of Completion.

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 Treat Boulevard Pavement Rehabilitation Project - Phase 1 (Project No. 2559) (Project) will involve pavement rehabilitation on Treat Boulevard, from Walnut Creek City limits to San Miguel Road. Along with the pavement rehabilitation, the project involves the installation of curb ramps at intersections to meet accessibility standards, repair of sidewalk, curb, and gutter, traffic control, potholing, utility cover adjustments, restriping, fiber optic conduit installation, and some sidewalk tree replacements. See attached location map for project limits (Attachment 1).

Phase 1 of the Project (Walnut Creek City limits to San Miguel Road) 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 begin early May this year, with completion by October 2023, weather permitting. Phase 2 of the Treat Boulevard Pavement Rehabilitation Project, from San Miguel Road to Clayton Road, will be constructed in Spring 2024.

Construction management, inspection, and materials testing 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 MNS Engineers, Inc. for Phase 1 of the Project is attached (Attachment 3). The Project is funded by Measure V funds.

Recommended Action

1. Award the construction contract in the amount of $7,113,715 to Bay Cities Paving & Grading, Inc. for the Treat Boulevard Pavement Rehabilitation Project - Phase 1 (Project No. 2559) on Treat Boulevard, from Walnut Creek city limits to San Miguel Road; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

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City Council Agenda Report
Agenda Item No. 4.e
April 4, 2023

2. Approve a Professional Services Agreement with MNS Engineers, Inc. in the not- to-exceed amount of $766,024.24 (base agreement of $696,385.67 plus staff authority to spend up to a 10% contingency of $69,638.57) to provide construction management, inspection, and materials testing services for the Treat Boulevard Pavement Rehabilitation Project - Phase 1 (Project No. 2559); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

3. Approve a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation Project (Project No. 2559) from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407), and make the CEQA determinations as provided in this staff report.

4. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2559 (Phase 1), and direct the City Clerk to file a Notice of Completion.

Background
On June 1, 2020, City Council (Council) approved the proposed Five-Year Pavement Expenditure Plan, which included Treat Boulevard Pavement Rehabilitation Project (Project No. 2559).

On June 8, 2021, Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which included an appropriation of $1,600,000 to fund the design of Project No. 2559.

On January 25, 2022, Council approved a design Professional Services Agreement (PSA) with BKF Engineers of Walnut Creek, California (BKF) in the not to exceed amount of $649,000, which included preliminary studies, public outreach, and preliminary plans up to 60% design. The Treat Boulevard Pavement Rehabilitation Project (Project) design was started in February 2022.

In June 2022, Council approved the Two-Year CIP Budget, which included appropriating $5.27 million to the Project for construction.

On August 23, 2022 Council approved an Amendment to the PSA with BKF, in the amount of $277,000, to finalize and provide additional design and related services for the Project bringing their new PSA total to $926,000. BKF’s PSA covers design of both Phase 1 and Phase 2 of the subject Project.

Analysis
The City of Concord (City) received higher bids for construction than estimated (see Procurement Process below), due to limited bidding competition in the spring, and increased costs from added scope including installation and potential replacement of

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City Council Agenda Report
Agenda Item No. 4.e
April 4, 2023
fiber optic conduits for signal interconnect, and video detection systems for detecting vehicles at signalized intersections related to signal timing. Additionally, pavement and subgrade testing revealed that a more robust pavement rehabilitation was needed within the Phase 1 project limits, which has increased costs. In total, the Project has a shortfall of $2.6 million in funding to complete construction of Phase 1, so staff is recommending budget transfers which are discussed more completely below.

Procurement Process
Construction Contract:

The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was $6,400,000 to $6,800,000. Bids were opened on March 2, 2023. Four (4) bids were received in the amount ranging from $7,113,715 to 8,031,150. The basis of award for this Project is the Base Bid. The lowest bid was received from Bay Cities Paving & Grading, Inc. of Concord, CA (Bay Cities). A summary of the bids can be found in Attachment 2.

Bay Cities was the low bidder and submitted a responsive and responsible bid. Bay Cities has an appropriate and valid contractor’s license and satisfactory work references. They recently worked on the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525). City staff (Staff) completed analysis of Bay Cities’ bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. Bay Cities is registered with the Department of Industrial Relations as required by SB 854. Staff has determined that a budget transfer is required to award the construction contract (see Financial Impact section).

On September 13, 2016, Council approved the Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. The Project will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this Project were made aware of this requirement as part of the construction contract. Bay Cities and their subcontractors have submitted the required agreement-to-be-bound forms for the Citywide Project Stabilization Agreement.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on December 29, 2022. The RFP was advertised in the local newspaper and on the City’s Procurement Website.

Four (4) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

Based on the analysis of the proposals, interviews, and references, MNS Engineers, Inc. of Antioch, CA (MNS) was selected as the most qualified firm to provide

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City Council Agenda Report
Agenda Item No. 4.e
April 4, 2023
construction management, inspection, and materials testing services for the Project.

Staff and MNS negotiated the scope of work and cost for the services and agreed upon a base amount of $696,385.67 as a fair and reasonable compensation for the services required in the RFP. MNS’s material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
Additional project funding in the amount of $2,600,000 is needed to fund construction of Phase 1 of the Project, for which the current total funding is $6,870,000 of Measure V Funds (Fund 407).

Funding for Phase 2 construction (an additional $5,680,000) is currently scheduled to be appropriated later this year as part of the Mid-Cycle CIP Budget Update for FY 2023/24.

A budget transfer of $2,600,000 from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407) to the Treat Boulevard Pavement Rehabilitation Project (Project No. 2559) is recommended to fully fund construction of Phase 1 of the Project. PJ 2618 is currently programmed in Year 5 of the Five-Year Paving Plan and will be reviewed as part of the Mid-Cycle CIP Budget Update or next Two-Year CIP Budget to identify replacement funding for construction.

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 Project Location Map

2. Project No. 2559 Bid Summary

3. Professional Services Agreement with MNS Engineers, Inc., with Exhibit A – Fee Proposal, and Exhibit B – Project Stabilization Agreement

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ATTACHMENT 1

PROJECT LOCATION MAP
TREAT BOULEVARD PAVEMENT REHABILITATION PROJECT (PHASE 1) CITY PROJECT NO. 2559

PHASE 1 PROJECT LIMITS

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City of Concord
Bid Sheet
PROJECT #2559 Bid Opening:

Treat Blvd Pavement Rehabilitation Phase 1 Thursday,
March 2, 2023
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $6,400,000 To be awarded:

COMPANY TOTAL BID
Bay Cities Paving & Grading, Inc.
1450 Civic Ct. Bldg B #400
Concord, CA 94520
$7,113,715.00
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael, CA 94901
$7,689,645.77
Ghilotti Construction Company
246 Ghilotti Ave.

Santa Rosa, CA 95407
$7,750,760.45
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$8,031,150.00
Co
ntact: Kevin Wheat x3422
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on March 28 , 2023, between the City of Concord (“CITY”) and MNS Engineers, Inc., 2219 Buchanan Road Suite 11 , Antioch, CA 94509 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professiona l 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 J une 30, 2024.

2. SCOPE OF SERVICES . S ubject to such policy direction and approvals provided by the CITY's Authorized Representative , CONSULTANT shall provide consulting services for Treat Boulevard Pavement Rehabilitation Project, City Project Nos. 2559. described in detail in Exhibit A, a proposal from MNS Engineers dated February 15, 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 seven-hundred sixty-six thousand twenty-four dollars and twenty-four cents ($766,024.24) for the term of this Agreement. The total includes the sum of the base contract of six-hundred ninety-six thousand three-hundred eighty-five dollars and sixty -seven cents ($696,385.67) and a 10% contingency of sixty- nine thousand three - hundred eighty-seven dollars and fifty-seven cents ($69,387.57). 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 inc
lude adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 3

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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. A UTHORIZED 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 Greg Chelini, Vice President.

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

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

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28 restitution, quantum merit, or similar relief.

6. I NDEPENDENT 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 C ONSULTANT 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.

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

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8. P ERFORMANCE 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 th e 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. A
ll 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.

C
ONSULTANT’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.

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

10. INDEMNIFICATION.

A. For Design Prof essional 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 clai ms ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. Fo
r 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 term s 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. Com mercial General Liability Coverage . CONSULTANT shall maintain commercial general liability insuran ce 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. Au
tomobile Liability Coverage . CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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

C. Professional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreem ent. 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. Co
mpliance with State Workers' Compensation Requirements .

CONSULTANT c ovenants 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. Ot
her Insurance Provisions . The policies are to contain, or be endorsed to contain the following provisions:
(1) A dditional 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.

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

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

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

13. SUSPENSION OF WORK. C
ITY may, at any time, by ten (10) days’ written no tice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the 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. TERM
INATION. CITY may terminate this Agr eement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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

A. E qual Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Suc h actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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

16. CO
NFLICT OF INTEREST .

A. CONSULTANT covena nts 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 performanc e of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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28 or subcontractor without the express written consent of th e 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.

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

18. CHOICE OF LAW.

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

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28 19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligati on, 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 prio r 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, bin d 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 constru ed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any

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

23. F INANCIAL RECORDS . Records of CONSULTANT’s direct labor costs, payrol l 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 writin g 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: Greg Chelini
MNS Engineers, Inc.
2219 Buchanan Road, Suite 11
Antioch, CA 94509
Phone: (805) 896-9474

25. NO N- 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. EXE
CUTION. 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 t
he same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce

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28 or account for more than one such counterpart.

27. PROJECT STABILIZATION AGREEMENT . On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City constru ction 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 C
overed 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.

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

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28 CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Greg Chelini Name: Valerie Barone
Title: Vice President Title City Manager
Address: 2219 Buchanan Road, Suite 11 Address: 1950 Parkside Drive Antioch, CA 94509 Concord, CA 94519
Telephone: (805) 896 - 9474 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 $766,024.
24 Account Code: 407-9500-C999-74250 / 407-2559-117-74250

Finance Director's Signature

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Jan Feb M
ar Apr May Jun Jul Aug Sept Oct Nov Dec
62,757.60$
160 152 168 176 160 184 160 168 152 168 587,323.07$
Project Closeout 46,305.00$
Rol
e Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Project Manager / Resident Engineer 60 80 140 263.28 36,859.20$ Assistant Resident Engineer 80 80 192.57 15,405.60$
Office Engineer 24 40 64 163.95 10,492.80$
0 0 84 200 0 0 0 0 0 0 0 0 284 62,757.60$
Project Manager / Resident Engineer 100 100 100 80 80 80 540 263.28 142,171.20$ Assistant Resident Engineer 80 80 80 80 80 80 480 192.57 92,433.60$ Construction Inspector 168 176 160 184 160 120 968 179.79 174,036.72$ Office Engineer 60 60 60 60 60 60 360 163.95 59,022.00$ 0 0 0 0 408 416 400 404 380 340 0 0 2348 467,663.52$
Project Manager / Resident Engineer 80 80 263.28 21,062.40$ Assistant Resident Engineer 80 80 192.57 15,405.60$
Office Engineer 60 60 163.95 9,837.00$
0 0 0 0 0 0 0 0 0 0 220 0 220 46,305.00$
0 0 84 200 408 416 400 404 380 340 220 0 2852 576,726.12$ Anticipated Salary Escalation $0.00
Total Labor 576,726.12
$ 576,726.12
1,000.00$
1,000.00$
Sub Consultants
Materials Testing 118,659.55$
Public Outreach (optional)
118,659.55$
696,385.67$
Notes:

1. Hour
s per month based upon eigh-hour working days.

2. Estimate doesn't include any overtime (OT) hours. However, should OT hours be required due to contractor's schedule, non-exempt employees are subject to OT regulations (time and a half and doubletime).

3. Construction durations is 110 working days.

4. Prevailing Wage (PW) rates subject to PW adjustments.

5. Field Office not included

6. Support not included for delays due to weather, CCO, R/W, and claims filed by contractor in response to the Proposed Final Estimate.

PRE-CONSTRUCTION SUBTOTAL

PROJECT CLOSEOUT
Mauricio Rivera, PE
Mauricio Rivera, PE
Joe Nixa
Humza Mansoor
Marie Dunne

CONSTRUCTION
Construction Management Services
Treat Boulevard Pavement Rehabilitation Project (Phase 1) City of Concord
TOTAL
HOURS
Project Schedule
2023
TAS KS
TASKS

PRE-CONSTRUCTION
TOTAL COST 2023
Pre-Construction
Construction
Staff
HOURLY
RATE
AME

SUB-TOTAL
Humza Mansoor
Marie Dunne

PROJECT CLOSEOUT SUBTOTAL

PROJECT TOTAL
Humza Mansoor

CONSTRUCTION MANAGEMENT SUBTOTAL
Mauricio Rivera, PE
Miscellaneous
TOTAL
Direct Expenses
Circlepoint
Marie Dunne

SUB CONSULTANTS SUBTOTAL
Exhibit A to Attachment 3

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Mr. Mauricio Rivera, PE
Senior Construction Manager
MNS Engineers Inc.
401 Grand Ave., Ste. #500
Oakland, CA 94610
Subject: Proposal for Material Testing Services- Quality Assurance Treat Blvd. Pavement Rehab. Phase 1, Concord
Dear Mr. Rivera:

Fees: A. Hourly and Unit Costs & Basis of Charges.

B. Budget Estimate.

Please call if you have questions. We look forward to the opportunity of working with the Team.

Sincerely,
APPLIED MATERIALS & ENGINEERING, INC.

Mohammed Faiyaz, PE
Senior Project Manager
February 15, 2023
As requested, we are pleased to submit this proposal for providing material testing services for the subject project. The following items are included:

The fee proposal is based on a review project specifications, construction schedule and past experience with similar projects. Assumptions made are clearly stated, our desire was to provide thorough competitive fees.

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Per Hour
1 HMA Sampling, Group 3 $122.00
2 Compaction Testing, Group 3 $122.00
UNIT TEST COSTS Per Set
1 Concrete Compression, per set of 5 (includes pick-up) $400.00 2 Sieve Analysis, each $240.00
3 Sand Equivalent, each $125.00
4 Cleanness Value, each $280.00
5 Moisture Content, each $55.00
6 Durability Index, each $280.00
7 LA Abrasion $750.00
8 Concrete Aggregate Tests (2 Sieves, 1 Cleanness value, 2 moisture content, 1 sand eq.) $995.00 9 HMA JMF Verification or Production Startup, each $8,000.00 10 HMA Production Testing, each $4,500.00
11 Moisture-Density Curve or Cal Impact Test, each $450.00 12 Core Density, each $120.00
13 FDR Unconfined Compression, each $750.00

OTHER COSTS
1 Project Management, per hour $195.00
2 Final Affidavit, each $400.00

BASIS OF CHARGES
Minimum charge per call-out, show-up: 4 Hours
Work from 4-8 hours: Actual Time
Travel to job site: Portal-to-Portal
Mileage to shop & jobsite: $0.70 per mile
Parking: To be provided
Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time

CITY OF CONCORD

TREAT BOULEVARD PAVEMENT

MATERIAL TESTING FEES- QUALITY ASSURANCE
A. HOURLY AND UNIT COSTS & BASIS OF CHARGES

INSPECTION RATES
The estimated fees are based on the following State and Federally mandated prevailing hourly inspection rates and unit tests costs. Rates will be adjusted in accordance with DIR prevailing wage adjustments; currently due in July 2023. Certified payroll, if required, will be billed at higher rates.

PROJECT NUMBER 2559

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1 Hotmix Asphalt $ 67,772.32
2 FDR Sampling 34,880.00
3 Mileage Allowance 540.00
4 Project Management 4,680.00
SUB TOTAL $ 107,872.32
1 Basis:
a) Hotmix Sampling: 72 hours @ $122.00 per hour $ 8,784.00 b) Production Startup Testing 2 @ $8,000.00 each 16,000.00 c) HMA Production Testing: 7 @ $4,500.00 each 31,500.00 d) Core Density 96 @ $120.00 each 11,488.32
$ 67,772.32
2 FDR Sampling
Basis:
a) FDR Sampling: 40 hours @ $122.00 per hour $ 4,880.00 b) Unconfined Compression: 40 @ $750.00 each 30,000.00
$ 34,880.00
3 18 trips @ $30.00 per trip $ 540.00
4 24 hours @ $195.00 per hour $ 4,680.00
TOTAL $ 107,872.32

CITY OF CONCORD
PROJECT NUMBER 2559

MATERIAL TESTING FEES- QUALITY ASSURANCE
Hotmix Asphalt

TREAT BOULEVARD PAVEMENT
There is 9526T of Type G HMA and 14,408T of Type A HMA. Per the schedule, HMA will be placed in 18 days. As requested, we are budgeting for sampling every other day - 9 days of sampling and 9 laboratory test samples. We are assuming that the JMF's will be verified. We will test density of cores every 250T; cores to be removed by QC.

B. DETAILED FEES BY DISCIPLINE

SUMMARY OF FEES

BASIS FOR FEES
For each of the disciplines requiring our services we have provided the basis used by us for determining the fees. The following is a summary of our testing and inspection fees, followed by a detailed breakdown:

Sub-Total
Sub-Total
Project Management
Mileage Allowance
There are 366T of cement FDR and 318T of lime FDR. Per the schedule, FDR will placed 10 days. We are budgeting half days for sampling & one set of unconfined compression per day.

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Exhibit B to Attachment 3

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From: Ezell, Justin <[email protected]>
Sent: Tuesday, April 4, 2023 10:46 AM
To: Barone, Valerie <[email protected]>; McAuley, Wendy <[email protected]>
Cc: Fockler, Joelle <[email protected]>
Subject: FW: Question about Item 4e

This email is being shared with all Councilmembers.

Councilmember Obringer,

Please see below response to your question about Item 4e on tonight’s agenda.

Regards,

-Justin

Justin Ezell
Assistant City Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]

From: Enrile, Bernard <[email protected]> Sent: Monday, April 03, 2023 5:35 PM
To: Barone, Valerie <[email protected]>; Marstall, Kevin <[email protected]>; Thompson, Carlton
<[email protected]>
Cc: McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>
Subject: RE: Question about Item 4e

Valerie,

Pavement Maintenance Zone 1E&1F (PJ 2618, fund 407) is a light rehabilitation of the pavement on Concord Blvd from Bailey Rd to the city limits at the City of Clayton, and varying pavement rehabilitation (from light to heavy) on certain residential streets (the project also includes restriping and curb ramp upgrades as needed for ADA compliance).

Per the council report, staff intends to replace the transferred funds with similar fund 407 as part of a Mid-Cycle Budget transfer scheduled in June this year, so that Pavement Maintenance Zone 1E&1F (PJ 2618) remains fully funded and on schedule.

Benched Correspondence
Agenda Item No. 4.e
April 4, 2023

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Bernard Enrile
(925) 671-3031

From: Obringer, Carlyn <[email protected]> Sent: Sunday, April 2, 2023 1:53 PM
To: Barone, Valerie <[email protected]>
Subject: Question about Item 4e

Hi Valerie,
I read the following:

"Approval of a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407)."

What is project is Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407) currently scheduled to fund?

Thank you,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord

Carlyn Obringer
Councilmember, District 2
City of Concord
925-324-9595

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Staff Report
Date: April 4, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Abhishek Parikh, Deputy Director of Public Works – Transportation Prepared by: Winnie Chung, Transportation Program Manager [email protected]
(925) 671-3483
Subject: Considering certification of the final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance
Checklist for receipt of Fiscal Years 2021-22 and 2022-23 Local Street Maintenance and Improvement Funds and authorizing the Mayor to sign the Compliance Checklist.

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

Report in Brief
The Contra Costa Transportation Authority (CCTA) requires that the City Council certify the attached final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance Checklist as a condition for receiving Local Street Maintenance and Improvement (LSM) funds for Fiscal Years 2021-22 and 2022-23. The City of Concord is expected to receive $1.98 million in LSM funds for FY 2021-22 and $1.98 million in LSM funds for FY 2021-22.

Recommended Action
Certify the final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance Checklist for receipt of Fiscal Years 2021-22 and 2022-23 Local Street Maintenance and Improvement funds, and authorize the Mayor to sign the Compliance Checklist.

4.f4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
April 4, 2023
Background
The original Growth Management Program (GMP) contained in Measure C, approved by Contra Costa County voters in 1989, required CCTA to annually review local jurisdiction compliance with the GMP. In January 2001, CCTA changed the program to a biennial reporting period based on calendar years. Under the biennial program, funds are allocated to Cities and the County subject to submittal of a biennial Compliance Checklist (Checklist) by each local jurisdiction and a finding of compliance by CCTA.

CCTA provides Local Street Maintenance and Improvement (LSM) funds for the next two fiscal years (FY) based on a jurisdiction’s compliance with the previous two calendar years (CY).

Measure J was approved by Contra Costa County voters in 2004 and became effective on April 1, 2009, following the sunset of Measure C. The Checklist for CYs 2020 and 2021 covers the compliance reporting period of January 1, 2020 through December 31, 2021 under Measure J.

In order for the City of Concord to be eligible to receive LSM funds for FY 2021-22 and FY 2022-23, the City Council must first certify the Checklist (Attachment 1). City staff will then submit the certified Checklist to CCTA for a series of committee reviews and ultimate approval by the CCTA Board.

Each year, CCTA allocates approximately 20% of the Measure J sales tax collections to the local jurisdictions in the form of LSM funds. The remaining 80% of the Measure J revenues are made available to local jurisdictions on a competitive, project-by-project basis, or as determined by TRANSPAC or the other Regional Transportation Planning Committees in the County. The LSM funds are distributed proportionately among jurisdictions based on population and road miles. Total LSM funds available for distribution to local jurisdictions for FY 2021-22 are estimated at $19.44 million, of which $1.98 million will be allocated and paid to Concord as soon as the CCTA Board approves the certified Checklist.

Analysis
The City Council is required to certify consistency with Measure J requirements by addressing the following issues contained in the attached Checklist:
 Implementation of Action Plans
 New or Continued Development Mitigation Programs
 Housing Options
 Traffic Impact Studies
 Multi-jurisdictional Planning
 Five-year Capital Improvement Program (CIP)
 Transportation Systems Management Ordinance or Resolution

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City Council Agenda Report
Agenda Item No. 4.f
April 4, 2023
 Growth Management Element
 Urban Limit Line
 LSM Reporting and Audit Forms
The City of Concord is in compliance with all of these requirements and, therefore, staff recommends that the City Council certify the attached Checklist. Once certified by the City Council, Concord’s Checklist will be reviewed by two CCTA committees: (1) the Citizens Advisory Committee, and (2) the Planning Committee. The Checklist will then be forwarded to the CCTA Board for final approval and release of LSM funds. These funds will be used as part of the City’s CIP program to implement pavement rehabilitation projects, new traffic signal installations, and other citywide transportation improvements.

Financial Impact
The City of Concord will receive an estimated $1.98 million in LSM funds from CCTA for FY 2021-22 upon final approval of the certified Checklist by the CCTA Board. An additional $1.98 million of LSM funds will be granted by CCTA on the one-year anniversary of the payment date for the FY 2021-22 funds. The funds will be made available for LSM projects and incorporated into the City’s five-year Capital Improvement Plan.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15061(b)(3), 15273, and 15378, this activity is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted. CCTA staff has reviewed the attached Checklist and concurred with its findings and readiness to be certified by the City Council.

Attachment

1. Final Measure J Compliance Checklist for Calendar Years 2020 and 2021, with Exhibit A – Compliance Documents

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021
Measure J Growth Management Program Compliance Checklist

1. Action Plans YES NO N/A
a. Is the jurisdiction implementing the actions called for in the applicable Action Plan for all designated Routes of Regional Significance within the jurisdiction?
b. Has the jurisdiction implemented the following procedures as outlined in the Implementation Guide and the applicable Action Plan for Routes of Regional Significance?
i. Circulation of environmental documents,
ii. Analysis of the impacts of proposed General Plan amendments and recommendation of changes to Action Plans, and
iii. Conditioning the approval of projects consistent with Action Plan policies?
c. Has the jurisdiction followed the procedures for RTPC review of General Plan Amendments as called for in the Implementation Guide?

2. Development Mitigation Program YES NO
a. Has the jurisdiction adopted and implemented a local development mitigation program to ensure that new development pays its fair share of the impact mitigation costs associated with that development?
b. Has the jurisdiction adopted and implemented the regional transportation mitigation program, developed and adopted by the applicable Regional Transportation Planning Committee, including any regional traffic mitigation fees, assessments, or other mitigation as appropriate?
Attachment 1

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021

3. Address Housing Options YES NO
a. Has the jurisdiction prepared and submitted a report to the Authority demonstrating reasonable progress in providing housing opportunities for all income levels under its Housing Element? The report can demonstrate progress by
(1) comparing the number of housing units approved, constructed or occupied within the jurisdiction over the preceding five years with the number of units needed on average each year to meet the housing objectives established in its Housing Element; or
(2) illustrating how the jurisdiction has adequately planned to meet the existing and projected housing needs through the adoption of land use plans and regulatory systems which provide
opportunities for, and do not unduly constrain, housing development; or
(3) illustrating how its General Plan and zoning regulations facilitate improvement or development of sufficient housing to meet the Element’s objectives.

Note: A copy of the local jurisdiction’s annual progress report (Tables A thru C) to the state Department of Housing and Community Development (HCD) is sufficient.

b. Does the jurisdiction’s General Plan—or other adopted policy document or report—consider the impacts that its land use and development policies have on the local, regional and countywide transportation system, including the level of transportation capacity that can reasonably be provided?

Has the jurisdiction incorporated policies and standards into its development approval process that support transit, bicycle and pedestrian access in new developments?

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021

4. Traffic Impact Studies YES NO N/A
a. Using the Authority’s Technical Procedures, have traffic impact studies been conducted as part of development review for all projects estimated to generate more than 100 net new peak-hour vehicle trips? (Note: Lower traffic generation thresholds established through the RTPC’s Action Plan may apply).

b. If the answer to 4.a. above is “yes”, did the local jurisdiction notify affected parties and circulate the traffic impact study during the environmental review process?

5. Participation in Cooperative, Multi-Jurisdictional
Planning YES NO
a. During the reporting period, has the jurisdiction’s Council/Board representative regularly participated in meetings of the appropriate Regional Transportation Planning Committee (RTPC), and have the jurisdiction’s local representatives to the RTPC regularly reported on the activities of the Regional Committee to the jurisdiction's council or board? (Note: Each RTPC should have a policy that defines what constitutes regular attendance of Council/Board members at RTPC meetings.)

b. Has the local jurisdiction worked with the RTPC to develop and implement the Action Plans, including identification of Routes of Regional Significance, establishing Multimodal Transportation Service Objectives (MTSOs) for those routes, and defining actions for achieving the MTSOs?

c
. Has the local jurisdiction applied the Authority’s travel demand model and Technical Procedures to the analysis of General Plan Amendments (GPAs) and developments exceeding specified
thresholds for their effect on the regional transportation system, including on Action Plan MTSOs?

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021
YES NO
d. As needed, has the jurisdiction made available, as input into the countywide transportation computer model, data on proposed improvements to the jurisdiction’s transportation system, including roadways, pedestrian circulation, bikeways and trails, planned and improved development within the jurisdiction, and traffic patterns?

6. Five-Year Capital Improvement Program YES NO
Does the jurisdiction have an adopted five-year capital improvement program (CIP) that includes approved projects and an analysis of project costs as well as a financial plan for providing the improvements? (The transportation component of the plan must be forwarded to the Authority for incorporation into the Authority’s database of transportation projects)

7. Transportation Systems Management Program YES NO
Has the jurisdiction adopted a transportation systems management ordinance or resolution that incorporates required policies consistent with the updated model ordinance prepared by the Authority for use by local agencies or qualified for adoption of alternative mitigation measures because it has a small employment base?

8. Adoption of a voter-approved Urban Limit Line YES NO N/A a. Has the local jurisdiction adopted and continually complied with an applicable voter-approved Urban Limit Line as outlined in the Authority’s annual ULL Policy Advisory Letter?

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021
b. If the jurisdiction has modified its voter-approved ULL or approved a major subdivision or General Plan Amendment outside the ULL, has the jurisdiction made a finding of consistency with the Measure J provisions on ULLs and criteria in the ULL Policy Advisory Letter after holding a noticed public hearing and making the proposed finding publically available?

9. Adoption of the Measure J Growth Management
Element YES NO N/A
Has the local jurisdiction adopted a final GME for its General Plan that substantially complies with the intent of the Authority’s adopted Measure J Model GME?

10. Posting of Signs YES NO N/A
Has the jurisdiction posted signs meeting Authority specifications for all projects exceeding $250,000 that are funded, in whole or in part, with Measure C or Measure J funds?

11. Maintenance of Effort (MoE) YES NO
Has the jurisdiction met the MoE requirements of Measure J as stated in Section 6 of the Contra Costa Transportation
Improvement and Growth Management Ordinance (as amended)? (See the Checklist Instructions for a listing of MoE requirements by local jurisdiction.)

12. Submittal of LSM Reporting and Audit Forms YES NO
Has the local jurisdiction submitted a Local Street Maintenance and Improvement Reporting Form and Audit Reporting Form for eligible expenditures of 18 percent funds covering FY 2017-18 and FY 2018-19?

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: City of Concord
For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020-2021

13. Other Considerations YES NO N/A
If the jurisdiction believes that the requirements of Measure J have been satisfied in a way not indicated on this checklist, has an explanation been attached below?
Review and Approval of Checklist
This M
easure J GMP Compliance Checklist was prepared by:

Signature Date
Name & Title (print)
Phone Email
The Council of the City of Concord has reviewed the completed Checklist and found that the policies and programs of the jurisdiction as reported herein conform to the requirements for compliance with the Contra Costa Transportation Improvement and Growth Management Program.

Certified Signature (Mayor) Date
Name & Title (print)
Attest Signature (City Clerk) Date
Name (print)
2/28/2023
Winnie Chung, Transportation Program Mngr
925.671.3483 [email protected]

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Concord City CouncilApril 4, 2023

Concord City Council
April 4, 2023