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,
November 14, 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* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/88235658851?pwd=TzB7T6jmfKFoNLm7mYNBtVWi8QG PEA.hepDM7xpPsRCISXG or Zoom Webinar ID: 882 3565 8851 and Passcode:
788987
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.Watch 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 Nakamura
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. Proclamation – to Cristina Zaldana, Rainbow Community Center, proclaiming November 14, 2023, as "Transgender Day of Remembrance" in the City of Concord. Presentation by Mayor Hoffmeister. b. Proclamation – to Kevin Cabral, President/CEO of the Greater Concord Chamber of Commerce, and Jenniffer Jimenez, Owner of La Fritanguera, proclaiming November 25, 2023, as "Small Business Saturday" in the City of Concord. Presentation by Mayor Hoffmeister.
4. CITY COUNCIL 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. a. Considering – approval of a maintenance services agreement with Professional Powerwashing and Maintenance, Inc. (PPWPM, Inc.) in the not- to-exceed amount of $59,423.70 for one-time power washing of the City- owned parking garage at 2255 Salvio Street (Project # 2685 Cleanliness of Downtown Garages); and authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney. (Funded by the American Rescue Plan Act) Recommended by the Director of Public Works.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or 15301.
4 5. CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)
CONSIDERATION ITEM
The public is entitled to address the LRA on items appearing on the agenda before or during the LRA’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Study Session – on BCUS Acquisitions LLC's (Brookfield's) conceptual land use plan for the development of the former Concord Naval Weapons Station and draft Outreach program for public engagement during the future Specific Plan process. Report by Guy Bjerke, Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15262, 15378, and/or 15061(b)(3).
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 11/28/2023 6:30 p.m.
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
Staff Report
Date: November 14, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Ken Yee, Facilities Maintenance Manager
[email protected]
(925) 671-3025
Subject: Considering approval of a maintenance services agreement with Professional Powerwashing and Maintenance, Inc.
(PPWPM, Inc.) in the not-to-exceed amount of $59,423.70 for one-time power washing of the City-owned parking garage at 2255 Salvio Street (Project # 2685 Cleanliness of Downtown Garages); and authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney. (Funded by the American Rescue Plan Act)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), 15378, and/or 15301.
Report in Brief
This report requests approval of a contract with Professional Powerwashing and Maintenance, Inc. (DBA PPWPM, Inc.) in the not-to exceed amount of $59,423.70 to provide one-time pressure washing services of interior walls, columns, ceiling structural beams, and parking stalls at the City-owned parking garage located at 2255 Salvio Street. This work is being done as part of a larger project to improve thesafety, security, and cleanliness of both downtown public parking garages.
The City currently has an agreement with PPWPM, Inc., AA No. 3283-A, in the amount of $76,000 for monthly pressure washing of stairwells at both City owned garages located at 2255 and 2051 Salvio St, for the current fiscal year 2023-2024. Per the City’s municipal code 3.10.040, Council approval is required when a vendor’s spending
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City Council Agenda Report
Agenda Item No. 4.a
November 14, 2023
authority for a given year exceeds the minimum threshold established under Resolution No. 21-43, adopted on June 8, 2021; the minimum threshold for fiscal year 2023-2024 is $85,000. As the low bidder, PPWPM’s Inc. spending authority would exceed the City’s Managers approved threshold for fiscal year 2023-2024 and requires Council approval.
Recommended Action
Approve an Agreement with Professional Powerwashing and Maintenance, Inc. (PPWPM, Inc.) in the not-to-exceed amount of $59,423.70 for one-time pressure washing at the City-owned parking garage at 2255 Salvio Street to prepare the garage for painting and repairs, and authorize 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.
Background/Analysis
The City owns, operates, and maintains two public garages near Todos Santos Plaza.
The City operates these two public parking garages free of charge to support public attendance at music and market, festivals, farmers’ markets, and other public events in Todos Santos Plaza, and in support of the parking needs of the City’s downtown businesses. In recent years, these garages have experienced repeated acts of vandalism with broken windows, graffiti, defaced signage, and trash.
On February 7, 2023, the City Council adopted Resolution No. 23-7 approving and appropriating $500,000 one-time American Rescue Plan Act of 2021 (“ARPA”) funds to enhance the safety, security, and cleanliness of the two City-owned downtown public parking garages. These enhancements include pressure washing, interior wall painting, window repairs and replacements, additional lighting, and camera installation. Currently, the camera installation and window repairs are in progress and planned for completion by end of year, with painting and lighting upgrades planned following the completion of the pressure washing phase of the project.
Procurement Process
On September 25, 2023, in accordance with the City’s Purchasing Ordinance, Public Works staff informally solicited bids for the pressure washing phase for each of the City owned garages at 2255 and 2051 Salvio Street garages. After analyses of all bids, Public Works staff determined that PPWPM, Inc. met all City contractual requirements as the lowest responsive bidder for pressure washing 2255 Salvio Street garage (Old Garage) in the amount of $59,423.70. Per the City’s municipal code 3.10.040, Council approval is required, as PPWPM Inc spending authority would exceed the City Manager’s thresholds for fiscal year 2023-2024.
The selected lowest responsive bidder for 2051 Salvio Street garage was Gente Painting Inc. in the amount of $43,750. The selected vendors fiscal year 2023-2024 spending authority was under City Manager threshold per City’s municipal code
City Council Agenda Report
Agenda Item No. 4.a
November 14, 2023
3.10.040 and did not require Council approval to award. On October 24, 2023, the City Manager executed an agreement with Gente Painting Inc. and work is anticipated to begin in the coming weeks.
Financial Impact
There is no financial impact, as this project is part of Project No. 2685, Cleanliness of Downtown Garages Project (ARPA funded).
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (“CEQA”) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is considered categorically exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15301 – Existing Facilities. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 1530.2 apply.
Public Contact
The City Council Agenda was posted.
Attachments
1. Site Location Map – 2255 Salvio St., Concord, CA
2. Maintenance Services Agreement with PPWPM, Inc. with Exhibit A, Scope of Services
Pressure Washing Salvio Street
Parking Garage 11/14/23 Council Item
Attachment 1
Project Location - 2251 Salvio St
100 ft
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MAINTENANCE SERVICES AGREEMENT
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Attachment 2
THIS AGREEMENT (“Agreement”) is entered into on November 14, 2023 between the City of Concord, a California municipal corporation (“CITY”) and Professional Powerwashing and Maintenance Inc., 880 Howe Ave., Suite E, Martinez, California 94553 (“CONTRACTOR”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONTRACTOR to provide the services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on November 14, 2023 and expire on May 1, 2024.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY’s authorized representative, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT.
A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONTRACTOR exceed Fifty Nine Thousand Four Hundred Twenty-Three dollars and seventy cents ($59,423.70). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.
CONTRACTOR 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 CONTRACTOR for services rendered within forty-five (45) days of 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.
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Where the CITY is not the final authority over the work product (or applicable portion thereof), the CITY reserves the right to withhold 10% of the compensation amount under this Agreement, until such time as: (i) the final authority or agency provides comments regarding the work product (or applicable portion thereof), and these are satisfactorily incorporated into the work product (or applicable portion thereof); OR (ii) approval is granted for the work product (or applicable portion thereof) by the final approving authority/agency.
B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.
CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.
CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.
CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know
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or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Ken Yee, Facilities Manager of the Public Works Department. The CONTRACTOR’s authorized representative is Brandon Cody, Owner.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.
A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.
B. 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 CONTRACTOR not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000.
Any additional compensation to CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
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C. Waiver. CONTRACTOR’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.
Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR 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, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., 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.
CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR.
7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to
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CITY that CONTRACTOR is skilled and able to provide such services described in the Scope of Services 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. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) 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 CONTRACTOR.
CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.
CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'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. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY upon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.
Work Materials are instruments of CONTRACTOR’s services in respect to this project, and 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 CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or
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legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.
CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.
10. INDEMNIFICATION.
A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.
B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non-performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
This Section 10 shall survive expiration or other termination of this Agreement.
11. INSURANCE. CONTRACTOR agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated
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herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
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 written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.
All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all 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 CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONTRACTOR agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer;
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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. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR of CONTRACTOR’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
A. CONTRACTOR 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 CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.
CONTRACTOR 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. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:
(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).)
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17. COMPLIANCE WITH LAWS. CONTRACTOR 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, and permits for the conduct of its business and the performance of the services.
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.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this 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 this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this 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. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”
21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It
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merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this 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. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONTRACTOR’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 first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.
To CITY: Ken Yee,
Facilities Maintenance Manager
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City of Concord
1455 Gasoline Alley
Concord, CA 94519-2578
Telephone: (925) 699-3303
Email:
[email protected]
To CONTRACTOR: Brandon Cody, Owner
Professional Powerwashing and Maintenance
880 Howe Ave., Suite E
Martinez, California, 94553
Telephone: (925) 968-6464
Email:
[email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. 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 or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONTRACTOR: CITY:
Professional Pressurewashing and Maintenance, Inc City of Concord, a California municipal corporation
By:_________________________________ By:______________________________ Name: Brandon Cody Name: Valerie J. Barone
Title: Owner Title City Manager
Address: 880 Howe Ave., Suite E Address: 1950 Parkside Drive Martinez, California, 94553 Concord, CA 94519
Telephone: (925) 968-6464 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Brown Joelle Fockler MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:________________
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023-2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $59,423.70. Account Code: 274268511163800.
Finance Director's Signature
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EXHIBIT “B”
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONTRACTOR shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONTRACTOR’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONTRACTOR shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONTRACTOR that CONTRACTOR has no employees.
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If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONTRACTOR. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONTRACTOR shall also provide timely and prompt notice to CITY if CONTRACTOR receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONTRACTOR’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONTRACTOR’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, agents, employees, or volunteers.
4. Verification of Coverage. CONTRACTOR 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.
5. Inclusion in Subcontracts. To the extent any of the services required of CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
PPWPM, Inc.
3253 Estates Ave
Pinole, CA 94564 US
+1 9259686464
[email protected]
Estimate
ADDRESS
City of Concord
1950 Parkside Dr
Concord, CA 94519
SHIP TO
City of Concord
1950 Parkside Dr
Concord, CA 94519
ESTIMATE # 12226
DATE 11/01/2023
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Parking Garage
Cleaning
******Cleaning of 2255 Salvio
St. Parking Garage*********
Power-washing of the City
Garage (Salvio Street & Todos
Santos Plaza) Include all interior
walls, columns, and ceiling
structural
beams (not ceilings). We use
the best quality.
cleaning detergents. Let the
detergent dwell for five to ten
minutes. Wash the floor hard
with a surface cleaner of
pressure wand. Once all of the
dirt and grime has been lifted
from the concrete or asphalt—it
is then time to do a thorough
flush and rinse on those areas.
to contain all of the dirt, sand,
salt, debris, etc. Leaving it
cleaned & sanitized.
1 59,423.70 59,423.70
Working hours will be from 6:00
P.M. to 6:00 A.M.
Please also note that any
contracted work will be
scheduled: To avoid event days
in the Plaza (such as Farmers’
Market)
To post NO PARKING signage
at least three (3) days in
advance
Exhibit A to Attachment 2
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
To coordinate with Public Works
on scheduling
PPWPM agrees to follow the following procedures & regulations pertaining to this job.
Comply with all local wastewater authority’s requirements for discharge.
Comply with all regulatory codes and regulations.
Obtain Central Contra Costa Sanitary District Mobile Washer permit.
Protect and cover all catch basins and apply/install oil absorbents.
Protect all city equipment and properties from water damage.
Pressure wash all interior walls, floors and ceiling beams.
Collect wastewater runoff for proper sewer disposal.
Use only environmentally safe cleaning chemicals.
TOTAL $59,423.70
Accepted By Accepted Date
Staff Report
Date: November 14, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Study Session on BCUS Acquisitions LLC's (Brookfield's) conceptual land use plan for the development of the former Concord Naval Weapons Station and draft Outreach program for public engagement during the future Specific Plan process.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15262, 15378, and/or 15061(b)(3).
Report in Brief
Brookfield is preparing a conceptual land use plan and conceptual financial proforma as the basis for a Term Sheet to be negotiated with staff and accepted by the Local Reuse Authority (LRA) at a future meeting.
This study session provides the City Council and public the opportunity to hear and comment on Brookfield’s thinking about a conceptual land use plan that can translate the adopted Area Plan into a successful Specific Plan. Brookfield will also map out their current and future community outreach efforts.
The LRA team and Brookfield are in the process of negotiating the business terms of the Term Sheet. The conceptual land use plan serves as the basis for determining the numbers (acreage/units/square footage) and dollars (revenue/costs) that drives the conceptual financial proforma demonstrating a project that works. The Council’s input at this Study Session on the conceptual land use plan will help both the LRA team and Brookfield return with an acceptable Term Sheet for future City Council consideration.
Staff anticipates returning to Council with a Term Sheet on January 16, 2024.
5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
November 14, 2023
Recommended Action
Conduct Study Session:
Hear Staff and Brookfield presentation,
Ask clarifying questions,
Take public comment, and
Provide Council input on the concept plan and the public process to Brookfield and staff.
Background
The City Council, acting as the Local Reuse Authority, entered into an Exclusive Agreement to Negotiate (ENA) with Brookfield Properties regarding the development of the Community Reuse Project at the former Concord Naval Weapons Station on September 19, 2023.
Brookfield is using BCUS Acquisitions LLC as their acquiring entity.
The ENA creates a Preliminary Stage negotiation period of 120 days to allow Brookfield to prepare and propose a Term Sheet to the LRA. The parties are currently in the middle of the Preliminary Stage negotiation period and plan to return to the City Council with a Term Sheet on January 16, 2024.
Analysis
During the Council meeting on November 14, staff and the Brookfield will make a presentation to Council and cover the following topics:
Reuse Project Status – What’s a Term Sheet? – See Attachment 1 Brookfield Presentation – See Attachment 2
a. Community Outreach and progress to date
b. Engagement and Input during the Specific Plan process c. Preliminary Project phasing and land use
After the meeting on November 14, LRA and Brookfield staff will complete the negotiation of the Term Sheet with the goal of releasing it to the City Council and public by January 2, 2024 for consideration by the City Council at a special meeting tentatively set for January 16, 2024.
Financial Impact
The work of the LRA to negotiate the Term Sheet is being paid for by a deposit made by Brookfield under the terms of the Exclusive Agreement to Negotiate.
City Council Agenda Report
Agenda Item No. 5.a
November 14, 2023
Environmental Determination
This activity (i.e. this study session) does not commit the City to a definite course of action with respect to the subject property, and this activity does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378. Even if this activity is a project for CEQA analysis, it falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) 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, the activity is not subject to CEQA.
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Appropriate CEQA analysis will occur in connection with formal negotiations for the Disposition and Development Agreement for the Reuse Project property.
Public Contact
The City Council Agenda was posted. LRA staff posted this staff report with attachments to the Reuse Project website on November 7, 2023 and sent an e-mail announcing the meeting to those registered to receive such notifications on the City’s and Reuse Project’s website..
Attachments
1. LRA-Brookfield ENA Diagram
2. Brookfield Presentation
Term Sheet Study Session:
Conceptual Land Use Plan and
Draft Community Outreach Program
GUY BJERKE, DIRECTOR OF ECONOMIC DEVELOPMENT
AND BASE REUSE
NOVEMBER 14, 2023
1 Attachment 1
Study Session Presentation
1. Reuse Project Status – What’s a Term Sheet?
2. Brookfield Presentation
a. Community Outreach and progress to date
b. Engagement and Input during the Specific Plan process c. Preliminary Project phasing and land use
3. City Council Questions
4. Public Comments
5. Council Comments
2
3
One Team.
A Partnership to
Build the Vision,
Together.
Concord Naval Weapons Station
Community Reuse Project
+
Attachment 2
Brookfield Properties Preliminary Community Engagement
2 Our team’s preliminary outreach has set the stage for robust future engagement. We have met with and will continue to engage local officials, community leaders and organizations.
3 Outreach Sentiment
Contra Costa County, CA
Inland Area of the base deactivated
Local Reuse Authority (LRA) launches
massive public outreach campaign
Community Advisory Committee provided input and encouraged public participation Reuse Plan and EIR developed based on community input and approved Detailed Area Plan and EIR amendment prepared and adopted Lennar and City hosted community workshops, neighborhood meetings and monthly CAC meetings to provide input on the Specific Plan
City launched new Master Developer selection process
Brookfield Properties selected as Master Developer
Brookfield Properties begins community outreach and meetings with community members and organizations
4 Building on Two Decades of Community Engagement
For nearly two decades, the Concord community has been an integral partner at every major project milestone, sharing their thoughts, visions and hopes for the future of the Concord Naval Weapons Station. • Hundreds of comment cards, emails and letters received • Multiple community meetings, working sessions, focus
groups, stakeholder interviews, phone surveys conducted and more
• Council approved project Goals and Guiding Principles established by the community
1997
2006
2011-2012
2017-2018
2021-2023
Aug. 2023
Sep.-Dec. 2023
2006-2010
Look How Far We’ve Come
2006-2010
WHERE WE
STARTED
2011-2012
2023-2026
WHERE WE ARE
Specific Plan |
This plan will bring the Area Plan to life by designing the layout, uses, and features of development. It provides detailed guidance for how the site will look and feel, including character of buildings, public spaces and community facilities as well as transportation.
Area Plan | COMPLETED & APPROVED
This plan captures the community’s vision and translates it into policies and standards for land use, transportation, environmental protection, labor agreements, affordable housing, and public safety.
Reuse Plan| COMPLETED & APPROVED
This plan articulated the community’s idea for the land uses and development program to convert the CNWS to civilian use. Involved extensive community participation, site analysis and studies, and the environmental review process.
OPPORTUNITY TO ENGAGE
AND HELP SHAPE
5
Brookfield Properties is partnering with
Keadjian Associates, a local communications
and community engagement agency based in
Walnut Creek, California.
Our dedicated local team is
excited to support the City of
Concord and Brookfield
Properties community
outreach and engagement for
this important project.
6 Brookfield Properties Engagement
Team
Extensive military base reuse expertise
A leading with listening approach
25+ years of experience engaging and
collaborating with communities across the Bay Area
7 Doing This Together!
BUILD on the City and community’s
considerable work and established goals
LISTEN and learn from the community
through open and inclusive dialogue
INVITE input from wide range of stakeholders
and public to inform the Specific Plan
CREATE opportunities for the exchange
of ideas, inspirations and experiences
Engagement Objectives and Approach
Community
Events and
Workshops
Ongoing
Listening and
Engagement
Resources
and Information
Sharing
Additional
Feedback
Channels
8 Engagement Opportunities and Resources
The multi-channel engagement approach will create opportunities for community members and stakeholders to actively engage, share feedback and contribute throughout each step of the process. • Community open
ho
uses
• Focused workshops
(e.g. parks)
• Stakeholder meetings
a
nd listening sessions
• Neighborhood
mee
tings
• Community-based
organizations (CBO) and
civic group engagement
• Booths at farmers
markets and public
gatherings
• Dedicated website
• Progress updates
• Quarterly newsletter
• Social media updates
• M
ultilingual resources
• Community information
ho
tline
• Dedicated email inbox
• Community surveys
Engagement Opportunities
9
2024 2025 2026
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
CNWS Specific Plan/
EIR Period
Local Reuse Authority/
City Council
Community-wide
Events and Workshops
Ongoing Listening and
Engagement
Resources and
Information
Additional Feedback
Channels
Timeline is conceptual and subject to change based on project milestones and community input Community Engagement Timeline
10 Approved
Term Sheet EIR development City Council Hearing
Planning Commission
HearingSpecific Plan development
City Council updates
Community open houses
Focused workshops
1x1 stakeholder meetings and listening sessions
Neighborhood meetings
CBO and civic group engagement
Booths at farmers’ markets and public gatherings
Ongoing sharing of community resources and information through website updates, quarterly newsletter, regular social media updates and other progress updates in multiple languages
Rapid response to email inbox and information line
Conduct community surveys
Building a Place that Enhances the
Identity of Concord
1 1
Design Principles
12
Site Constraints
13 PRELIMINARY DRAFT
Backbone Infrastructure
14 PRELIMINARY DRAFT
Backbone Infrastructure – Highlighted Internal Loop
15 PRELIMINARY DRAFT
PRELIMINARY DRAFT
Landform
16 PRELIMINARY DRAFT
Orientation of Three Grids
17 PRELIMINARY DRAFT
Landform - Rotated Campus
18 PRELIMINARY DRAFT
Conceptual Project Phasing
19 PRELIMINARY DRAFT
Open Space + Recreation Lands
20 PRELIMINARY DRAFT
Open Space + Community Facilities
21 PRELIMINARY DRAFT
Conceptual Preliminary Land Use Plan
22 PRELIMINARY DRAFT
Conceptual Preliminary Land Use Plan – Aerial Looking South 23 PRELIMINARY DRAFT
Conceptual Preliminary Land Use – TOD Detail
24 PRELIMINARY DRAFT
PRELIMINARY DRAFT
25 Next Steps
Brookfield Properties
is engaging with the
LRA team to develop
working term sheet
Brookfield
Properties will
present a working
term sheet to
Council, January 16,
2024
Specific Plan and
EIR development
begin
Thank you for your time!
The Future is Bright.
We’d love to hear from you!
[email protected]
925-430-7378