Agenda packet — Concord City Council, April 23, 2024 (part 3 of 5)

GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman

Page 67 of 131 ends

GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------

SANTA CLARA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
FOOTNOTES:

Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker;

Page 68 of 131 ends

Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

Page 69 of 131 ends

performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman

Page 70 of 131 ends

GROUP 4: Gunite laborer
----------------------------------------------------------

MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2023

FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0294-002 07/01/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 36.26 27.30
Traffic Control Person I....$ 36.56 27.30
Traffic Control Person II...$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0294-005 06/26/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72

Page 71 of 131 ends

Shotcrete Specialist........$ 46.41 27.72

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0294-008 06/26/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 36.08 27.30
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

Laborers working off or with or from bos'n chairs, swinging

Page 72 of 131 ends

scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small

Page 73 of 131 ends

diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling

Page 74 of 131 ends

and moving to the next point of erection"".
--------------------------------------------------------

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN

JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-011 07/01/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0304-002 07/01/2023

ALAMEDA COUNTY
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 37.26 27.30
Traffic Control Person I....$ 37.56 27.30
Traffic Control Person II...$ 35.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.

Page 75 of 131 ends

---------------------------------------------------------------- LABO0304-003 06/26/2023

ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:

ALAMEDA COUNTY
Rates Fringes

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)

Page 76 of 131 ends

(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
FOOTNOTES:

Page 77 of 131 ends

GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

Page 78 of 131 ends

GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

ALAMEDA COUNTY
Rates Fringes
Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0304-008 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Plasterer tender.................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0324-002 07/01/2023

CONTRA COSTA COUNTY

Page 79 of 131 ends

Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:

CONTRA COSTA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT

Page 80 of 131 ends

LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 1-g...................$ 36.70 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
FOOTNOTES:

Page 81 of 131 ends

joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters

Page 82 of 131 ends

GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including

Page 83 of 131 ends

repair of voids; Precast manhole setters, cast in place manhole form setters
---------------------------------------------------------------- LABO0324-014 07/01/2023
CONTRA COSTA COUNTY:

Rates Fringes
Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-018 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete

Page 84 of 131 ends

nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO1130-005 07/01/2023

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes

LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO1130-007 06/26/2023

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES
Rates Fringes

LABORER (GARDENERS,

Page 85 of 131 ends

GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

Page 86 of 131 ends

GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or

Page 87 of 131 ends

temporary jobsite yard.

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA

CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters:........................$ 50.51 27.66 PREMIUMS:

EXOTIC MATERIALS - $1.25 additional per hour.

SPRAY WORK: - $0.50 additional per hour.

Page 88 of 131 ends

INDUSTRIAL PAINTING - $0.25 additional per hour
[Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
---------------------------------------------------------------- PAIN0016-003 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN

JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 60.41 31.34
AREA 2......................$ 56.28 29.94
---------------------------------------------------------------- PAIN0016-012 01/01/2023

ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,

SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes
SOFT FLOOR LAYER.................$ 55.25 32.63 ---------------------------------------------------------------- PAIN0016-015 01/01/2023

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

COUNTIES
Rates Fringes

PAINTER
Brush.......................$ 38.23 22.05
FOOTNOTES:

SPRAY/SANDBLAST: $0.50 additional per hour.

EXOTIC MATERIALS: $1.25 additional per hour.

HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour.
---------------------------------------------------------------- PAIN0016-022 01/01/2023

SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 51.04 27.28 ---------------------------------------------------------------- PAIN0169-001 01/01/2023

Page 89 of 131 ends

FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:

Rates Fringes
GLAZIER..........................$ 44.33 28.88 ---------------------------------------------------------------- PAIN0169-005 01/01/2023

ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN

MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 55.77 32.45 ---------------------------------------------------------------- PAIN0294-004 07/01/2023

FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes

PAINTER
Brush, Roller...............$ 34.49 21.80
Drywall Finisher/Taper......$ 35.74 21.80
FOOTNOTE:

Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25
additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023

FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER.................$ 38.53 23.19 ---------------------------------------------------------------- PAIN0767-001 01/01/2023
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
GLAZIER..........................$ 43.15 33.72 PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation.
---------------------------------------------------------------- PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes

Page 90 of 131 ends

Parking Lot Striping/Highway
Marking:

GROUP 1.....................$ 40.83 17.62
GROUP 2.....................$ 34.71 17.62
GROUP 3.....................$ 35.11 17.62

CLASSIFICATIONS
GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 2: Gamecourt & Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
---------------------------------------------------------------- PAIN1237-003 01/01/2024
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SOFT FLOOR LAYER.................$ 48.54 26.59 ---------------------------------------------------------------- PLAS0066-002 07/01/2019
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:

Rates Fringes
PLASTERER........................$ 42.41 30.73 ---------------------------------------------------------------- PLAS0300-001 07/01/2018
Rates Fringes

PLASTERER
AREA 188: Fresno...........$ 32.70 31.68
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 32.88 31.68
AREA 295: Calaveras & San
Joaquin Couonties...........$ 32.70 31.68
AREA 337: Monterey County..$ 32.88 31.68
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties...........$ 32.70 31.68
---------------------------------------------------------------- PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27 ---------------------------------------------------------------- PLUM0038-001 07/01/2023

SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 85.50 48.98

Page 91 of 131 ends

---------------------------------------------------------------- PLUM0038-005 07/01/2022

SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 69.70 33.15 ---------------------------------------------------------------- PLUM0062-001 01/01/2024

MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 52.00 40.90 ---------------------------------------------------------------- PLUM0159-001 07/01/2023

CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration...........$ 63.33 46.64
(2) All other work..........$ 62.12 45.24
---------------------------------------------------------------- PLUM0246-001 01/01/2024

FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 48.85 40.09 ---------------------------------------------------------------- * PLUM0246-004 01/01/2017

FRESNO, MERCED & SAN JOAQUIN COUNIES
Rates Fringes
PLUMBER (PIPE TRADESMAN).........$ 13.00 ** 10.74 PIPE TRADESMAN SCOPE OF WORK:

Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground
preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the
preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions;
Setting up and tearing down work benches, ladders and job

Page 92 of 131 ends

shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman
---------------------------------------------------------------- PLUM0342-001 07/01/2023

ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes

PIPEFITTER
CONTRA COSTA COUNTY.........$ 74.00 47.45

PLUMBER, PIPEFITTER,

STEAMFITTER
ALAMEDA COUNTY..............$ 74.00 47.45
---------------------------------------------------------------- PLUM0355-004 07/01/2022

ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,

MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:

Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 32.22 17.55
---------------------------------------------------------------- PLUM0393-001 07/01/2021

SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63 ---------------------------------------------------------------- PLUM0442-001 01/01/2024

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 52.90 36.39 ---------------------------------------------------------------- PLUM0467-001 07/01/2021

SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 73.10 38.61 ---------------------------------------------------------------- ROOF0027-002 01/01/2024

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 42.51 16.11 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any

Page 93 of 131 ends

building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off:
$2.00 per hour additional.
---------------------------------------------------------------- ROOF0040-002 08/01/2023
SAN FRANCISCO & SAN MATEO COUNTIES:

Rates Fringes
ROOFER...........................$ 52.43 22.19 ---------------------------------------------------------------- ROOF0081-001 08/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Roofer...........................$ 52.47 22.31 ---------------------------------------------------------------- ROOF0081-004 08/01/2023

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
ROOFER...........................$ 46.73 21.36 ---------------------------------------------------------------- ROOF0095-002 08/01/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:

Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 57.17 21.51
Journeyman..................$ 53.17 21.51
Kettle person (2 kettles)...$ 55.17 21.51
---------------------------------------------------------------- SFCA0483-001 01/01/2024

ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:

Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 74.63 38.51 ---------------------------------------------------------------- SFCA0669-011 01/01/2024

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,

SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SPRINKLER FITTER.................$ 44.32 27.83 ----------------------------------------------------------------

Page 94 of 131 ends

SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes

SHEET METAL WORKER
AREA 1:

Mechanical Contracts
under $200,000.............$ 55.92 45.29
All Other Work.............$ 64.06 46.83
AREA 2......................$ 52.90 36.44
AREA 3......................$ 55.16 34.18
---------------------------------------------------------------- SHEE0104-003 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.34 39.22 ---------------------------------------------------------------- SHEE0104-005 07/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 41.28 45.41 ---------------------------------------------------------------- SHEE0104-007 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.07 40.79 ---------------------------------------------------------------- SHEE0104-015 07/01/2020

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:

Rates Fringes
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 44.45 35.55 ---------------------------------------------------------------- SHEE0104-018 07/01/2020

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
Sheet metal worker (Metal

Page 95 of 131 ends

decking and siding only).........$ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2022
Rates Fringes
Truck drivers:

GROUP 1.....................$ 36.95 31.14
GROUP 2.....................$ 37.25 31.14
GROUP 3.....................$ 37.55 31.14
GROUP 4.....................$ 37.90 31.14
GROUP 5.....................$ 38.25 31.14
FOOTNOTES:

Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry
pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate.

Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up
truck: Use appropriate rate for the power unit or the
equipment utilized.

TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro-lift or
Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter

Page 96 of 131 ends

pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

Page 97 of 131 ends

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

Page 98 of 131 ends

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"

Page 99 of 131 ends

ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The
name of the “CONSULTANT” is as follows:

Park Engineering
Inc
orporated in the State of California
The name of the “LOCAL AGENCY” is as follows:

City of Concord
The
Contract Administrator for LOCAL AGENCY will be Kevin Wheat B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated March 28, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference.

If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CO
NSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONS
ULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LO
CAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any
third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CO NSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Local AGENCY. However, claims for money due or which become Attachment 4

Page 100 of 131 ends

due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS

A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK

A. CONSULTANT Services
CONSULTANT’S scope of work is attached as Attachment #1.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
CONSULTANT’S scope of work is attached as Attachment #1.

C. Surveys
CONSULTANT’S scope of work is attached as Attachment #1.

D. Subsurface Investigations
CONSULTANT’S scope of work is attached as Attachment #1.

E. Local Agency Obligations
LOCAL AGENCY will provide CONSULTANT with as-built record drawings and GIS right of way information depending on availability of these documents.

Page 101 of 131 ends

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
CONSULTANT’S scope of work is attached as Attachment #1.

H. CONSULTANT Services During Construction

CONSULTANT’S scope of work is attached as Attachment #1.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on 4/23/24, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on 6/30/25, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $14,269.68. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

Page 102 of 131 ends

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Concord Engineering Services
1950 Parkside Drive MS/40, Concord, CA 94519

I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $213,363.12 (base fee of $193,966.47 and 10% contingency of $19,396.65.

J. F or personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. T his AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. L OCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. I n the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

Page 103 of 131 ends

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and

Page 104 of 131 ends

ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL

Page 105 of 131 ends

AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING

A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established

Page 106 of 131 ends

LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representative’s at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:

a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

Page 107 of 131 ends

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.

c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under

Page 108 of 131 ends

the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:

a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.

b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.

c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.

d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all

Page 109 of 131 ends

applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING

A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

Page 110 of 131 ends

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

Page 111 of 131 ends

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.

General Services Administration are to be determined by FHWA.

Page 112 of 131 ends

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 11%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O 2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AG REEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. C
ONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The LOCAL AGENCY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible

E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f).

If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the LOCAL AGENCY’s Contract Administrator.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the

Page 113 of 131 ends

amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F
: Final Report-Utilization of Disadvantaged Business
Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

L
. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE

A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance documenting the following insurance coverage:

1. Commercial General Liability Policy: CONSULTANT 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 LOCAL AGENCY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to LOCAL AGENCY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by LOCAL

Page 114 of 131 ends

AGENCY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT 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). 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.

4. Workers Compensation: 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 LOCAL AGENCY, 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 LOCAL AGENCY, 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 CONSULTANT that CONSULTANT has no employees.

If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the LOCAL AGENCY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. 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. LOCAL AGENCY, 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 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 LOCAL AGENCY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name LOCAL AGENCY as an additional insured and provide for notice of cancellation to LOCAL AGENCY. CONSULTANT shall also provide timely and prompt notice to LOCAL AGENCY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to LOCAL AGENCY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by LOCAL AGENCY, its officers, officials, agents, 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 LOCAL AGENCY, its officers, officials, agents, employees, or volunteers.

Page 115 of 131 ends

4. Verification of Coverage. CONSULTANT shall furnish LOCAL AGENCY 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 LOCAL AGENCY 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. LOCAL AGENCY reserves the right to require complete certified copies of all required insurance policies at any time.

Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

Page 116 of 131 ends

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT , the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good- faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Capital Improvement Program Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

Page 117 of 131 ends

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

Page 118 of 131 ends

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI RETENTION OF FUNDS

A. No retainage will be withheld by LOCAL AGENCY from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A-E of the TITLE VI ASSURANCES

Page 119 of 131 ends

The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if applicable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any
deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:

a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination:

CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agr
eements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports:

CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not
to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.

Page 120 of 131 ends

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-a greement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM

Page 121 of 131 ends

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THEACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non- discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

Page 122 of 131 ends

C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-D iscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 • U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Dated: ______________ CONSULTANT

Page 123 of 131 ends

BY: ________________________
Jaemin Park, President
Park Engineering
[email protected]

Dated: ________________ CITY OF CONCORD

By:______________________________
Valerie J. Barone
City Manager

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 2020/21 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $213,363.12

Account Code: 4029500C999-74500 / 4022457217-74500

Finance Director's Signature

Page 124 of 131 ends

City of Concord, Community Development Department
Construction Management & Material Testing Services for East Downtown Concord PDA & Safe Routes to Transit Project City Project No. 2457
Federal Project No. STPL-5135(063)
EXHIBIT 10-H (Example 1)

Consultant Park Engineering, Inc. Contract No. 2457 Date March 28, 2024

DIRECT LABOR Actual
Hourly
Classification Name Range Hours Rate Total

Resident Engineer Jaemin Park, P.E. NA 280 @ $97.78 $ 27,378.40

Sr. Constuction
Inspector Chris Kinser NA 536 @ $72.73 $ 38,983.28 Sr. Construction
Inspector (O.T.) Chris Kinser NA 25 @ $109.10 $ 2,727.50

Subtotal Direct Labor Costs $ 69,089.18
Anticipated Salary Increases $ 0.00
Total Direct Labor Costs $ 69,089.18

Fringe Benefits Rate Total

39.72% $ 27,442.22

Total Fringe Benefits $ 27,442.22

Indirect Costs
General and Administrative 66.82% $ 46,165.39

Total Indirect Costs $ 46,165.39

FEE (Profit) 10% $ 14,269.68

OTHER COSTS
Travel Costs $ N/A
Equipment and Supplies (Itemize) $ Included
Other Direct Costs: (Itemize)
Total Other Costs $0.00

Subcontractor Costs (See Fee Schedule)

Applied Materials & Engineering – Materials Testing $ 37,000.00

TOTAL COST $ 193,966.47

Page 125 of 131 ends

Page 126 of 131 ends

SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 This Sixth Amendment to Professional Services Agreement (“Sixth Amendment”) is entered into on this date, April 23, 2024, and amends the Professional Services Agreement, Agreement No. 5762 between the City of Concord (“CITY”) and Ruggeri-Jensen-Azar, 4690 Chabot Drive, Suite 200, Pleasanton, CA 94588. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5762, dated October 15, 2019 (the “Agreement”), wherein CONSULTANT agreed to provide design and related services for East Downtown Concord PDA Access and Safe Routes to Transit, Project No. 2457.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2020.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the CITY and CONSULTANT executed the FIRST amendment on May 28, 2020, Contract No. 5762-A, to extend the agreement term to June 30, 2021.

WHEREAS, the CITY and CONSULTANT executed the SECOND amendment on May 12, 2021, Contract No. 5762-B, to extend the agreement term to June 30, 2022.

WHEREAS, the CITY and CONSULTANT executed the Third Amendment on November 2, 2021, Contract No. 5762-C, to provide additional compensation to the CONSULTANT.

WHEREAS, the CITY and CONSULTANT executed the FOURTH amendment on May 2, 2022, Contract No. 5762-D, to extend the agreement term to June 30, 2023.

WHEREAS, the CITY and CONSULTANT executed the FIFTH amendment on May 31, 2023, Contract No. 5762-E, to extend the agreement term to June 30, 2024.

WHEREAS, the parties mutually desire to amend the Agreement to extend the term.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation in the amount of $44,356.00 for additional design and related services, for a total contract amount of $401,551.00;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Attachment 5

Page 127 of 131 ends

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on October 15, 2019, and expire on June 30, 2025.

2. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

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 (of original Agreement) and Exhibit A (of First Amendment). However, in no event shall the amount CITY pays CONSULTANT exceed four-hundred one thousand, five-hundred fifty-one dollars and zero cents ($401,551.00) for the term of this Agreement.

3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Sixth Amendment on the date indicated above.

Dated: ___________ Ruggeri- Jensen-Azar

BY: ________________________
Eddie Sieu, Principal-in-Charge
[email protected]

Dated: ___________ CITY OF CONCORD

By: _________________________
Valerie J. Barone
City Manager

APPROVED AS TO FORM: ATTEST:

____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

Page 128 of 131 ends

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

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 $401,551.00. (Previously encumbered $357,195.00, requesting additional $38,000.00) Account Code: 4799500C999-74500 4792457113-74500

Finance Director's Signature

Page 129 of 131 ends

ENGINEERS ¡ PLANNERS ¡ SURVEYORS
G:\job2019\191090\Admin\Proposals\Amendments\Request for Amendment 3 to PSA.l02.doc 4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (925) 227-9100 / F: (925) 227-9300 / www.rja-gps.com Job No. 191090
December 21, 2023
Mr. Kevin Wheat
City of Concord
Community Development Department
Engineering Services
1950 Parkside Drive, MS/40
Concord, CA 94519
RE: East Downtown Concord PDA Access and Safe Route to Transit – City Project No. 2457 Request for a Change Order No. 3
Dear Kevin:

Pursuant to Caltrans request that they will need to review the properties that are enclosed by a historical boundary on the APE, and determine if any properties are exempt from evaluation per Section 106PA. The Consultant provided a memo outlining which properties are exempt and with justification. This included time addressing City/Caltrans comments. Based on the historical boundary there was a total of 14 homes that needed to be evaluated to determine if they could be exempt and all the lots were determined to be exempt.

Enclosed for your consideration are the invoices by Doug Herring & Associates, from August- November, 2022, capturing the additional information requested by Caltrans. This change order also includes the time for construction support that was billed to cover some of the HRER support mentioned above using our latest bill rates.

Per the enclosed Fee Proposal, we are requesting an approval of $44,356 on a time and material basis with not to exceed limits.

Please let us know if you have any questions or need clarification.

Very Truly Yours,
Ruggeri-Jensen-Azar
Dominic Carucci, PE
Enclosure

Page 130 of 131 ends

Date: December 21, 2023

Page 1 of 1 ends

Rate: $295 Rate: $279 Rate: $251 Rate: $328 Rate: $198 Rate: $183 Rate: $200 Hour Amount Hour Amount Hour Amount Hour Amount Hour Amount Hour Amount Amount Hour Amount Amount Hour Amount Task 18. HRER Support for 14 Lots
a) HRER Support (14 Lots) $35,410 0 $35,410.00
Task 18 Total = 0 $35,410.00
Task 19. Additional Construction Support
a) Additional Construction Support 10 $2,790 20 $3,960 12 $2,196 42 $8,946.00 Task 19 Total = 42 $8,946.00
TOTAL 0 0 10 2,790 $ 0 0 0 0 20 3,960 $ 12 2,196 $ 0 0 0 0 0 35,410 $ Civil/CEQA Total= 42 $44,356.00 Civil Total = $8,946 CEQA Total = $35,410
City of Concord, Contra Costa County, CA
Tasks
Lump Sum
Douglas Herring
& Associates
CEQA
EngineerPrincipal

COST PROPOSAL
Engineering Services
for
City Project No. 2457
East Downtown Concord PDA Access and Safe Routes to Transit (Request for a Change Order No.3)
Civil Engineering
Ruggeri-Jensen-Azar
Invoice Total
Title ReportsSr. SurveyorSr. Project
Manager Associate Engineer2-Person
Survey Crew
Principal
(Doug Herring)

Page 131 of 131 ends

Staff Report
Date: April 23, 2024
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 and Base Reuse [email protected]
(925) 671-3076
Subject: Considering the amendment of the Professional Services Agreements with Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders for various consultant services in the amounts of $17,120.42, $45,026, and $20,935, respectively, creating new not-to-exceed contract amounts of $247,130.42, $86,026, and $51,935, respectively, for work related to the review and consideration of a Term Sheet and site wide permitting work supporting the redevelopment of the former Concord Naval Weapons Station (CNWS), with a new end date for each Agreement of March 31, 2024; and
authorizing the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney.
(Original combined PSAs $102,000 from LRA Loan Reserve
(General Fund); these amendments $162,156.42 from the
Exclusive Negotiating Agreement (ENA) Deposit to the LRA by BCUS Acquisitions LLC (Brookfield) and $20,935.00 from the LRA Loan Reserve (General Fund.)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The 11 Professional Service Agreements (PSA) approved by the LRA for the Fiscal Year 2023/24 last June were focused on site-wide efforts including remediation monitoring or resource permitting and Master Developer selection activities funded by

4.g4.g4.g4.g

Page 1 of 10 ends

City Council Agenda Report
Agenda Item No. 4.g
April 23, 2024
the LRA Loan Reserve balance. Those PSAs were set at constrained funding levels and the term of each agreement ended on January 31, 2024.

Three consultants performed work at LRA request that exceeded their original PSAs “not-to-exceed” limits. The work was related to the negotiation of the Term Sheet with Brookfield and site-wide resource permitting work. The work will be paid for from the Exclusive Negotiating Agreement (ENA) deposit made by Brookfield and LRA Loan Reserve. The combined increase in “not-to-exceed” amounts for the three consultants is $183,091.42. See Table 1 in the Analysis section of this report for the allocation of the amendment funding. The term of each agreement will be extended to March 31, 2024.

These changes will allow the consultants to be paid for work already completed that was performed at the request of the LRA.

Recommended Action
Approve three (3) Professional Service Agreements amendments as listed in Table 1 (found in Analysis); authorize the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The LRA entered PSAs with consultants last June before a new Master Developer was selected and an Exclusive Negotiating Agreement was reached. The PSAs were funded by LRA Loan Reserves and conservatively capped to preserve project resources.

A Master Developer, Brookfield, was selected in August 2023 and entered into an Exclusive Negotiating Agreement providing a $250,000 deposit to pay for LRA costs associated with negotiation of a Term Sheet. Brookfield will provide the LRA with an additional $113,712.88 deposit to cover the additional expenses related to the negotiation of the Term Sheet.

The PSAs of three consultants (Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders) require amendments so that their additional work related to the negotiation of the Term Sheet and/or site-wide resource permitting can be paid. The efforts related to the Term Sheet negotiations will be paid for from the ENA deposit received from Brookfield and the site wide permitting work will be paid from the LRA Loan Reserve.

Analysis
The requested funding increases ensures that the work already performed by, and required of, the listed consultants through March 31, 2024, can be paid.

New PSAs with LRA consultants covering work during the Disposition and Development Agreement Stage (i.e., work in support of Navy negotiations, Specific Plan development, Environmental Impact Report development, etc.) will be brought before

Page 2 of 10 ends

City Council Agenda Report
Agenda Item No. 4.g
April 23, 2024
Council at a future meeting and those PSAs will have a starting date of April 1, 2024 and be paid for under Brookfield’s Reimbursement Agreement with the LRA.

Table 1: Proposed Contract Amendments
Consultant
Existing PSA
Amount
Proposed
Amendment
New “Not to
Exceed”
Burke Williams &
Sorensen
Burke Williams &
Sorensen provides
legal counsel
regarding
transactions and
agreements
between the LRA,
Master Developer
and collaborating
agencies.
$130,000 $117,130.42
(ENA Deposit)
Additional work
related to Term
Sheet negotiation,
First Amendment to
ENA review, and
Reimbursement
Agreement drafting.
$247,130.42
Jarvis Fay
Jarvis Fay provides
legal counsel regarding
the environmental
review of the Specific
Plan and related
documents.
$41,000 $45,026
(ENA Deposit)
Additional work
related to Term
Sheet negotiation,
First Amendment to
ENA review, and
Reimbursement
Agreement drafting.
$86,026
Troutman Pepper
Hamilton Sanders
Troutman Pepper
Hamilton Sanders
(Shawn Zovod)
provides legal counsel
regarding site wide
resource permitting.
$31,000 $20,935
(LRA Reserve)
Additional work
related to site-wide
resource permitting
efforts.
$51,935
Totals $202,000 $183,091.42 $385,091.42

Page 3 of 10 ends

City Council Agenda Report
Agenda Item No. 4.g
April 23, 2024
Financial Impact
The requested amendment increases the Reuse Project’s spending in FY 23-24 by $183,091.42. The increased spending will be paid for from the ENA deposit to the LRA by Brookfield and the LRA Reserve.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 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.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. PSA Amendment for Burke Williams, & Sorenson

2. PSA Amendment for Jarvis Fay

3. PSA Amendment for Troutman Pepper Hamilton Sanders

Page 4 of 10 ends

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered into on this date, April 23, 2024, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Burke, Williams & Sorenson, LLP (“CONSULTANT”).

WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (“Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:

1. Scope of Work.

CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Review of Statements of Qualifications submitted by Master Developer candidates.

2. Draft and review of proposed Exclusive Negotiating Agreement

3. Draft and review proposed Term Sheet

4. Draft and review proposed administrative Reimbursement Agreement

5. Advice on any related matters as directed by LRA from time to time.

CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

WHEREAS, the parties hereto desire to amend the Agreement to extend the term; and WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $117,130.42 to a total not to exceed amount of $247,130.42 (Two hundred forty-seven thousand one hundred thirty dollars and forty-two cents) for the term of this agreement. 1 Attachment 1

Page 5 of 10 ends

2. The term is extended to March 31, 2024. As such, Section 1, TERM, is amended to read as follows:

This Agreement shall commence on June 28, 2023 and expire on March 31, 2024.

3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date indicated above.

Dated: BURKE, WILLIAMS & SORENSEN, LLP
By:

Gerald J. Ramiza, Esq.

Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
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 $247,130.42 Account Code: 4029500C999-4022713211-63800

___________________________
Finance Director’s Signature
2

Page 6 of 10 ends

WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (“Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Provide CEQA and land use advice related to Concord Naval Weapon Station matters.

2. Advice on any related matters as directed by CITY from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the parties hereto desire to amend the Agreement to extend theterm pursuant; and WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $45,026 to a total not to exceed amount of $86,026 (Eighty-six thousand twenty-six dollars) for the term of this agreement.
1 Attachment 2

Page 7 of 10 ends

2. The term is extended to March 31, 2024. As such, Section 1, TERM, is amended to read as follows:

This Agreement shall commence on June 28, 2023 and expire on March 31, 2024.

3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date indicated above.

Dated: JARVIS FAY LLP
By:

Alexandra Barnhill
Senior Partner
Dated: CITY OF CONCORD
By:

Valerie J. Barone,
City Manager
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 $86,026. Account Code 4029500C999-4022713211-63800

___________________________
Finance Director’s Signature

Page 8 of 10 ends

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered into on this date, April 23, 2024, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Troutman Pepper Hamilton Sanders LLP, (“CONSULTANT”).

WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (“Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:

Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Strategy and support for overall resource permitting efforts

2. Review of resource permitting issue impacts on Master Developer negotiations.

3. Advice on any related matters as directed by LRA from time to time.

CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

WHEREAS, the parties hereto desire to amend the Agreement to extend the term pursuant; and WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $20,935 to a total not to exceed amount of $51,935 (Fifty-one thousand nine hundred thirty-five dollars) for the term of this agreement.
1 Attachment 3

Page 9 of 10 ends

2. The term is extended to March 31, 2024. As such, Section 1, TERM, is amended to read as follows:

This Agreement shall commence on June 28, 2023 and expire on March 31, 2024.

3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Dated: TROUTMAN PEPPER HAMILTON SANDERS LLP
By:

Shawn Zovod, Esq.

Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
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 $51,935 Account Code: 4009500C999-4002011111-63800

___________________________
Finance Director’s Signature
2

Page 10 of 10 ends

Staff Report
Date: April 23, 2024
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: Considering the adoption of 12 Professional or Legal Services Agreements (Agreements) for various consultant services for the Local Reuse Authority’s (LRA) work related to the
redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $1,633,594 through March 31, 2025; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Funded through Reimbursement Agreement
Deposits to LRA by BCUS Acquisitions LLC (Brookfield).) CEQA: Not a project/exempt under to Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) and/or 15378.

Report in Brief
The Local Reuse Authority (LRA) has several primary responsibilities:

1. Oversees work related to the transfer of former Concord Naval Weapons Station property from the U.S. Navy to local recipients;

2. Monitors the Navy’s clean-up of contaminated parcels;

3. Obtains site-wide environmental permits from resource agencies;

4. Assists and supports the Master Developer on the writing of and coordination with the Infrastructure Master Plan and Specific Plan; and

5. Manages the environmental analysis used to determine appropriate mitigations for project impacts.

4.h4.h4.h4.h4.h4.h4.h4.h4.h4.h4.h4.h4.h

Page 1 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024
These responsibilities are carried out by both city staff and outside, professional consultants working on behalf of the LRA.

Responsibilities #4 and #5 were deferred until the LRA had chosen a new Master Developer and entered into a Term Sheet with the new project partner. While the agreements with the new Master Developer were under negotiation and subsequently adopted, an administrative reimbursement agreement was prepared and routed for signatures between the LRA and Brookfield to fund the next (Development and Disposition Agreement (DDA)) Stage of work (including the Specific Plan/EIR). As stated in the June 27, 2023 staff report to Council/LRA, staff indicated the LRA would return to Council with additional consulting contracts for the DDA Stage of work including new scopes and budgets for required work by existing and new consultants to be paid for by the Master Developer.

Staff is currently moving forward with the first year of contracts and budgets based on Brookfield’s anticipated initial focus for Year One of the project including:

1. Negotiation and preparation of the EDC Memorandum of Understanding (MOA) with the Navy;

2. Study and preparation of the grading and infrastructure network in preparing an infrastructure master plan to inform the Draft Specific Plan;

3. Continued resource permitting and re-engagement with the regulatory authorities; and

4. Remediation monitoring.

Community engagement, of equal importance, will be led by Brookfield consultants and supported by City staff.

The 12 Agreements covered in this staff report are summarized in Table 1. These agreements are focused on specific activities (i.e. EDC MOA negotiation, Infrastructure Master Plan support, Remediation monitoring, Site-wide Resource Permitting) necessary to keep forward momentum through the DDA Stage of the project, as outlined in the Exclusive Agreement to Negotiate (ENA). A summary of the scopes of work for each consultant is found under the Analysis section of this report. The source of the funding for these agreements will come from the master developer for the period commencing April 1, 2024 and extending through March 31, 2025. Staff anticipates returning to Council every March with future agreements for subsequent years.

Recommended Action
Approve the 12 Agreements as listed in Table 1 (found in Analysis); authorize the Executive Director of the LRA to execute the Agreements, in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Page 2 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024
Background
For ease of tracking for the public and the council, LRA staff have consolidated the proposed new Agreements into one staff report. This format provides a comprehensive overview of the LRA’s planned work for the remainder of Fiscal Year 2023-24 (April 1 – June 30), and the first nine months of Fiscal Year 2024-25, a total one-year period, intended to initiate the DDA Stage of the project. Staff has already been coordinating with Brookfield in setting up initial meetings regarding sitewide permitting and infrastructure with local and regional service providers.

The LRA entered into Agreements with consultants last June before a new Master Developer was selected and an ENA was reached. The Agreements were funded by LRA Loan Reserves and conservatively capped to preserve project resources. The Agreements of five consultants required an amendment so that their additional efforts related to the ongoing negotiation of the Term Sheet could be paid for by the LRA and those amendments were approved on December 5, 2023. The LRA is also considering Agreement amendments at their meeting on April 23, 2024 to close out and pay for additional work related to negotiation of the Term Sheet and site-wide resource permitting through March 31, 2024. Those efforts will be paid for from the ENA deposit and additional funds received from the Master Developer to reimburse the City and LRA Loan reserves, as explained in the staff report for that LRA action.

Staff is not “rolling over” unspent balances as of March 31, 2024, from existing contracts or amending existing agreements to extend their term. Rather, the Agreements under review this evening, are new agreements focused on specific work scopes to support the initial work (Year One only) of the DDA Stage of the project and continue with LRA responsibilities which will be reimbursed by the Master Developer. The term of each agreement starts on April 1, 2024 and ends on March 31, 2025.

All of the consulting teams included in these Agreement requests have demonstrated expertise in their field and a familiarity with the Reuse Project’s goals and objectives.

Table 1 provides a consolidated list of consultants who have provided:

1. Their focused work scope description.

2. The budgeted “not to exceed” contract amounts through March 31, 2025; and

3. Rate sheets for each consultant.

Please note that Table 1 only lists the proposed Agreement expenditures for the LRA and does not include staff time and other components of the LRA Project budget.

Contracts with each consulting firm are attached to this staff report (Attachments 1-12).

A comprehensive summary of Project spending (September 28, 2023 memo for Fiscal Year ending 2023/2024) is found in the Program Reports Folder (Subfolder-Use of City Loans) in the Document Library of the Concord Reuse Project website found here:
https://www.concordreuseproject.org/documentcenter. The Program Report of

Page 3 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024
expenditures, dated December 2023, uploaded February 22, 2024, is also available at the same weblink in the Program Reports Folder.

Analysis
The following are summaries of work to be performed by the LRA’s consultant team in FY 23-24 (April thru June), and FY 24-25, (through March 31, 2025) under the proposed Agreements for a total one-year period. Table 1 reflects each consultant’s work and estimated costs from April 1, 2024 to March 31, 2025. Each consultant’s scope of work is included within their Agreement found in the attachments to this staff report.

Table 1

1. ALH Economics
ALH provides financial modeling analysis in support of property transfer from the Navy and preliminary assessment and input on financial impact from any policy changes to the Area Plan.
 Review of project financing structure, including fiscal impact reports to assess fiscal neutrality. Additionally, review of proposed EIFD’s, CFDs, or similar financing mechanisms to ensure market-based assumptions and to determine if they will have neutral impact on City’s General fund for construction and ongoing maintenance.
 Crafting a participation schedule for the Navy and evaluating impact of Navy participation on the project’s financial performance.
(Funding: Brookfield). Not to exceed amount - $28,000

Page 4 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

2. Burke Williams & Sorensen
Burke Williams & Sorensen provides legal counsel regarding transactions and agreements between the LRA, Master Developer and collaborating agencies.  Review and comment on Infrastructure Master Plan, including providing input on phasing requirements to ensure timely delivery of key items of infrastructure and community benefits. Coordinate with City’s bond counsel and financial advisors to address requirements for formation of one or more EIFDs, IFDs and/or CFDs.  Review and comments on FOSTs, Land Use Covenants, and Navy’s CERCLA and Section 330 related covenants in Navy conveyance deeds. Provide input as requested in connection with City’s procurement of pollution legal liability insurance and related environmental liability policies.  Assist City and its BRAC counsel, in negotiating and drafting the EDC MOA between City and Navy, including ensuring consistency between financial profit participation waterfall provisions in DDA and the EDC MOA.  Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $190,000

3. ERS
ERS provides analysis and review of property remediation projects and future insurance requirements.
 Develop and support City with environmental and strategic considerations of the Infrastructure Master Plan including remedial requirements, environmental data overlays, land use controls, soil management plans and construction support requirements, future monitoring requirements, and suitability for development in discussions with the City, Brookfield and regulatory agencies.  Provide transfer and regulatory support to City for transfer agreements and negotiations with Navy and State and Federal regulators and review regulator correspondence and comments from multiple agencies.
 Review and comment on environmental reports prepared by the Navy and their consultants.
 Provide support to City for risk evaluation, mitigation and liability management for environmental, engineering and conveyance issues.
 Provide environmental and risk management support to the City for negotiation of the EDC agreement with the Navy.
(Funding: Brookfield). Not to exceed amount - $145,500

Page 5 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

4. ESA
ESA provides analysis and conceptual design of hydrology issues, i.e. wetlands, creek restoration, storm water or flood water detention.
 Support development of Infrastructure Master Plan and coordinate regarding any areas of overlap between the project area and flood management and creek restoration efforts of the City.
 Provide review, input and analysis (e.g., flood capacity modeling of Mt. Diablo Creek) with respect to potential impact of bridges and infrastructure on creek corridor resources and flood conveyance capacity, and need for regional flood detention and flood management facilities within the Project area to manage and avoid flood impacts.
 Geomorphic, hydrology and hydraulic analyses and development of engineering plans for the Mount Diablo Creek corridor and regional flood detention basins to support the application for natural resource permitting.  Initiate design development plans related to the regional Mt. Diablo Creek channel and flood detention basin design and related hydrologic and hydraulic modeling and analysis.
(Funding: Brookfield). Not to exceed amount - $103,819

5. Garrity & Knisely
Garrity & Knisely provides legal counsel regarding BRAC related property transfer and property remediation issues.
 Resource permitting requirements will need to be coordinated with provisions in the Term Sheet and EDC MOA and the Reciprocal Easement Agreement may have to be expanded or refined to cover certain permitting and utility-related obligations assumed by the City.
 Review of remediation issue impacts for development, coordination with mitigation purposes and close coordination with Navy, federal and state regulators.
 Advice regarding remediation issue impacts on Project EDC negotiations and Resource Permitting.
 Negotiation of the Term Sheet, EDC MOA and Deed and finalization of the EDC application for approval by the Navy.
 Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $172,500

Page 6 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

6. HR&A Advisors
HR&A Advisors provides financial advice regarding the negotiation of deal structure and terms between the LRA, BCUS & Navy.
 Assist City team and BCUS to present and discuss project pro forma with Navy.  Review, comment on draft fiscal impact report prepared by consultants to Brookfield, including meetings with City team and participate in meetings about the Community Facilities Districts (CFD) and Enhanced Infrastructure Financing Districts (EIFD) public financial assistance proposed by BCUS to help finance development of the project to achieve City fiscal neutrality requirements.  Assist City to present and discuss project pro forma with Navy representatives.  Review and participate in negotiations for the Economic Development Conveyance MOA with Navy.
 Advice on any related financial matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $55,200

7. H.T. Harvey & Associates
H.T. Harvey provides analysis, review and advice regarding biological resources and site wide regulatory permitting.
 Assist City with development of the Infrastructure master Plan by participating in meetings, providing written guidance and feedback, and reviewing materials related to biological resources and mitigation needs.
 Assist with natural resources permitting issues, coordinate with California Department of Fish and Wildlife regarding permitting activities, i.e. Incidental Take Permit (ITP), input on mitigation for wetland, stream and riparian mitigation plans, and assist City in planning for off-site mitigation for listed species. (Funding: Brookfield). Not to exceed amount - $125,862

Page 7 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

8. Integral Consulting
Integral Consulting provides analysis, review and advice regarding biological resources and site wide permitting, in particular with respect to wetlands and will focus on completion of agency negotiation and permitting.
 Regulatory planning and support to confirm current site conditions and Development of project strategies for attaining required regulatory permits and consultation and coordination with California Department of Fish and Wildlife permitting activities (ITP), USACE, and RWQCB for development of final mitigation strategies, based on Developer’s engineering and layout of project.  Prepare a re-verified jurisdictional determination map (USACE, RWQCB) to confirm updated jurisdictional limits.
 Preparation of Mitigation and Monitoring Plan and a Long-Term Management Plan for the airfield mitigation site.
(Funding: Brookfield). Not to exceed amount - $359,040

9. Jarvis Fay
Jarvis Fay provides legal counsel regarding the preparation of the Infrastructure Master Plan and related documents.
 Provide land use advice in support of preparation of the Infrastructure Master Plan and phasing related to CNWS matters, to ensure delivery of key infrastructure and related community benefits. Review and provide advice on traffic studies, which will help form the basis for eventual mitigation programs.  Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield Properties). Not to exceed amount - $98,100

Page 8 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

10. PlaceWorks
PlaceWorks provides planning and project management support for all facets of the Reuse Project.
 Support Master Developer and City in review of the conceptual land use plan, infrastructure and phasing for consistency with the CRP Area Plan, stated industry best practices and provide assistance to City staff.  Participate in weekly meetings, assist in agency and stakeholder coordination and assist with preparation for City Council study sessions and public hearings,, including preparation of progress reports and presentation materials, and additional items as requested.
 Assist LRA team with tracking and negotiating EDC related items to ensure they are carried through to the future Specific Plan and other related documents. (Funding: Brookfield Properties). Not to exceed amount - $34,970

11. Troutman Pepper
Troutman Pepper Hamilton Sanders provides legal counsel regarding site wide natural resource permitting.
 Advice, support and direction in the preparation of natural resource permitting, implementation of the Biological Opinion and continued coordination for the 404/401 permitting, CESA take permit and a framework for a 1600 Agreement.

Advice for overall resource permitting efforts and overall strategy for implementing the Biological Opinion’s terms and conditions, including negotiating with outside agencies and coordinating resources permitting with master developer, finalizing a habitat mitigation plan and long-term funding agreements.
 Review of resource permitting issue impacts on Master Developer land use plans, as well as review of land use plan and potential impacts on ongoing permitting, and continued coordination and negotiation with the permitting authorities.
 Assist in EDC negotiations and terms that reflect and implement the parties’ role in the statewide permitting process, and responsibilities under sitewide natural resources permits and conditions.
 Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $288,000

Page 9 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024

12. Kittelson and Associates, Inc.

Kittelson and Associates, Inc. provides transportation planning, analysis and project management support for all facets of the Reuse Project.  Review of Brookfield and their transportation consultant scope of work.  Peer review of transportation network alternatives to ensure consistency with 2010 Reuse Plan EIR and mitigation monitoring plan for all modes of transportation.
 Peer review of traffic analyses and anticipated mitigations as developed by the Master Developer’s traffic engineer to evaluate consistency with earlier assumptions.
 Review of parking alternatives and strategies to determine how it may affect vehicle trip generation. Attendance at community meetings, as needed. (Funding: Brookfield). Not to exceed amount - $32,603
Implementation
Brookfield will be leading public engagement events leading up to and during the preparation of the Specific Plan with support from the City. Brookfield’s focus in the first year will be in 1) studying on site constraints through analysis of grading and infrastructure to prepare an Infrastructure Master Plan in order to inform the Specific Plan and 2) negotiating with the Navy an EDC MOA; 3) coordinating with the City on sitewide permitting and 4) continuation of remediation monitoring.

Upon completion of the Draft Infrastructure Master Plan, Brookfield will continue with preparation of the Specific Plan and the City will be leading the environmental analysis and document preparation, with the bulk of that work anticipated in FY 2025-26. Public hearings for the draft and final documents are anticipated during FY 2026-27. These documents will then lead to the installation of horizontal infrastructure and then, allow the construction of vertical buildings.

Financial Impact
The 12 proposed Agreements total $1,633,594 for services through March 31, 2025.

These contracts will be funded based on the administrative Reimbursement Agreement between the LRA and Brookfield.

Environmental Determination
Pursuant to Public Resources Code Section 21065, California Environmental Quality Act Guidelines Sections 15060(c), 15061(b)(3), and/or 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,

Page 10 of 134 ends

City Council Agenda Report
Agenda Item No. 4.h
April 23, 2024
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.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Professional Services Agreement with ALH Urban & Regional Economics

2. Legal Services Agreement with Burke, Williams & Sorensen, LLP

3. Professional Services Agreement with Environmental Risk Services Corporation

4. Professional Services Agreement with Environmental Science Associates (ESA)

5. Legal Services Agreement with Garrity and Knisely

6. Professional Services Agreement with HR&A Advisors, Inc.

7. Professional Services Agreement with H. T. Harvey & Associates

8. Professional Services Agreement with Integral Consulting

9. Legal Services Agreement with Jarvis, Fay & Gibson, LLP

10.Professional Services Agreement with PlaceWorks

11.Legal Services Agreement with Troutman Pepper Hamilton Sanders LLP

12.Professional Services Agreement with Kittelson and Associates, Inc.

Page 11 of 134 ends

AGREEMENT FOR PROFESSIONAL SERVICES
1 of 11
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on April 1, 2024 (“EFFECTIVE DATE”) between the City of Concord ("CITY") and ALH Urban & Regional Economics (ALH), 2239 Oregon Street, Berkeley, California 94705, (“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 from the EFFECTIVE DATE, set forth above and expire on March 31, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:
a. Providing input on impact of land use changes on project’s fiscal impact and/or financial feasibility, as requested by LRA team.
b. Review of Infrastructure Master Plan with respect to the proposed financing structure including reviewing fiscal impact reports to assess fiscal neutrality, and review of proposed EIFDs, CFDs, or similar financing mechanisms to determine impact on City’s General Fund for construction and ongoing maintenance.
c. Craft a participation schedule for the Navy and evaluate impact of Navy participation on the project’s financial performance and coordinate with Navy’s review of developer’s proforma.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Twenty-Eight Thousand Dollars ($28,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below. The hourly rates are Attachment 1

Page 12 of 134 ends

2 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
as follows:

FY 2023/2024 FY 2024/2025
Amy Herman, Principal $280 $290
Mary Smitheram-Sheldon, Land Use Specialist $270 $280
Tom Jirovsky, Financial Analysis Specialist $270 $280
CONSULTANT shall 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 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 Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Amy L. Herman.

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 Fifty Thousand Dollars ($50,000) during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is Fifty Thousand Dollars ($50,000) or more for the fiscal year, including the base contract amount, must be approved by City Council.

Consultant’s failure to secure CITY’s written authorization for additional compensation or

Page 13 of 134 ends

3 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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, restitution, quantum meruit, 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.

Page 14 of 134 ends

4 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
care that is required by current, good, and sound procedures and practices. CONSULTANT further 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

Page 15 of 134 ends

5 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies 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. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents 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 the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’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.

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 Million Dollars ($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.

Page 16 of 134 ends

6 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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

Page 17 of 134 ends

7 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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

Page 18 of 134 ends

8 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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

Page 19 of 134 ends

9 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
(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.

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 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

Page 20 of 134 ends

10 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Amy L. Herman
ALH Urban & Regional Economics
2239 Oregon Street
Berkeley, CA 94705
Phone: (510) 704-1599

Page 21 of 134 ends

11 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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 Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

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.

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: Amy L. Herman Name: Guy S. Bjerke
Title: Director, Local Reuse Authority
Company: ALH Urban & Regional Economics Company: City of Concord Address: 2239 Oregon Street Address: 1950 Parkside Drive Berkeley, CA 94705 Concord, CA 94519
Telephone: (510) 704-1599 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk

Page 22 of 134 ends

12 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 AND 2024/2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $28,000. Account Code 4029500C999-63800/4022721211-63800 Finance Director's Signature

Page 23 of 134 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on April 1, 2024 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Burke, Williams & Sorensen, LLP, 1999 Harrison Street, Suite 1650, Oakland, CA 94612 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT for provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Review and comment on the Infrastructure Master Plan, particularly phasing requirements to ensure timely delivery of key items of infrastructure and community benefits. Coordinate with City’s bond counsel and financial advisors to address requirements for formation of one or more EIFDs, IFDs and/or CFDs. Budget estimate $25,000.

2. Refine Term Sheet for Disposition and Development Agreement (DDA) and statutory Development Agreement (DA) in light of new information gleaned from EDC MOA negotiations and infrastructure master planning work.

Budget estimate $100,000.

3. Review and comment on FOSTs, Land Use Covenants (LUCs), and Navy’s CERCLA and Section 330 related covenants in Navy conveyance deeds.

Provide input as requested in connection with City’s procurement of PLL and related environmental liability policies. Budgeted cost estimate $10,000.

4. Assist City and its BRAC counsel in negotiating and drafting the EDC MOA between City and Navy, including ensuring consistency between financial profit participation waterfall provisions in DDA and the EDC MOA. Budget estimate $55,000.

5. Advice on any related matters as directed by LRA from time to time.

Attachment 2

Page 24 of 134 ends

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

2. Term. The term of this Agreement shall commence from the EFFECTIVE DATE, set forth above until March 31, 2025 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.

3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follows, per rate sheet provided March 21, 2024 for April 1, 2024 to March 31, 2025:

Developer Reimbursable Rates
• Partner- $555
• Associate - $505
• Paralegal - $315
CONSULTANT shall bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long-distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed One Hundred Ninety Thousand Dollars ($190,000) through March 31, 2025, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

Page 25 of 134 ends

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.

5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:

Gerald J. Ramiza, Esq.

Burke, Williams & Sorensen, LLP

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY-authorized representative is the City Attorney.

7. Termination.

A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the work described in Paragraph 1 above. At the discretion of CITY,

Page 26 of 134 ends

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. 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:

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

Page 27 of 134 ends

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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.

Page 28 of 134 ends

6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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.

10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify, defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

Page 29 of 134 ends

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Gerald J. Ramiza, Esq.

Burke, Williams & Sorensen, LLP
1999 Harrison Street, Suite 1650
Oakland, CA 94612
Notices shall be deemed effectively served upon deposit in the United States Mail.

13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.

14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

Burke, Williams & Sorensen, LLP
By: ____________________________________________
Name: Gerald J. Ramiza, Esq.

Title: Partner

CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney

Page 30 of 134 ends

AGREEMENT FOR PROFESSIONAL SERVICES
1 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on April 1, 2024 between the City of Concord ("CITY") and Environmental Risk Services Corporation, 1515 Oakland Blvd, Suite 250, Walnut Creek CA 94596, (“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 April 1, 2024 and expire on March 31, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:
a. Develop and support City with environmental and strategic considerations of the Infrastructure Master Plan including remedial requirements, environmental data overlays Land Use Controls soil management plans and construction support requirements future monitoring requirements and suitability for development, meetings and discussions with City, consultants and regulatory agencies. Review of remediation documents for their impact on the Reuse Project
b. In terms of Remediation Monitoring, Provide transfer and regulatory support to City including review and comments on transfer agreements, meetings and discussions with regulatory agencies; Provide developer and consultants technical support including support of negotiations with Navy and preparation of Site Management Plans and technical documents; Provide technical document review, including as technical liaison with Navy, Project RPM meetings and City; and Provide support to City for risk management and environmental insurance acquisition.

CITY retains all rights of approval and discretion with respect to the projects and undertakings Attachment 3

Page 31 of 134 ends

2 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
contemplated by this Agreement.

3. PAYMENT. CONSULTANT shall be compensated, not to exceed One Hundred Forty-five Thousand, Five Hundred Dollars ($145,500) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below. Hourly rates are as follows:

Risk Program Manager $250/hr.

Senior Geoscientist $225/hr.

Senior Civil Engineer $255/hr.

Senior Environmental Engineer $255/hr.

Graphics and GIS Specialist $195/hr.

CONSULTANT shall 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 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.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including

Page 32 of 134 ends

3 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
amendments providing for additional compensation to CONSULTANT not to exceed Fifty Thousand Dollars ($50,000) during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is Fifty Thousand Dollars ($50,000) or more for the fiscal year, 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, restitution, quantum meruit, or similar relief.

Page 33 of 134 ends

4 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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.

Page 34 of 134 ends

5 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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.

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:

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT

Page 35 of 134 ends

6 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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.

Page 36 of 134 ends

7 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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.

Page 37 of 134 ends

8 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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.

16. CONFLICT OF INTEREST.

Page 38 of 134 ends

9 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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).)

Page 39 of 134 ends

10 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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.

Page 40 of 134 ends

11 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Mark O’Brien
Environmental Risk Services
P.O. Box 1209
Alamo, CA 94507
Phone: (925) 938-1600

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: Mark O’Brien Name: Guy S. Bjerke
Title: Chief Executive Officer Title: Director, Local Reuse Authority
Company: Environmental Risk Services Company: City of Concord Address: 1515 Oakland Blvd., Suite250 Address: 1950 Parkside Drive Walnut Creek, CA 94596 Concord, CA 94519
Telephone: (925) 938-1600 Telephone: (925) 671-3150

Page 41 of 134 ends

12 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 AND 2024/2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $145,500. Account Code 4029500C999-63800/4022721211-63800 Finance Director's Signature

Page 42 of 134 ends

AGREEMENT FOR PROFESSIONAL SERVICES
1 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on April 1, 2024 between the City of Concord ("CITY") and Environmental Science Associates (ESA), 550 Kearny Street, Suite 800, San Francisco, California 94108, (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide specialized expertise to perform 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 April 01, 2024 and expire on March 31, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:
a. Supporting development of the Specific Plan regarding areas of overlap between the Specific Plan and flood management and creek restoration.
b. Supporting the development of the Infrastructure Master Plan by providing review, input and analysis (e.g., flood capacity modeling of Mt. Diablo Creek) with respect to analysis of potential impact of bridges and infrastructure on creek corridor resources and flood conveyance capacity of Mt Diablo Creek; need for regional flood detention and flood management facilities to be constructed within the Project Area to manage and avoid flood impacts.
c. Conducting geomorphic hydrology and hydraulic analyses and develop engineering plans for the Mt. Diablo Creek corridor and the regional flood detention basins needed to support the application for Natural Resource Permits.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. CONSULTANT shall be compensated, not to exceed One Hundred Attachment 4

Page 43 of 134 ends

2 of 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Three Thousand, Eight Hundred Nineteen Dollars ($103,819) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below. Hourly rates are as follows:

Senior Principal Consultant $311
Principal Consultant $265
Managing Consultant $234
Senior Consultant $192
Associate Consultant $164
Project Technician $119
CONSULTANT shall 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 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.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including

Page 44 of 134 ends

Concord City CouncilApril 23, 2024

Concord City Council
April 23, 2024