Agenda packet — Concord City Council, May 14, 2024 (part 1 of 5)

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
May 14, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

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

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

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/84513727816?pwd=sZrw5yTr1bVIjfeeUD6FcHf0ys9zTw. -hwYS-KHOCC14jlq or Zoom Webinar ID: 845 1372 7816 and Passcode: 270479 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

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

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

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

3. PRESENTATIONS
a. Presentation – of APWA awards to City of Concord staff by Carlos Melendez, APWA NorCal Chapter President. Introduction by Mayor Birsan. b. Presentation – of certificates to Mayor's Art Competition Winners.

Presentation by Mayor Birsan.
c. Presentation – to Elianna Campos, President, NCal Family Child Care Alliance, proclaiming May 14, 2024 as "Childcare Provider Appreciation Day" in the City of Concord. Presentation by Mayor Birsan.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of the minutes from the April 9, 2024, meeting.

Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period January 1 – March 31, 2024. Recommended by the City Treasurer.
c. Considering – the following actions in relation to the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 4 2704) which will construct sewer capacity improvements on Willow Pass Road, between Gateway Boulevard and Landana Drive, and on Landana Drive, between Willow Pass Road and Larkspur Drive:

1. Award of a Construction Contract in the amount of $11,212,940 to Precision Engineering Inc., and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making CEQA determination as provided in this staff report (Funded by Sewer Enterprise Funds);

2. Approval of a Professional Services Agreement with Swinerton Management & Consulting in the not-to-exceed amount of $715,000 for construction management, inspection, and materials testing services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approval of related budget transfers to the project in the total amount of $5,500,000 from various projects as shown in the staff report; and

4. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704 and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
d. Considering –

1. Award of a construction contract in the amount $4,195,417.85 to Goodfellow Bros., Inc. for the Monument Boulevard Pavement Rehabilitation (Project No. 2581) located along Monument Boulevard from Detroit Ave to the Walnut Creek City Limits; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report;

2. Approval of a Professional Services Agreement with Ghirardelli and Associates, Inc. in the not-to-exceed amount of $758,570 (base agreement of $689,609 plus staff authority to spend up to a 10% contingency of $758,570) to provide construction management, inspection, and materials testing services for the Monument Boulevard Pavement Rehabilitation (Project No. 2581); authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report;

3. Appropriating $110,000 to the project from the Cal Recycle Rubber Grant; and
5 4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2581 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
e. Considering – the following for the Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

1. Award of a Construction Contract in the amount $239,049 to Villalobos & Associates, Inc. for the Base Bid and Additive Alternative Bid 1 of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure J Local Funds and Capital Projects General Fund); and

2. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
f. Considering –

1. Award of a Construction Contract in the not-to-exceed amount of $3,083,945 to Bay Cities Paving & Grading, Inc., authorizing Staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report; and

2. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) and directing the City Clerk to file a Notice of Completion. 6 (Funded by Measure V Financing and Revenue, Funds 407 & 490) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.
g. Considering – the following for the Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) located in Zone 3I between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive, Zone 1M between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road, Zone 4C between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road, and Zone 1I between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive:

1. Award of a Construction Contract in the amount $5,095,813.88 to Bay Cities Paving & Grading, Inc., for the Base Bid of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Revenue Fund 490 and Measure V Financing Fund 407);

2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $648,727.30 (base agreement of $579,220.80 plus staff authority to spend up to a 12% contingency of $69,506.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
h. Considering – the following for the Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449) (Federal Project No. STPCML-5135 (057)) located on Willow Pass Road from Galindo Street to Landana Drive:

1. Award of a Construction Contract in the amount of $7,508,719.50 to McGuire Hester, Inc. LLC for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to 7 execute the contract in a form acceptable to the City Attorney; and making the NEPA and CEQA determinations as provided in this staff report (Funded by Federal OBAG 2, Measure J TLC, and Measure V Funds);

2. Approval of a Professional Services Agreement with Swinerton Management Consultants, Inc., in the not-to-exceed amount of $886,730 (base agreement of $806,118 plus staff authority to spend up to a 10% contingency of $80,612) to provide construction management, inspection, and materials testing services for both the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approval of an Amendment to the Professional Services Agreement with Harris and Associates, Inc., in the amount of $98,020 for a new total of $941,927 to provide design and related services for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

4. Accepting and appropriating $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan Transportation Commission (MTC) for Project No. 2449;

5. Accepting and appropriating $715,000 of Measure J Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and

6. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2449 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(3).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – direction to staff on allowing the voters to decide on the inclusion of single family homes and condominiums in Ordinance No. 24-3 (Rent Stabilization and Just Cause for Evictions), via a Council initiated ballot measure to be placed before the voters in the November 2024 election; alternatively, to provide direction to staff on a voter advisory ballot measure or a Council-driven Ordinance amendment. Report by Sophia Huckabay, Housing Manager.
8 CEQA: Exempt per Public Resources Code section 21065, CEQA Guidelines Sections 15060, 15061, and/or 15378.
b. Considering – Proposed Two-Year Capital Budget and the 5-Year Capital Improvement Plan; and Receiving Draft 5-Year Pavement Maintenance Plan Update. Report by Bernard Enrile, CIP Manager, and Carlton Thompson, City Engineer.

CEQA: Not a project under CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter – to Jodie DeJonge, Steve Palopoli, and Dan Borenstein re: Response to May 6, 2024, Naval Weapons Station Article published by the East Bay Times dated May 6, 2024.

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/28/2024 6:30 PM

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

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

From: Jason Pfister <[email protected]>
Sent: Tuesday, May 14, 2024 1:04 AM
To: City Clerk <[email protected]>
Subject: Constituent Comment: Zoom and Sewer improvements

AGENDA ITEM: 2

Dear City Council:

Again, I encourage you to please reinstate the option to comment by Zoom. You have heard from the community about how popular this option is and also are aware that other cities within the county have resumed including Zoom comments along with those at regular meetings. Please allow the public to once again comment via Zoom at all meetings, not just where a councilmember appears in a remote fashion.

AGENDA ITEM: 4c

Dear City Council:

I support the awarding of this contract since sewer improvements in that area are vitally necessary. However, I ask that the council also ensure full transparency of the process so any taxpayer funds utilized for this infrastructure overhaul are spent in the most efficient manner possible. Please approve the contract while also keeping rigid oversight of this project as well. Thank you.

-Jason Pfister

Written Public Comment
Agenda Item No. 2.a
May 14, 2024

2.a

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 9, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 9, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan (Councilmember Hoffmeister
arrived at 6:39 p.m.)
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Steve Voorhies, Director of Recreation Services; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Sam Staten, Police Lieutenant; Kevin Halm, Police Sergeant; Ollie Sansen, Police Sergeant; Renee Williams, Police Sergeant; Paul VanDiver, Police Officer; Nicholas Davison, Police Officer; Marie Suvansin, Economic Development Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Dr. Harmesh Kumar, Concord; Rev. Millie Phillips, Concord; Randy Hopkins, Concord; DeSean Chambers, Pittsburg; Nikita Rodgers

PUBLIC COMMENT PERIOD
Dr. Harmesh Kumar, Concord, spoke of being pulled over by a San Pablo Police Officer in a poor neighborhood in Concord.

Rev. Millie Phillips, Concord, spoke in support of the Rent Stabilization Ordinance.

Randy Hopkins, Concord, spoke about concerns with City operations.

DeSean Chambers, Pittsburg, spoke regarding solar energy within the City of Concord.

PRESENTATIONS
PROCLAMATION – National Library Week
Mayor Birsan presented Kimberli Buckley, Senior Community Library Manager, Concord Library, a proclamation declaring April 7-13, 2024, as “National Library Week” in the City of Concord.

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

4.a4.a

Page 1 of 6 ends

City Council Minutes April 9, 2024
2 PROCLAMATION – Earth Day
Mayor Birsan presented Rocci Barsotti, Concord Kawanis Club, a proclamation declaring April 22, 2024, as “Earth Day” in the City of Concord.

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

TSBA PILOT PROGRAM UPDATE
Mayor Birsan introduced Walter Eichinger, Vice President, Operations, Brenden Theatre, who gave an update on the TSBA Pilot Program.

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

POLICE DEPARTMENT UPDATE
Mayor Birsan introduced Concord Chief of Police Mark Bustillos, who provided an update on the Concord Police Department.

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

Nikita Rodgers, spoke of her experiences with Concord Police personnel.

Mayor Birsan closed the public comment period.

Mayor Birsan recessed the meeting at 9:10 p.m. The meeting resumed at 9:19 p.m.

CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPOINTMENT OF CONCORD’S REPRESENTATIVE TO THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE (COUNTY CONNECTION) – Tijuk Fong Kurniadi A motion was made by Hoffmeister and seconded by Obringer to appoint Tijuk Fong Kurniadi as Concord’s Representative to serve on the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder a four-year term ending December 31, 2024, as recommended by Mayor Birsan. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-21 – Concord Police Department Military Equipment Report for 2023 and Inventory for 2024
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-21 entitled, “A Resolution Accepting the Concord Police Department AB481 2023 Military Equipment Report, 2024 Military Equipment Inventory, Determining to Continue Ordinance No. 22-6 and Concord Police Department Policy 706: Military Equipment, and Determining that Each Type of Military Equipment Identified in that Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.” The motion passed by unanimous vote of the Council.

Page 2 of 6 ends

City Council Minutes April 9, 2024
3 APPROVAL OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR PROFESSIONAL SERVICES – Joseph Fernandez, dba East Bay Golf Centers, Inc.

A motion was made by Hoffmeister and seconded by Obringer to approve a five (5) year Independent Contractor Agreement for Professional Services through March 31, 2029, with a five (5) year option to extend through March 30, 2034, between the City of Concord and Joseph Fernandez, dba East Bay Golf Centers, Inc., for management and operation of golf services at Diablo Creek Golf Course, and authorizing the City Manager to execute the agreement (including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.d – Police Department Update – PowerPoint Presentation

COUNCIL REPORTS
Vice Mayor Obringer requested and received Council support for the Council Committee on Policy, Development, and Internal Operations (PDIO) (Birsan/Obringer) to review the American Society of Sanitary Engineers sample policy to increase fire sprinkler systems reliability and success in extinguishing fires.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 9, 2024, at 9:26 p.m. in memory of Concord Jazz Festival historian Ellen Findlay Herdegen.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 3 of 6 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 9, 2024

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 9, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan (Councilmember Hoffmeister
arrived at 6:39 p.m.)

STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Steve Voorhies, Director of Recreation Services; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Sam Staten, Police Lieutenant; Kevin Halm, Police Sergeant; Ollie Sansen, Police Sergeant; Renee Williams, Police Sergeant; Paul VanDiver, Police Officer; Nicholas Davison, Police Officer; Marie Suvansin, Economic Development Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Dr. Harmesh Kumar, Concord; Rev. Millie Phillips, Concord; Randy Hopkins, Concord; DeSean Chambers, Pittsburg; Nikita Rodgers

PUBLIC COMMENT PERIOD

Dr. Harmesh Kumar, Concord, spoke of a joint police traffic operation with other local police departments in the Monument Boulevard area, and that he felt that Concord’s minority population was targeted because the operation was held in the Monument area. being pulled over by a San Pablo Police Officer in a poor neighborhood in Concord.

Rev. Millie Phillips, Concord, spoke in support of the Rent Stabilization Ordinance.

Randy Hopkins, Concord, spoke about concerns with City operations.

DeSean Chambers, Pittsburg, spoke regarding solar energy within the City of Concord.

PRESENTATIONS

PROCLAMATION – National Library Week

Mayor Birsan presented Kimberli Buckley, Senior Community Library Manager, Concord Library, a proclamation declaring April 7-13, 2024, as “National Library Week” in the City of Concord.

Benched Agenda Item No. 4.a
April 9, 2024 Meeting Minutes
May 14, 2024
Changes in red and strikeout font

Page 4 of 6 ends

City Council Minutes April 9, 2024
2 Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

PROCLAMATION – Earth Day

Mayor Birsan presented Rocci Barsotti, Concord Kawanis Club, a proclamation declaring April 22, 2024, as “Earth Day” in the City of Concord.

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

TSBA PILOT PROGRAM UPDATE

Mayor Birsan introduced Walter Eichinger, Vice President, Operations, Brenden Theatre, who gave an update on the TSBA Pilot Program.

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

POLICE DEPARTMENT UPDATE

Mayor Birsan introduced Concord Chief of Police Mark Bustillos, who provided an update on the Concord Police Department.

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

Nikita Rodgers, spoke of her experiences with Concord Police personnel.

Mayor Birsan closed the public comment period.

Mayor Birsan recessed the meeting at 9:10 p.m. The meeting resumed at 9:19 p.m.

CITY COUNCIL CONSENT CALENDAR

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

APPOINTMENT OF CONCORD’S REPRESENTATIVE TO THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE (COUNTY CONNECTION) – Tijuk Fong Kurniadi

A motion was made by Hoffmeister and seconded by Obringer to appoint Tijuk Fong Kurniadi as Concord’s Representative to serve on the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder a four-year term ending December 31, 2024, as recommended by Mayor Birsan. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-21 – Concord Police Department Military Equipment Report for 2023 and Inventory for 2024

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-21 entitled, “A Resolution Accepting the Concord Police Department AB481 2023 Military Equipment Report, 2024 Military Equipment Inventory, Determining to Continue Ordinance No. 22-6 and Concord Police Department Policy 706: Military Equipment, and Determining that Each Type of Military Equipment Identified in that Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.” The motion passed by unanimous vote of the Council.

Page 5 of 6 ends

City Council Minutes April 9, 2024
3 APPROVAL OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR PROFESSIONAL SERVICES – Joseph Fernandez, dba East Bay Golf Centers, Inc.

CORRESPONDENCE

a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.d – Police Department Update – PowerPoint Presentation

COUNCIL REPORTS

Vice Mayor Obringer requested and received Council support for the Council Committee on Policy, Development, and Internal Operations (PDIO) (Birsan/Obringer) to review the American Society of Sanitary Engineers sample policy to increase fire sprinkler systems reliability and success in extinguishing fires.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT

By order of the Mayor, the meeting was adjourned on April 9, 2024, at 9:26 p.m. in memory of Concord Jazz Festival historian Ellen Findlay Herdegen.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 6 of 6 ends

MEMORANDUM
TO:

FROM:

DATE:

SUBJECT:

City Council
Patti Barsotti, City Treasurer
May 07, 2024
Treasurer’s Report: January 1, 2024 – March 31, 2024
The attached report presents the City’s investme nt portfolio as of the quarter ending March 31, 2024 and has been prepared in compliance with California Code Section 53646. Market values have been provided by PFM Asset Management on the attached detail.

On April 1, 2013, the City contracted with investment advisor PFM Asset Management to manage the City’s portfolio. The City’s strategy is to re tain sufficient cash flow to manage day-to-day operations and have PFM focus on longer-term investment management. All investments are held by the City in safekeeping accounts through BNY Mellon and US Bank, except for investments held by trustees related to bond financings.

City Managed
(in millions)
PFM Managed
(in millions)
Total Unrestricted
Portfolio
(in millions)
Restricted
(in millions)
Cash LAIF CAMP Cal Trust Portfolio (Market Value)
LAIF
COP Proceeds
Portfolio
Balance $12.72 $59.68 $124.44 $23.64 $61.23 $281.70 $83.07 Effective
Yield N/A 4.30% 5.48% 4.67% 4.62% 4.63% 4.30%
Avg.

Weighted
Maturity N/A 1 Day 1 Day 1 Day 2.73 Years .46 Years 1 Da y
Treasurer Certification:

I certify that these reports accurately reflect all pooled investments, are in compliance with California Government Code Section 53646 and are in conformity with the investment policy adopted by City Council, May 14, 2024. This report will be posted to the Treasurer’s Website within 45 days of quarter end to comply with the City’s investment policy mandate.

As Treasurer of the City of Concord, I hereby certify that sufficient investment liquidity and anticipated revenue are available to meet the ne xt six month’s estimated expenditures (CA Code sec 53646(b)).
______________________________ ______________________________ E. Patricia Barsotti, CITY TREASURER Date
5/7/2024

4.b

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City of Concord
Cash and Investment Summary
as of March 31, 2024
Sector Average Maturity Par Amount Adjusted Cost Market Value Coupon Yield at
Market
Cash Equivalents
Cash on Hand* 1 Day 12,456,609.88 1 2,456,609.88 1 2,456,609.88 - - Portfolio Cash 1 Day 263,419.08 263,419.08 263,419.08 - 5.21% CAMP* 1 Day 124,435,083.09 124,435,083.09 124,435,083.09 - 5.48% LAIF* 1 Day 59,680,796.71 59,680,796.71 59,680,796.71 4.30% LAIF Restricted Financing Proceeds* 1 Day 83,072,829.01 83,072,829.01 83,072,829.01 - 4.30% Cash Equivalents Subtotal 1 Day 279,908,737.77 2 79,908,737.77 2 79,908,737.77 4 .63% Other Investments
CalTrust Short Term Fund* 1 Day 3,550,000.00 4 ,627,999.01 4 ,635,863.01 - 5 .03% CalTrust Medium Term Fund* 1 Day 17,050,000.00 1 9,496,325.67 1 9,001,825.89 - 4 .58% Other Investments Subtotal 1 Day 20,600,000.00 2 4,124,324.68 2 3,637,688.90 4 .67% PFM Managed Portfolio
U.S. Treasuries 3.12 Years 40,600,000.00 3 9,321,148.80 3 8,673,136.80 2 .55% 4.43% Federal Agencies 1.52 Years 1,575,000.00 1 ,573,436.92 1 ,473,552.73 0 .43% 4.87% Federal Agency CMBS 0.67 Years 392,209.26 3 94,978.01 3 85,572.17 3 .06% 5.64% Municipal Obligations 1.31 Years 2,790,000.00 2 ,790,488.55 2 ,677,695.90 1 .38% 5.02% Corporate Notes 2.30 Years 16,725,000.00 1 6,750,778.77 1 6,316,419.26 3 .04% 4.88% Certificates of Deposit 1.58 Years 1,700,000.00 1 ,700,000.00 1 ,706,043.81 5 .57% 5.28% PFM Managed Portfolio Subtotal 2.73 Years 63,782,209.26 6 2,530,831.05 6 1,232,420.67 4 .62% Total 0.46 Years 364,290,947.03 366,563,893.50 364,778,847.34 4.63% Earnings Summary January 1, 2024 - March 31, 2024 (Accrual Basis) Portfolio Securities
Ending Amortized Value of Securities 62,530,831.05
Ending Accrued Interest 423,501.54
Plus Proceeds from Sales 6,848,689.39
Plus Proceeds of Maturities/Calls/Principal Payments 197,767.17 Plus Coupons Received 358,515.84
Less Cost of New Purchases (7,211,246.96)
Less Beginning Amortized Value of Securities (62,605,979.70) Less Beginning Accrued Interest (362,547.81)
Portfolio Securities Subtotal 179,530.52
LAIF
LAIF Subtotal $1,498,331.41
CAMP
CAMP Subtotal $1,868,293.12
CalTrust
CalTrust Subtotal $239,042.37
Grand Total 3,785,197.42
*Values provided by the City of Concord

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City of Concord
Cash and Investment Summary
as of March 31, 2024
U.S. Treasuries
11%Federal
Agencies
<1%
Agency CMBS
<1%
Municipal
Obligations
1%
Corporate
Notes
4%
Certificates of
Deposit
<1%
LAIF
16%
LAIF Restricted
Financing
Proceeds
23%
CAMP
34%
CalTrust
6%
Cash
3%
Sector Breakdown
AAA
<1%
AA
13%
A
3%BBB+
<1%
NR
<1%
Cash
3%
AAf
(CalTrust)
6%

NR (LAIF)
39%
AAAm
(CAMP)
34%
Credit Quality
84%
1% 3% 5% 7%
1% 0%
0%
20%
40%
60%
80%
100%
Less than
6 Months
6 to 12 Months 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Maturity Distribution

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City of Concord
Cash and Investment Detail
as of March 31, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Operating Funds
Cash Equivalents
Cash on Hand* NR - 4/1/2024 3/31/2024 1 1 2,456,609.88 1 2,456,609.88 1 2,456,609.88 - Portfolio Cash Account AAAm 5.21% 4/1/2024 3/31/2024 1 2 63,419.08 2 63,419.08 2 63,419.08 5 .21% LAIF-City of Concord* NR 4.30% 4/1/2024 3/31/2024 1 1 0,245,925.35 1 0,245,925.35 1 0,245,925.35 4 .30% LAIF-COP 2021 - Restricted* NR 4.30% 4/1/2024 3/31/2024 1 8 3,072,829.01 8 3,072,829.01 8 3,072,829.01 4 .30% LAIF-Sewer Enterprise District - Restricted* NR 4.30% 4/1/2024 3/31/2024 1 4 9,434,871.36 4 9,434,871.36 4 9,434,871.36 4 .30% CAMP* AAAm 5.48% 4/1/2024 3/31/2024 1 1 24,435,083.09 1 24,435,083.09 1 24,435,083.09 5 .48% Cash Equivalents Subtotal 1 279,908,737.77 2 79,908,737.77 2 79,908,737.77 4 .63% U.S. Treasuries
U.S. Treasury AA+ 0.38% 12/31/2025 12/6/2021 640 5 25,000.00 5 18,209.65 4 86,937.50 4 .74% U.S. Treasury AA+ 0.75% 4/30/2026 1/6/2022 760 1 ,200,000.00 1 ,185,904.29 1 ,108,500.00 4 .63% U.S. Treasury AA+ 0.75% 4/30/2026 2/14/2022 760 1 50,000.00 1 46,499.52 1 38,562.50 4 .63% U.S. Treasury AA+ 0.75% 4/30/2026 2/25/2022 760 4 75,000.00 4 64,823.29 4 38,781.25 4 .63% U.S. Treasury AA+ 0.63% 7/31/2026 6/6/2022 852 1 ,600,000.00 1 ,519,201.31 1 ,462,000.00 4 .56% U.S. Treasury AA+ 0.63% 7/31/2026 7/8/2022 852 8 25,000.00 7 84,990.09 7 53,843.75 4 .56% U.S. Treasury AA+ 0.63% 7/31/2026 8/4/2022 852 1 ,425,000.00 1 ,358,935.43 1 ,302,093.75 4 .56% U.S. Treasury AA+ 0.63% 7/31/2026 8/15/2022 852 2 ,675,000.00 2 ,534,297.73 2 ,444,281.25 4 .56% U.S. Treasury AA+ 2.00% 11/15/2026 10/11/2022 959 1 ,000,000.00 9 49,820.67 9 38,750.00 4 .50% U.S. Treasury AA+ 2.00% 11/15/2026 11/4/2022 959 4 75,000.00 4 47,974.64 4 45,906.25 4 .50% U.S. Treasury AA+ 2.00% 11/15/2026 12/7/2022 959 2 ,675,000.00 2 ,551,244.51 2 ,511,156.25 4 .50% U.S. Treasury AA+ 2.00% 11/15/2026 1/6/2023 959 1 ,925,000.00 1 ,833,841.62 1 ,807,093.75 4 .50% U.S. Treasury AA+ 2.75% 4/30/2027 2/3/2023 1,125 1 ,575,000.00 1 ,532,489.41 1 ,499,941.49 4 .42% U.S. Treasury AA+ 2.75% 7/31/2027 3/6/2023 1,217 1 ,725,000.00 1 ,637,814.02 1 ,638,210.94 4 .39% U.S. Treasury AA+ 2.75% 7/31/2027 5/5/2023 1,217 3 ,150,000.00 3 ,066,391.71 2 ,991,515.62 4 .39% U.S. Treasury AA+ 2.75% 7/31/2027 6/6/2023 1,217 1 ,200,000.00 1 ,155,407.65 1 ,139,625.00 4 .39% U.S. Treasury AA+ 2.75% 7/31/2027 7/7/2023 1,217 1 ,350,000.00 1 ,286,695.46 1 ,282,078.13 4 .39% U.S. Treasury AA+ 2.75% 7/31/2027 8/4/2023 1,217 1 ,100,000.00 1 ,045,992.79 1 ,044,656.25 4 .39% U.S. Treasury AA+ 2.75% 7/31/2027 9/8/2023 1,217 2 ,150,000.00 2 ,035,091.42 2 ,041,828.12 4 .39% U.S. Treasury AA+ 3.88% 11/30/2027 10/6/2023 1,339 9 50,000.00 9 19,900.72 9 34,859.38 4 .35% U.S. Treasury AA+ 3.88% 11/30/2027 12/5/2023 1,339 7 ,200,000.00 7 ,112,383.28 7 ,085,250.00 4 .35% U.S. Treasury AA+ 3.88% 11/30/2027 1/5/2024 1,339 2 ,750,000.00 2 ,740,115.38 2 ,706,171.87 4 .35% U.S. Treasury AA+ 4.00% 2/29/2028 2/6/2024 1,430 1 ,350,000.00 1 ,355,433.45 1 ,334,390.63 4 .32% U.S. Treasuries Subtotal 1,139 40,600,000.00 3 9,321,148.80 3 8,673,136.80 4 .43% Federal Agencies
Federal Home Loan Bank AA+ 0.38% 9/4/2025 9/11/2020 522 2 75,000.00 2 74,763.70 2 57,990.98 4 .91% Federal Home Loan Mortgage Corporation AA+ 0.38% 9/23/2025 9/25/2020 541 6 50,000.00 6 49,420.77 6 08,712.00 4 .87% Federal National Mortgage Association AA+ 0.50% 11/7/2025 11/12/2020 586 6 50,000.00 6 49,252.45 6 06,849.75 4 .85% Federal Agencies Subtotal 556 1,575,000.00 1 ,573,436.92 1 ,473,552.73 4 .87%

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City of Concord
Cash and Investment Detail
as of March 31, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Federal Agency CMBS
Federal Home Loan Mortgage Corporation AA+ 3.06% 12/1/2024 3/25/2020 245 3 92,209.26 3 94,978.01 3 85,572.17 5 .64% Federal Agency CMO Subtotal 245 392,209.26 3 94,978.01 3 85,572.17 5 .64% Municipal Obligations
State of Connecticut AA- 2.00% 7/1/2024 6/11/2020 92 1 00,000.00 1 00,000.00 9 9,150.00 5 .38% Chaffey Joint Union HS District CA AA- 2.10% 8/1/2024 12/5/2019 123 1 40,000.00 1 40,000.00 1 38,643.40 5 .02% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 457 3 00,000.00 3 00,000.00 2 86,032.00 5 .14% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 457 1 15,000.00 1 15,211.98 1 09,645.60 5 .14% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 457 1 60,000.00 1 60,276.57 1 52,550.40 5 .14% Los Angeles Community College District CA AA+ 0.77% 8/1/2025 11/10/2020 488 2 50,000.00 2 50,000.00 2 36,522.50 4 .99% Minnesota State AAA 0.63% 8/1/2025 8/25/2020 488 1 80,000.00 1 80,000.00 1 70,098.20 4 .93% California State University AA- 0.86% 11/1/2025 7/29/2021 580 1 70,000.00 1 70,000.00 1 59,898.60 4 .80% New Jersey Transport Trust Authority AA- 1.05% 1/1/2026 2/4/2021 641 1 25,000.00 1 25,000.00 1 17,272.50 4 .76% State of California AA- 4.85% 3/1/2027 3/15/2023 1,065 2 40,000.00 2 40,000.00 2 42,280.00 4 .49% Municipal Obligations Subtotal 478 2,790,000.00 2 ,790,488.55 2 ,677,695.90 5 .02% Corporate Notes
Morgan Stanley A- 3.88% 4/29/2024 7/23/2019 29 5 50,000.00 5 50,506.47 5 48,665.70 6 .79% Amazon.com Inc AA 0.45% 5/12/2024 5/12/2021 42 1 15,000.00 1 14,993.72 1 14,325.18 5 .50% Goldman Sachs BBB+ 3.85% 7/8/2024 7/11/2019 99 5 75,000.00 5 75,108.18 5 72,169.28 5 .64% BB&T A- 2.50% 8/1/2024 8/5/2019 123 5 75,000.00 5 75,048.47 5 68,551.38 5 .88% BMW Bank North America A 0.75% 8/12/2024 8/12/2021 134 1 30,000.00 1 29,998.58 1 28,351.99 4 .26% Paccar Financial A+ 1.80% 2/6/2025 10/29/2020 312 3 35,000.00 3 38,010.75 3 25,190.53 5 .37% American Express BBB+ 2.25% 3/4/2025 3/4/2022 338 1 55,000.00 1 54,951.86 1 50,609.63 5 .42% Roche Holdings AA 2.13% 3/10/2025 3/10/2022 344 7 75,000.00 7 75,000.00 7 52,703.25 5 .29% Home Depot A 2.70% 4/15/2025 3/28/2022 380 4 5,000.00 4 4,973.21 4 3,783.16 5 .40% Cintas Corporation A- 3.45% 5/1/2025 5/3/2022 396 1 30,000.00 1 29,989.67 1 27,443.29 5 .33% USAA Capital Corporation AA 3.38% 5/1/2025 5/26/2022 396 4 50,000.00 4 49,457.29 4 41,573.75 5 .17% Apple Inc AA+ 1.13% 5/11/2025 5/13/2020 406 6 00,000.00 6 00,252.09 5 73,756.00 5 .22% General Dynamics Corp A- 3.50% 5/15/2025 10/20/2020 410 4 25,000.00 4 36,145.42 4 17,064.40 5 .23% JP Morgan Chase A- 0.82% 6/1/2025 6/1/2021 427 5 95,000.00 5 95,000.00 5 89,789.59 1 .58% Amazon.com Inc AA 0.80% 6/3/2025 6/5/2020 429 7 25,000.00 7 24,916.64 6 90,772.03 4 .99% National Australia Bank AA- 3.50% 6/9/2025 6/9/2022 435 4 85,000.00 4 85,000.00 4 75,830.11 5 .15% National Rural Utilities Co Finance Corp A- 3.45% 6/15/2025 5/4/2022 441 1 00,000.00 9 9,989.56 9 7,904.00 5 .26% IBM Corp A- 4.00% 7/27/2025 7/27/2022 483 4 50,000.00 4 50,000.00 4 42,746.00 5 .27% Bank of America A- 3.88% 8/1/2025 8/20/2020 488 4 00,000.00 4 15,292.93 3 93,802.80 5 .08% Abbott Laboratories AA- 3.88% 9/15/2025 9/28/2020 533 4 00,000.00 4 14,928.81 3 93,952.80 4 .96% Bank of America A- 1.53% 12/6/2025 12/6/2021 615 5 00,000.00 5 00,000.00 4 86,129.00 3 .24% JP Morgan Chase A- 2.60% 2/24/2026 2/24/2022 695 3 50,000.00 3 50,000.00 3 41,218.85 3 .98% UnitedHealth Group A+ 1.15% 5/15/2026 5/19/2021 775 4 75,000.00 4 74,648.90 4 38,643.50 4 .99% BMW Bank North America A 1.25% 8/12/2026 8/16/2021 864 3 25,000.00 3 24,953.82 2 97,410.10 5 .10% Caterpilar Inc. A 1.70% 1/8/2027 1/13/2022 1,013 4 50,000.00 4 48,737.08 4 14,226.35 4 .80% Target Corp A 1.95% 1/15/2027 1/24/2022 1,020 8 0,000.00 7 9,923.73 7 4,240.88 4 .73% Bank OF New York Mellon Corp A 2.05% 1/26/2027 1/28/2022 1,031 9 25,000.00 9 23,840.40 8 56,034.78 4 .91%

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City of Concord
Cash and Investment Detail
as of March 31, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Berkshire Hathaway AA 2.30% 3/15/2027 3/17/2022 1,079 9 00,000.00 8 90,021.41 8 45,797.50 4 .50% National Australia Bank AA- 3.91% 6/9/2027 6/13/2022 1,165 4 00,000.00 3 97,715.44 3 88,855.60 4 .86% Astrazeneca Finance LLC A 4.88% 3/3/2028 3/3/2023 1,433 4 50,000.00 4 49,287.53 4 50,464.40 4 .84% Walmart, Inc. AA 3.90% 4/15/2028 4/18/2023 1,476 3 10,000.00 3 09,538.74 3 03,382.43 4 .48% Lockheed Martin Corporation A- 4.45% 5/15/2028 5/25/2023 1,506 7 0,000.00 6 9,895.64 6 9,203.68 4 .76% Merck & Co Inc A+ 4.05% 5/17/2028 5/17/2023 1,508 1 80,000.00 1 79,879.74 1 76,538.96 4 .56% John Deere Capital A 4.95% 7/14/2028 7/25/2023 1,566 4 50,000.00 4 52,962.81 4 52,691.45 4 .79% Citigroup Inc A+ 5.80% 9/29/2028 10/4/2023 1,643 9 00,000.00 8 95,922.92 9 31,323.60 4 .93% Toyota Motor A+ 4.65% 1/5/2029 1/5/2024 1,741 2 60,000.00 2 59,659.02 2 57,867.22 4 .84% Toyota Motor A+ 4.65% 1/5/2029 1/5/2024 1,741 1 90,000.00 1 89,759.91 1 88,441.43 4 .84% Air Products & Chemicals A 4.60% 2/8/2029 2/8/2024 1,775 4 10,000.00 4 09,468.88 4 06,912.29 4 .78% Cisco Systems Inc AA- 4.85% 2/26/2029 2/26/2024 1,793 4 85,000.00 4 84,833.14 4 87,716.97 4 .72% Blackrock Inc AA- 4.70% 3/14/2029 3/14/2024 1,809 5 5,000.00 5 4,901.32 5 5,030.75 4 .69% Blackrock Inc AA- 4.70% 3/14/2029 3/14/2024 1,809 5 45,000.00 5 45,264.69 5 45,304.65 4 .69% Corporate Notes Subtotal 838 16,725,000.00 1 6,750,778.77 1 6,316,419.26 4 .88% Certificates of Deposit
Toronto Dominion Bank NY A 5.60% 10/27/2025 10/31/2022 575 8 50,000.00 8 50,000.00 8 55,713.16 5 .06% Nordea Bank AA- 5.53% 11/3/2025 11/3/2022 582 8 50,000.00 8 50,000.00 8 50,330.65 5 .50% Certificates of Deposit Subtotal 578 1,700,000.00 1 ,700,000.00 1 ,706,043.81 5 .28% Other Investments
CalTrust Short Term Fund* AAf 5.03% 4/1/2024 3/31/2024 1 3 ,550,000.00 4 ,627,999.01 4 ,635,863.01 5 .03% CalTrust Medium Term Fund* NR 4.58% 4/1/2024 3/31/2024 1 1 7,050,000.00 1 9,496,325.67 1 9,001,825.89 4 .58% Other Investments Subtotal 1 20,600,000.00 2 4,124,324.68 2 3,637,688.90 4 .67% Operating Total 168 364,290,947.03 3 66,563,893.50 3 64,778,847.34 4 .63% *Values provided by the City of Concord

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City of Concord
Investments Transactions Detail
January 1, 2024 - March 31, 2024
Trade Date Settle Date Transaction CUSIP Issuer Coupon Maturity Par Value Yield at
Market
Purchases
1/2/2024 1/5/2024 Buy 89236TLL7 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES 4.65% 1/5/2029 (260,000.00) 4. 68% 1/3/2024 1/5/2024 Buy 89236TLL7 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES 4.65% 1/5/2029 (190,000.00) 4. 68% 1/2/2024 1/5/2024 Buy 91282CFZ9 US TREASURY NOTES 3.88% 11/30/2027 (2,750,000.00) 3. 98% 2/2/2024 2/6/2024 Buy 91282CGP0 US TREASURY NOTES 4.00% 2/29/2028 (1,350,000.00) 3. 89% 2/6/2024 2/8/2024 Buy 009158BH8 AIR PRODUCTS & CHEMICALS CORP NOTES (CAL 4.60% 2/8/2029 (410,000.00) 4. 63% 2/21/2024 2/26/2024 Buy 17275RBR2 CISCO SYSTEMS INC CORPORATE NOTES (CALLA 4.85% 2/26/2029 (485,000.00) 4. 86% 3/1/2024 3/6/2024 Buy 91282CGP0 US TREASURY NOTES 4.00% 2/29/2028 (1,150,000.00) 4. 30% 3/5/2024 3/14/2024 Buy 09290DAA9 BLACKROCK FUNDING INC CORPORATE NOTES (C 4.70% 3/14/2029 (55,000.00) 4. 74% 3/6/2024 3/14/2024 Buy 09290DAA9 BLACKROCK FUNDING INC CORPORATE NOTES (C 4.70% 3/14/2029 (545,000.00) 4.69% Maturities
3/18/2024 3/18/2024 Maturity 808513BN4 CHARLES SCHWAB CORP NOTES (CALLABLE) 0.75% 3/18/2024 195,000.00 0.75% Sales
1/2/2024 1/4/2024 Sell 693475AV7 PNC BANK NA CORP NOTES (CALLABLE) 3.50% 1/23/2024 550,000.00 1/2/2024 1/5/2024 Sell 3135G05X7 FANNIE MAE NOTES 0.38% 8/25/2025 650,000.00 1/2/2024 1/5/2024 Sell 3137EAEU9 FREDDIE MAC NOTES 0.38% 7/21/2025 750,000.00 1/3/2024 1/5/2024 Sell 89236TGT6 TOYOTA MOTOR CREDIT CORP CORP NOTES 1.80% 2/13/2025 285,000.00 1/3/2024 1/5/2024 Sell 89236TGT6 TOYOTA MOTOR CREDIT CORP CORP NOTES 1.80% 2/13/2025 100,000.00 1/3/2024 1/5/2024 Sell 89236TGT6 TOYOTA MOTOR CREDIT CORP CORP NOTES 1.80% 2/13/2025 65,000.00 1/2/2024 1/5/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 25,000.00 1/2/2024 1/5/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 875,000.00 1/3/2024 1/5/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 25,000.00 2/2/2024 2/6/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 525,000.00 2/2/2024 2/6/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 675,000.00 2/6/2024 2/8/2024 Sell 037833DT4 APPLE INC (CALLABLE) CORP NOTES 1.13% 5/11/2025 450,000.00 2/21/2024 2/26/2024 Sell 91282CBC4 US TREASURY NOTES 0.38% 12/31/2025 500,000.00 3/1/2024 3/6/2024 Sell 02665WCZ2 AMERICAN HONDA FINANCE CORP NOTE 2.40% 6/27/2024 575,000.00 3/1/2024 3/6/2024 Sell 254687FK7 WALT DISNEY COMPANY/THE (CALLABLE) 1.75% 8/30/2024 600,000.00 3/6/2024 3/13/2024 Sell 91282CBW0 US TREASURY NOTES 0.75% 4/ 30/2026 550,000.00 Paydowns
2/1/2024 2/1/2024 Paydown 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 653.20 3/1/2024 3/1/2024 Paydown 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 731.78

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City of Concord
Operating Funds Investment Policy Report
as of March 31, 2024
Credit Quality
Minimum Permitted Rating Lowest Rated Security
(S&P)
U.S. Treasuries N/A AA+
Federal Agencies N/A AA+
Supranationals "AA" Category by a NRSRO AAA
Municipal Obligations "A" Category by a NRSRO A+
Corporate Notes "A" Category by a NRSRO BBB+
Commercial Paper Highest Short-Term Category NA
Certificates of Deposit "A" Category by a NRSRO A-1/A
Maturity Limits
Maximum Maturity Limit Maximum Maturity
U.S. Treasuries 5 Years 3.92 Years
Federal Agencies 5 Years 1.61 Years
Federal Agency CMBS 5 Years 0.67 Years
Supranationals 5 Years 0.00 Years
Municipal Obligations 5 Years 2.92 Years
Corporate Notes 5 Years 4.96 Years
Commercial Paper 270 Days 0.00 Years
Certificates of Deposit 5 Years 1.59 Years
Sector Allocations
Maximum Allocation Current Allocation
U.S. Treasuries 100% 13.7%
Federal Agencies 100% 0.5%
Federal Agency CMBS* 0% 0.1%
Supranationals 30% 0.0%
Municipal Obligations 30% 1.0%
Corporate Notes 30% 5.8%
Commercial Paper 20% 0.0%
Certificates of Deposit 30% 0.6%
For informational purposes only and is not provided for compliance assurance, and is formatted for the City's use. *Effective August 18, 2020, federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, commercial mortgage backed-securities are no longer authorized for purchase. Investments purchased before this date may be held in the portfolio until maturity.

The current allocation calculation excludes funds in the LAIF-COP 2021 account, as bond proceeds are not subject to the City's Investment Policy sector limits, per California Government Code.

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City of Concord
Operating Funds Investment Policy Report
as of March 31, 2024
During the reporting period for the quarter ended March 31, 2024 the account(s) managed by PFM Asset Management ('PFMAM') were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.

Acknowledged : PFM Asset Management LLC
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").

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Investment Portfolio Benefits all Funds
The City’s cash and investment portfolio represents money from all City funds, including the General Fund, Enterprise funds, Capital Projects funds, and other funds, which are restricted to specific purposes.

In general, monies held by the City are allocated by the City Council for spending or are purposefully retained in reserves. For examp le, the money in the Capital Projects fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, approximately $36.7 million is purposely held in reserve to meet the City’s reserve policy of a minimum of 17% and a goal of 30% of operating expen
ditures. Due to the schedule of when the City receives revenues throughout the year, cash reserves typically dip in the months of July through December until the first installment of Property Taxes are received in December. Typically, 63% of our General Fund revenues are received as of March 31.

Compliance with Reserve Policy is mea
sured at the end of the City’s fiscal year, June 30.

Below is a chart showing the composition of the cash and investment portfolio included in the March 31, 2024 Treasurer’s Report. It is important to und erstand that the only money not already allocated (but not yet spent) or restricted for a specific purpose is the General Fund Emergency Reserve, which is shown in the pie chart on the chart below in gray.

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Fund Descriptions:

General Fund is the City’s operating fund that accounts for general purpose revenues and expenses and are by definition unrestricted. The Cash and Investments in the General Fund is comprised of the following categories: 1) Assignments and Restrictions for obligations already entered into but not yet paid; 2) Advances to Other funds which primarily represe nt advances to the Local Reuse Authority for the Naval Weapons Station redevelopment project and to the Golf Course for improvements at that facility; and 3) Emergency Reserve funds that are retained per Council Policy to address financial uncertainties.

Enterprise Funds report operations that are operating in a manner similar to a private business enterprise.

The Sewe
r Fund is the largest fund in this category and is legally restricted to be used only for sewer related activities.

Special Revenue Funds account for funds where the source of revenue is dedicated and restricted to a specific purpose. Housing funds, State Gas Tax funds and Assessment District funds represent examples of these types of funds.

Capital Projects Funds are used to track the financial resources set aside to acquire and/or construct major capital assets.

Internal Service Funds (ISF) are established to account for special activities and services performed by a designated department for othe
r departments on a cost ‐reimbursement basis or replacement of necessary equipment. Examples include Worker’s Compensation, Fleet Maintenance/Replacement, Information Technology, and Building Maintenance fund. Funds are restricted by policy through the City Council and spent in accordance with the program/equipment they are designated to support.

Trust Funds are used to account for assets held by the City as a trustee agen t for individuals, private
organizations, and other governments. Examples include the City of Concord Retirement System Pension Fund and the Successor Agency Private Purpose Trust Fund.

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Staff Report
Date: May 14, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the following actions in relation to the Willow Pass and Landana Sewer Capacity Improvements Project
(Project Nos. 2702 and 2704) which will construct sewer capacity improvements on Willow Pass Road, between
Gateway Boulevard and Landana Drive, and on Landana Drive, between Willow Pass Road and Larkspur Drive:

1. Award of a Construction Contract in the amount of
$11,212,940 to Precision Engineering Inc., and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making CEQA determination as provided in this staff report (Funded by Sewer Enterprise Funds);

2. Approval of a Professional Services Agreement with
Swinerton Management & Consulting in the not-to-exceed
amount of $715,000 for construction management, inspection, and materials testing services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approval of related budget transfers to the project in the total amount of $5,500,000 from various projects as shown in the staff report; and

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City Council Agenda Report
Agenda Item No. 4.c
May 14, 2024

4. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) (Project) will construct sewer capacity improvements on Willow Pass Road between Gateway Boulevard and Landana Drive, and on Landana Drive between Willow Pass Road and Larkspur Drive. See attached Location Map (Attachment 1).

The Project has been designed and competitively bid, and is at the point of construction contract award. If award is approved by the City Council (Council), Project construction is expected to begin in June 2024 and be completed in December 2024, weather permitting.

Recommended Action

1. Award a Construction Contract in the amount of $11,212,940 to Precision Engineering Inc., for the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make CEQA determination as provided in this staff report;

2. Approve a Professional Services Agreement with Swinerton Management & Consulting in the not-to-exceed amount of $715,000 for construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve related budget transfers to the Willow Pass Sewer Capacity Improvements (Project No. 2702) in the total amount of $5,500,000 from various projects as shown in this staff report; and

4. Authorize the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704, and direct the City Clerk to file a Notice of Completion.

Background
On June 6, 2023, City staff (Staff) presented the Mid-Cycle budget update to Council.

Two of the projects recommended to be funded were the Willow Pass Sewer Capacity

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City Council Agenda Report
Agenda Item No. 4.c
May 14, 2024
Improvements Project (Project No. 2702) and the Landana Sewer Capacity Improvements Project (Project No. 2704). These projects were created based on recommendations within the Sewer Master Plan. Staff combined the two projects into one for the purposes of design and construction due to the connectivity of the sewer lines and proximity of work and the likelihood for better bids.

The project will upsize the entire sewer main line on Willow Pass Road from Fry Way to Landana Drive and build a new segment of main line from Fry Way to Gateway Boulevard. The project is designed as it is in response to observed field conditions in the Downtown area, in order to support future development within the Downtown core, and most importantly in order to have the system fully upgraded in advance of Willow Pass Road being repaved. Upgrading the entire sewer main line will eliminate the need for any planned repairs while Willow Pass Road is under a paving moratorium.

The Project design was successfully completed on an accelerated schedule, beginning in October 2023 and being completed in March 2024, in order for construction to be fully completed in advance of the paving project that is scheduled for Spring 2025 construction. Staff presented the Project impacts to the Todos Santos Business Association (TSBA) on April 11, 2024. Most Project impacts do not directly impact businesses in the TSBA. It was shared with the TSBA that construction contract language prohibits the contractor from working on Willow Pass Road, between Galindo Street and Colfax Street, during the day on Tuesdays and in the evenings on Thursdays, to avoid conflicts with Farmer’s Market and Music & Market.

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement (PSA) with the Contra Costa Building & Trades Council for projects with a construction contract valued at over $750,000. The Project will be subject to the requirements of the PSA. The prospective bidders for this Project were made aware of this requirement as part of the bid documents.

Procurement Process
The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $12,102,700. Bids were opened on April 11, 2024. Three (3) bids were received in the amount ranging from $11,212,940 to $13,733,910. The basis of award for this project is the Total Bid. The lowest bid was received from Precision Engineering Inc. of San Francisco, CA (Precision). A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Precision
Engineering
Inc.

Ranger
Pipelines Inc.

Cratus Inc.

Total Bid $12,102,700 $11,212,940 $12,871,603 $13,733,910

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City Council Agenda Report
Agenda Item No. 4.c
May 14, 2024
Precision was the low bidder and submitted a responsive and responsible bid. Precision has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of Precision’s bid, determining that this firm possesses an appropriate and valid license, and is not on any debarred lists. Precision is registered with the Department of Industrial Relations as required by SB 854. Precision and their subcontractors have agreed to be bound to the Citywide PSA. Should Council award this contract, the Total Bid will be constructed.

Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management services on February 22, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Three (3) proposals were received, which were reviewed and ranked by the selection committee.

Based on the analysis of the proposals, interviews, and references, Swinerton Management & Consulting (Swinerton) of Concord, CA was selected as the most qualified firm to provide construction management services for the Project. Staff and Swinerton negotiated the scope of work and cost for the services and agreed upon $715,000 (base amount of $650,000 and 10% contingency amount of $65,000) as a fair and reasonable compensation for the services. Swinerton and their materials testing sub-consultant, Ninyo & Moore, have both agreed to be bound to the Citywide PSA for materials testing services.

Financial Impact
The current budget for this Project is $8,250,000, with $7,500,000 from the Willow Pass Sewer Capacity Improvements Project (Project No. 2702) and $750,000 from the Landana Sewer Capacity Improvements Project (Project No. 2704). Both projects are funded by Sewer Enterprise Funds (Fund 710). Budget transfers in the total of $5,500,000 are needed to fully fund the Project for construction, a 10% construction contingency, construction management, inspection and materials testing services, and Staff time. The projects from which the transfers would occur as are follows:

Fund Project
Number
Project Name Budget
Transfer
Amount
710 2405 El Molino Cross-Tie $164,445.98
710 2406 Concord BART Sewer Upgrade $246,446.91
710 2407 Downtown Sanitary Sewer Phase 3 $665,209.12
710 2446 Downtown Sewer and Streetscape $1,686,385.13

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City Council Agenda Report
Agenda Item No. 4.c
May 14, 2024
710 2447 Ellis Lake Area Sanitary Sewer $1,090,620.45
710 2506 El Portal Sewer Repair $127,210.16
710 2554 Diamond/Willow Pass Sewer Repair $286,613.22
710 2599 Citywide Sewer Capacity Upgrade $1,233,069.03
TOTAL $5,500,000.00
All of the projects shown in the table above are completed projects and the remaining fund balances are no longer needed for the respective projects. All budget transfers will go into the balance of Project No. 2702.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract and agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves removing and replacing sewer pipe in existing alignments and minimal paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Construction Contract with Precision Engineering, Inc.

4. Professional Services Agreement with Swinerton Management and Consulting, with Exhibit A – Fee Proposal

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Attachment 1
Location Map
Willow Pass and Landana Sewer Capacity Improvements Project (Projects 2702/2704) Project Limits

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City of Concord
Bid Sheet
PROJECT #2702/2704 Bid Opening:

Willow Pass and Landana Sewer Capacity
Improvements
Thursday,
April 11, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $12 Million To be awarded:

COMPANY TOTAL BID
Precision Engineering
1939 Newcomb Avenue
San Francisco, CA 94124
$11,212,940.00
Ranger Pipelines, Inc
P.O. Box 24109
San Francisco, CA 94124
$12,871,603.00
Cratus Inc
945 Taraval Street, #302
San Francisco, CA 94116
$13,733,910.00
Con
tact: Tianjun Cao x3243
Attachment 2

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CONTRACT
THIS CONTRACT, made and entered into this May 14, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Precision Engineering Inc., 1939 Newcomb Ave, San Francisco, CA, 94124, hereinafter called "Contractor", for Willow Pass and Landana Sewer Capacity Improvements Project, Project No. 2702/2704.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, open trench sewer replacement, pipe bursting, CIPP, and pavement restoration; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $11,212,940 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

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in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

6. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

8. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

9. Time is of the essence to the terms of this contract.

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NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

Precision Engineering Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
710-9500-C999-74200 710-2702-115-74200 $10,462,940.00 710-9500-C999-74200 710-2704-115-74200 $750,000.00

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on May 14, 2024, between the City of Concord (“CITY”) and Swinerton Management and Consulting, Inc., 2001 Clayton Road, Concord, CA 94520 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on May 14, 2024 and expire on June 30, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for construction management, inspection, and materials testing for PJ2702/2704: Willow Pass and Landana Sewer Capacity Improvements Project, described in detail in Exhibit A, a proposal from Swinerton Management and Consulting dated April 17, 2024, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed Seven Hundred and Fifteen Thousand Dollars ($715,000) for the term of this Agreement. The total includes the sum of the base contract of Six Hundred and Fifty Thousand ($650,000) and a 10% contingency of Sixty Five Thousand Dollars ($65,000). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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

Gee, AIA, Principal In Charge.

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

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

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

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28 restitution, quantum merit, or similar relief.

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

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

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

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

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

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

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

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

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

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

10. INDEMNIFICATION.

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

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

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

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

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

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

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

D. Compliance with State Workers' Compensation Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

16. CONFLICT OF INTEREST.

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

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

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

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

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

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

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

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

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

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
Email: [email protected]
To CONSULTANT: Jeffrey S. Gee, Principal In Charge
Swinerton Management and Consulting
2001 Clayton Road
Concord, CA 94520
Phone: (650) 483-7412
Email: [email protected]

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have

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28 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.

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

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

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

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28 CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jeffrey S. Gee Name: Valerie Barone
Title: Principal In Charge Title City Manager
Address: 2001 Clayton Road Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519
Telephone: (650) 483-7412 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2024
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $715,000
Account Code: 7109500C999-74250 / 7102702117-74250

Finance Director's Signature

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FEE PROPOSAL TO:

CITY OF CONCORD

COMMUNITY DEVELOPMENT DEPARTMENT

ENGINEERING SERVICES DIVISION
1435 GASOLINE ALLEY
CONCORD, CA 94520
Attention: Mr. Tianjun Cao, PE
Associate Civil Engineer
FOR

CONSTRUCTION MANAGEMENT AND MATERIAL

TESTING SERVICES
FOR

WILLOW PASS AND LANDANA SANITARY

SEWER CAPACITY IMPROVEMENTS PROJECT
CITY PROJECT NOS. 2702 | 2704

Under Separate Cover
April 17, 2024

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1. Review Contract Documentation 2 $500 4 $740 4 $620 4 $740 4 $740 $3,340

2. Conduct Pre-construction Conference, agenda & minutes 2 $500 4 $740 4 $620 2 $370 0 $0 $2,230

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 8 $1,480 10 $1,550 16 $2,960 0 $0 $5,990

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 30 $7,500 40 $7,400 40 $6,200 30 $5,550 0 $0 $26,650

5. Attend Meetings w/ City / Management Oversight 4 $1,000 20 $3,700 20 $3,100 8 $1,480 0 $0 $9,280

6. Coordinate with other City's Adjacent Projects 10 $2,500 20 $3,700 24 $3,720 24 $4,440 16 $2,960 $17,320

7. Monitor Contractor's Progress Schedule & Phasing 4 $1,000 20 $3,700 24 $3,720 32 $5,920 0 $0 $14,340

8. Monitor the Project's Construction Budget 4 $1,000 20 $3,700 24 $3,720 32 $5,920 0 $0 $14,340

9. Monitor the Contractor's Progress 4 $1,000 24 $4,440 20 $3,100 24 $4,440 0 $0 $12,980

10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 24 $4,440 20 $3,100 24 $4,440 0 $0 $11,980

11. Maintain Project Docs / Records per City / Caltrans Standards 4 $1,000 12 $2,220 16 $2,480 12 $2,220 0 $0 $7,920

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 12 $2,220 16 $2,480 12 $2,220 0 $0 $6,920

13. Process / Track Submittals 4 $1,000 20 $3,700 20 $3,100 12 $2,220 0 $0 $10,020

14. Review Submittals (Work Plan, Traffic Control Plan, etc) 4 $1,000 24 $4,440 20 $3,100 16 $2,960 0 $0 $11,500

15. Process / Track RFI's 4 $1,000 24 $4,440 20 $3,100 16 $2,960 0 $0 $11,500

16. Process, Negotiate & Issue Change Orders / Cost Proposals 4 $1,000 20 $3,700 16 $2,480 8 $1,480 0 $0 $8,660

17. Monitor / Recommend Corrective Action for Unforeseen Issues 2 $500 16 $2,960 16 $2,480 8 $1,480 0 $0 $7,420

18. Review / Resolve Notices of Potential Claims 4 $1,000 12 $2,220 12 $1,860 4 $740 0 $0 $5,820

19. Prepare Contract Amendment(s), as needed 4 $1,000 16 $2,960 20 $3,100 4 $740 0 $0 $7,800

20. Review and Process Monthly Progress Payments 0 $0 16 $2,960 24 $3,720 12 $2,220 0 $0 $8,900

21. Labor Compliance Field Interviews per Caltrans 0 $0 4 $740 4 $620 0 $0 0 $0 $1,360

22. Review Certified Payroll Reports 0 $0 4 $740 4 $620 0 $0 0 $0 $1,360

23. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 8 $1,480 4 $620 30 $5,550 0 $0 $7,650

24. Compile / Maintain As-Built Record Drawings 0 $0 12 $2,220 12 $1,860 24 $4,440 0 $0 $8,520

25. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 0 $0 12 $2,220 12 $1,860 16 $2,960 0 $0 $7,040 Quality Assurance, Inspection and Material Testing

26. Provide Daily On-Site Observation / Inspection Services 0 $0 40 $7,400 80 $12,400 310 $57,350 310 $57,350 $134,500

27. Maintain Daily Inspection Logs 0 $0 12 $2,220 16 $2,480 20 $3,700 0 $0 $8,400

28. Provide Project Photo Progress Reports 0 $0 12 $2,220 16 $2,480 32 $5,920 0 $0 $10,620

29. Monitor Project for Conformance with the TCP, Plans + Specs 4 $1,000 16 $2,960 20 $3,100 40 $7,400 0 $0 $14,460

30. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 12 $2,220 12 $1,860 16 $2,960 0 $0 $7,040

31. Coordinate the Materials Sampling, Testing and Special Inspection 4 $1,000 12 $2,220 20 $3,100 24 $4,440 0 $0 $10,760

32. Observe Contractor's Final Testing and Commissioning of Utilities 0 $0 12 $2,220 20 $3,100 16 $2,960 0 $0 $8,280

33. Review and Monitor Contractor's On-site Safety 0 $0 12 $2,220 20 $3,100 40 $7,400 0 $0 $12,720

34. Monitor the Quality Control / Quality Assurance Program 4 $1,000 12 $2,220 20 $3,100 40 $7,400 0 $0 $13,720 Public and Community Relations

35. Ensure Contractor Compliance with Public Notifications 4 $1,000 16 $2,960 16 $2,480 12 $2,220 0 $0 $8,660

36. Coordinate with Residents, Businesses, etc during Construction 6 $1,500 40 $7,400 22 $3,410 12 $2,220 0 $0 $14,530

37. Coordinate with Property Owners, Contractor, Utility Companies 6 $1,500 40 $7,400 22 $3,410 12 $2,220 0 $0 $14,530

38. Outreach - City Staff, Agencies, Consultants for Construction Notices 6 $1,500 20 $3,700 8 $1,240 12 $2,220 0 $0 $8,660

39. Facilitate Necessary Utility Coord w/ Utility Companies, City, Designer & Contractor 4 $1,000 20 $3,700 8 $1,240 12 $2,220 0 $0 $8,160 Post Construction Services

40. Review Close-out Documents (i.e. Record Dwgs, PSA, Warranty) 2 $500 4 $740 4 $620 4 $740 0 $0 $2,600

41. Prepare Close-out Documents / Package 0 $0 4 $740 4 $620 4 $740 0 $0 $2,100 Brett Lowther -
Sr. Construction Inspector SMC
CITY OF CONCORD - Willow Pass and Landana Sewer Capacity Improvements Project (PJ2702 & PJ2704) Matrix of CM Tasks and Fee Proposal for Construction Management & Inspection Services - (120 Working Days Construction) Robert Addiego -
Project Executive SMC
Jeff Neuenburg, EIT -
Asst Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC

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4/17/2024
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2024 $250 $185 $155 $185 $185 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Brett Lowther -
Sr. Construction Inspector SMC
CITY OF CONCORD - Willow Pass and Landana Sewer Capacity Improvements Project (PJ2702 & PJ2704) Matrix of CM Tasks and Fee Proposal for Construction Management & Inspection Services - (120 Working Days Construction) Robert Addiego -
Project Executive SMC
Jeff Neuenburg, EIT -
Asst Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC

42. Maintain Electronic & Hard Copy Project Files 0 $0 4 $740 4 $620 4 $740 0 $0 $2,100

43. Perform Post Construction Review and Prepare Lessons Learned 2 $500 4 $740 4 $620 4 $740 0 $0 $2,600

44. Prepare Final Estimate & Payment 0 $0 4 $740 4 $620 0 $0 0 $0 $1,360

45. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 4 $1,000 8 $1,480 8 $1,240 4 $740 0 $0 $4,460

46. One-year Warranty Review / Observe Repairs 4 $1,000 8 $1,480 8 $1,240 8 $1,480 0 $0 $5,200 Subtotal Hours 140 708 742 996 330
Subtotal Cost per Consultant Individual $35,000 $130,980 $115,010 $184,260 $61,050 Consultant Subtotal $526,300
Allowance for Special Inspection and Materials Testing
Ninyo & Moore $115,325 $115,325
Additional Cost-Reproduction, Photos, Misc Office Supplies $250 $250 Autodesk PlanGrid (Subscription) $8,125 $8,125
Additional Cost-Allowance Subtotal $123,700 $123,700
BASE FEE PROPOSAL - SUBTOTAL $650,000
CONTINGENCY (10%) $65,000
GRAND TOTAL $715,000
Assumptions:

1. Allowance for Ninyo & Moore equals $104,840 plus 10% for insurance and mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.

2. Ninyo & Moore allowance includes union fees and dues in order to comply with the City's Project Stabilization Agreement.

3. Actual costs for Ninyo & Moore will be billed through Swinerton's contract to the City. Actual costs for Ninyo & Moore will be dependent on the number of inspections.

4. The cost above for Autodesk PlanGrid includes annual subscription costs of $1,625 per year per user. The total cost of $8,125 includes five (5) SMC users for a total of one year.

5. The cost for Autodesk PlanGrid can be adjusted to pay per month instead of annually, if desired.

6. The cost above includes a total of 60 working days of Night Work for the entire construction duration. The cost does not include performing any Weekend Work (if needed).

7. The Cost Estimate is based on awarding the Base Bid work for both Willow Pass Road and Landana Drive.

8. The Cost Estimate is based on the Resident Engineer being available for approximately 22 hours per week during the Preconstruction, Construction and Post-Construction Phases.

9. The Cost Estimate is based on one Sr. Construction Inspector (J. Haworth) being available for 40 hours per week during the Construction Phase, and the other Sr. Construction Inspector (B. Lowther) being available to assist on an as needed basis.

10. The Cost Estimate is based on the Assistant Project Manager being available for approximately 30 hours per week during the Construction Phase, particularly assisting in the field during Pipe-bursting and CIPP operations.

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

12. The Cost Estimate is a not-to-exceed amount based on 20 work days of Preconstruction support, 120 work days of Field Construction, and 30 calendar days of Post-Construction / Closeout.

13. The Cost Estimate is based on the Contractor working on multiple operations and/or at multiple locations concurrently, thus needing mutliple field crew team members to observe and inspect work simultaneously.

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THANK YOU

FOR YOUR CONSIDERATION
JEFFREY S. GEE, AIA

VICE PRESIDENT/GENERAL MANAGER

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

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From: Jason Pfister <[email protected]>
Sent: Tuesday, May 14, 2024 1:04 AM
To: City Clerk <[email protected]>
Subject: Constituent Comment: Zoom and Sewer improvements

AGENDA ITEM: 2

Dear City Council:

AGENDA ITEM: 4c

Dear City Council:

-Jason Pfister

Benched Correspondence
Agenda Item No. 4.c
May 14, 2024

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1. Award of a construction contract in the amount
$4,195,417.85 to Goodfellow Bros., Inc. for the Monument Boulevard Pavement Rehabilitation (Project No. 2581)
located along Monument Boulevard from Detroit Ave to the Walnut Creek City Limits; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA
determinations as provided in this staff report;

2. Approval of a Professional Services Agreement with
Ghirardelli and Associates, Inc. in the not-to-exceed
amount of $758,570 (base agreement of $689,609 plus staff authority to spend up to a 10% contingency of $758,570) to provide construction management, inspection, and
materials testing services for the Monument Boulevard
Pavement Rehabilitation (Project No. 2581); authorizing the City Manager to execute the agreement in a form
acceptable to the City Attorney; and making the CEQA
determinations as provided in this staff report;

3. Appropriating $110,000 to the project from the Cal Recycle Rubber Grant; and

4.d4.d4.d4.d4.d4.d

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City Council Agenda Report
Agenda Item No. 4.d
May 14, 2024

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2581 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.

Report in Brief
The Monument Boulevard Pavement Rehabilitation (Project No. 2581) will involve pavement rehabilitation on Monument Boulevard from the City limits at the Walnut Creek Bridge to Detroit Avenue. Along with the pavement rehabilitation, the Project involves, potholing of underground utilities, traffic control, water pollution control, demolition, the installation/upgrades of curb ramps at intersections, adjustment of utilities, restriping, and installation of high visibility crosswalks. See attached Location Map for Project limits (Attachment 1).

The Monument Boulevard Pavement Rehabilitation has been designed, competitively bid (see Attachment 2 for bid summary) and is now at the point of construction contract award. In order to proceed with construction, a $110,000 appropriation of CalRecycle Rubber Grant funds is required. If the award and the recommended grant appropriation are approved by the City Council (Council), construction is expected to begin in June 2024, with completion by December 2024, weather permitting. The construction contract with Goodfellow Bros. California LLC (Goodfellow) is attached (Attachment 3).

Construction management, inspection, and materials testing services are needed to ensure that work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord (City).

The Professional Services Agreement with Ghirardelli and Associates, Inc. is attached (Attachment 4).

Recommended Action

1. Award a construction contract in the amount of $4,195,417.85 to Goodfellow Bros. California, LLC for the Monument Boulevard Pavement Rehabilitation (Project No. 2581) located along Monument Boulevard from Detroit Ave to the Walnut Creek City Limits, authorize staff to utilize the available project contingency for contract change orders that become necessary up to 15 percent of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;

2. Approve a Professional Services Agreement with Ghirardelli and Associates, Inc. in the not-to-exceed amount of $758,570 (base agreement of $ 689,609.00 plus

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City Council Agenda Report
Agenda Item No. 4.d
May 14, 2024
staff authority to spend up to a 10% contingency of $ $68,961) to provide construction management, inspection, and materials testing services for Project No. 2581; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;

3. Appropriate $110,000 to the project from the 2023-24 Cal Recycle Rubber Grant (Grant Number TRP16-23-0051); and

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2581 and direct the City Clerk to file a Notice of Completion.

Background
The Monument Boulevard Pavement Rehabilitation Project (Project No. 2581) (Project) will involve pavement rehabilitation on Monument Boulevard from the City limits at the Walnut Creek Bridge to Detroit Avenue. Work will also include potholing of underground utilities, traffic control, water pollution control, demolition, the installation/upgrades of curb ramps at intersections, adjustment of utilities, restriping, and installation of high visibility crosswalks as shown on the Bike and Pedestrian Safe Routes to Transit Master Plan.

The road widening at 1650 Monument Boulevard, originally part of a project titled Monument Boulevard Improvements (Project Nos. 2319 and 2445), is included in this Project as an Add Alternative Bid. As part of the improvements, the sidewalk will be straightened and existing driveways modified to meet accessibility standards.

On December 10, 2019, Council adopted a Resolution approving a right-of-way and utility easement at 1650 Monument Boulevard to accommodate the removal of the curb extension, storm drain, communication, electrical, and other utility adjustments.

The existing curb extension forms a chokepoint for eastbound traffic flow during the evening commute period, causing traffic backups and congestion. The removal of the curb extension will allow three eastbound lanes to flow continuously from Victory Lane to east of Detroit Avenue. This project will reduce travel time and greenhouse gas emissions along the Monument corridor by providing adequate lane capacity to accommodate the evening commute traffic.

On June 1, 2020, Council approved the proposed Five-Year Pavement Expenditure Plan, which included the Project.

On June 8, 2021, Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which an included appropriation of $1,660,000 to fund the design and subsequently $6,006,000 in Fiscal Year 2023-24 to fund the construction of the Project.

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City Council Agenda Report
Agenda Item No. 4.d
May 14, 2024
On April 4, 2023, City Council approved a transfer of $400,000 of Measure V Funds from Monument Boulevard Pavement Rehabilitation (Project No. 2581) to fund the design of Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452).

An Open House was held at the Concord Civic Center on October 16, 2023. Notice was sent to approximately 2,000 property owners and tenants on Monument Boulevard within 300 feet of the project and the meeting was posted online. A resident attended the meeting and shared their concern about traffic on the corridor. A representative of Costco attended the meeting and provided feedback on access during construction and their future construction plans.

The preliminary design was presented to the Bicycle and Pedestrian Advisory Committee (BPAC) on October 18, 2023, to review and to provide input regarding the design for conformity with the City’s Bicycle, Pedestrian and Safe Routes to Transit Plan, adopted in September 2016. BPAC was supportive of the project and found the project conformed to the 2016 Plan.

Procurement Process
Construction Contract:

To allow for more competitive bids and to provide additional flexibility in contract award based on available funds, staff prepared a base bid schedule and one alternate bid schedule. This approach allows the City to prioritize and award work within the City’s current funding ability. The summary of the Bid Schedule is as follows:
 Base Bid Schedule A: Pavement rehabilitation on Monument Boulevard, required concrete improvements, pavement marking, and utility adjustments.  Add Alternative Bid Schedule B: Widening Monument Boulevard at 1650 Monument and related concrete, storm drain, and utility improvements.

The Project was advertised for construction bids as required by State law and City policy. Bids were opened on April 10, 2024. Five (5) bids were received in the amount ranging from $4,195,417.85 to $4,892,892.00 as shown on the Bid Summary (Attachment 2). The basis of award for this project is the Total Bid. The Engineer’s Estimate for the Total Bid was $5,600,000 which is the basis of award for this Project.

Goodfellow Bros. California, LLC of Livermore, CA (Goodfellow) was the low bidder and submitted a responsive and responsible bid. A summary of the lowest three bids by schedule is as follows:

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City Council Agenda Report
Agenda Item No. 4.d
May 14, 2024

BID SCHEDULE
Engineer's
Estimate
Goodfellow
Bros.

Teichert
Construction Ghilotti Bros.

Base Bid
Schedule A $ 5,080,000 $ 3,560,756.85 $ 3,860,136.00 $ 3,795,926.10 Add Alt. Bid
Schedule B $ 520,000 $ 634,661.00 $ 479,100.00 $ 550,534.00 Total Bid $ 5,600,000 $ 4,195,417.85 $ 4,339,236.00 $ 4,346,460.10 City staff (Staff) completed analysis of Goodfellow’s bid, determining that this contractor, along with its subcontractors, possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement.

Goodfellow is registered with the Department of Industrial Relations as required by SB 854. Goodfellow has satisfactory work references. They recently completed similar projects for the Cities of Livermore, Pleasanton, and Citrus Heights.

The City reserved the right to include any combination of the additive bids to the project at its own discretion. Staff has determined there are sufficient funds to award the Base Bid Schedule A and Add Alternative Bid Schedule B, totaling $4,824,730.53 (base contract amount of $4,195,417.85 and 15% ($629,312.68) contingency).

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Monument Boulevard Pavement Rehabilitation Project (Project No. 2581) will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. Goodfellow and their subcontractors have submitted the required agreement- to-be-bound forms for the Citywide Project Stabilization Agreement.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services for Monument Boulevard Pavement Rehabilitation Project (Project No. 2581) on February 28, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Five (5) proposals were received, which were reviewed and ranked by Staff.

Based on the analysis of the proposals, interviews, and references, Ghirardelli and Associates, Inc. (Ghirardelli) of Oakland, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for Project No. 2581. Staff and Ghirardelli negotiated the scope of work and cost for the services and agreed upon a base amount of $689,609.00 as a fair and reasonable compensation for the services required in the RFP, covering both projects’ scope of work. Ghirardelli’s

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City Council Agenda Report
Agenda Item No. 4.d
May 14, 2024
material testing sub-consultant, Inspection Services, Inc. (ISI) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
On March 28, 2013, Council adopted Resolution No. 23-20 authorizing the submittal of applications for California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grants over a 5-year period. The Rubberized Pavement Grant Program is designed to promote markets for recycled-content surfacing products derived from only California-generated waste tires.

On January 31, 2024, the City was awarded $250,000 of the 2023-24 CalRecycle Rubber Grant program (Grant Number TRP16-23-0051). These grants are used to pay the incremental cost to include the use of recycled rubber in the roads. The use of the grant will be spread among qualified paving projects. An appropriation of $110,000.00 from the City’s grant funds is needed for this project.

The current Project budget, which includes Measure V Funds (Fund 407), is sufficient to fully fund the construction of the Project. The estimated total cost for design and construction of the Project is $7,373,000.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. PJ 2581 Bid Summary

3. Construction Contract with Goodfellow Bros. LLC

4. Professional Services Agreement with Ghirardelli and Associates, Inc., with Exhibit A, Scope of Services

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Attachment 1
Location Map
Monument Boulevard Pavement Rehabilitation
Project No. 2581

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Attachment 2
City of Concord
Bid Sheet
PROJECT #2581 Bid Opening:

Monument Boulevard Repaving Project Wednesday
April 10, 2024
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $5.6 Million
(revised by addendum #2)
To be awarded:

COMPANY TOTAL BID
Goodfellow Bros.
50 Contractors St.

Livermore, CA 94551
$4,199,499.85
After bid analysis
revised to:
$4,195,417.85
Teichert Construction
5200 Franklin Dr. Ste. 115
Pleasanton, CA 94588
$4,339,236.00
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael, CA 94901
$4,347,460.10
DeSilva Gates Construction
11555 Dublin Blvd.

Dublin, CA 94568
$4,892,892.00
Bay Cities Paving & Grading Inc.
1450 Civic Ct. Bldg. B, Ste. 400
Concord, CA 94520
$4,576,853.66
After bid analysis
revised irregular bid to:
$28,341,227.07
Contact: Aldrich Bautista x3028

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CONTRACT
THIS CONTRACT, made and entered into this May 14, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Goodfellow Bros California, LLC, 50 Contractors Street, Livermore, CA 94551, hereinafter called "Contractor", for Monument Boulevard Pavement Rehabilitation Project, City Project No. 2581.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, clearing and grubbing, tree trimming, asphalt concrete grinding/removal, asphalt concrete installation, rubberized AC installation, asphalt dig out repairs, utility cover lowering and restoring to grade, survey monument adjustments, concrete curb ramp and sidewalk improvements at select locations, pedestrian pushbutton relocations, traffic striping and markings, site cleanup; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $4,195,417.85 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

Attachment 3

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3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

9. Time is of the essence to the terms of this contract.

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NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

GOODFELLOW BROS. CALIFORNIA, LLC
a California corporation
By:___________________________________
Darren Wilhoit, Regional Vice President

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email: [email protected]
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2581-115-74200 $4,195,417.85

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on May 14, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Ghirardelli Associates, Inc., 1970 Broadway, Suite 1220, Oakland, CA 94612 (“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 May 14, 2024 and expire on June 30, 2025.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for five (5) additional period(s) of one (1) year each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the construction management and materials testing consultant services for Monument Boulevard Pavement Rehabilitation, Project No. 2581 described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

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fifty-eight thousand five hundred seventy ($758,570) for the term of this Agreement. The total includes the sum of the base contract of six hundred eighty-nine thousand six hundred nine ($689,609) and a 10% contingency of sixty-eight thousand nine hundred sixty-one ($68,961). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

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set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers 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.

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Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

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

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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.

10. INDEMNIFICATION.

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

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

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Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

13. SUSPENSION OF WORK. CITY may, at any time, by 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 satisfactorily 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 on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or

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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 basis of any protected class pursuant to California law.

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, official, agent, employee 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.

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

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licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

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.

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To CITY: Carlton Thompson,
City Engineer
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Email:

[email protected]
To CONSULTANT: Randall Bruner, PE
CEO/President
Ghirardelli Associates, Inc.
1970 Broadway, Suite 1220
Oakland, CA 94612
Phone: (408) 930-3410
Email: [email protected]

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25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to 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. PROJECT STABILIZATION AGREEMENT. On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

27. 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

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as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Randall Bruner, PE Name: Valerie J. Barone Title: CEO/President Title City Manager
Address: 1970 Broadway, Suite 1220 Address: 1950 Parkside Drive Oakland, CA 94612 Concord, CA 94519 Telephone: (408) 930-3410 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer 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 (2023/24) TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $758,570.00 .

Account Code: 40795000C999-74500 /4072581117-74500.

Finance Director's Signature Page 22 of 25
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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 CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of 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 CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

Page 23 of 25 ends

10/2022 13
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by 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. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of 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, agents, employees, or volunteers.

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

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

5. 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.

Page 24 of 25 ends

Ghirardelli Associates
Project Staffing Effort - Hours and Cost Proposal - Rev 2 Monument Boulevard Pavement Rehabilitation
City of Concord - Project No. 2581
April 26, 2024
Janet Navarro Neil Hannan Kelsey
Ballesteros
Michael
Williams Stacy Barbadillo Anthony
Caravantes Jim Gehle Dania Aguilar Michael
Williams Various
2024 Rate $ 233.65 $ 210.52 $ 185.26 $ - $ 183.60 $ 180.59 $ 197.38 $ 234.67 $ 103.75 $ 221.10

SCOPE OF SERVICES
A. Pre-Construction Services
1 160 120 0 48 0 8 0 337
Total Hours - Pre-construction Services 1 160 120 0 48 0 0 8 0 0 0 337 Total Cost - Pre-Construction Services 233.65$ 33,683.20$ 22,231.20$ -$ 8,812.80$ -$ -$ 1,877.36$ -$ -$ -$ 66,838.21$ B. Construction Services
3 640 640 0 640 40 80 10 0 40 2093
Total Hours - Construction Services 3 640 640 0 640 40 80 10 0 40 0 2093 700.95$ 134,732.80$ 118,566.40$ -$ 117,504.00$ 7,223.60$ 15,790.40$ 2,346.70$ -$ 8,844.00$ 62,144.85$ 467,853.70$ C. Post-Construction Services
1 160 160 120 0 0 441
1 160 160 0 120 0 0 0 0 0 0 441
233.65$ 33,683.20$ 29,641.60$ -$ 22,032.00$ -$ -$ -$ -$ -$ -$ 85,590.45$ D. Other Direct Charges
Inspection Services, Inc. -$
Public Outreach -$
Total - Other Direct Charges -$
BASE BID TOTAL - ALL HOURS 5 960 920 0 808 40 80 18 0 40 0 2871 1,168.25$ 202,099.20$ 170,439.20$ -$ 148,348.80$ 7,223.60$ 15,790.40$ 4,224.06$ -$ 8,844.00$ 62,144.85$ 620,282.36$ E. Bid Alternate (30 working days)
1650 Monument Blvd. Bulb-out Removal 120 0 0 240 360
0 120 0 0 240 360
-$ 25,262.40$ -$ -$ 44,064.00$ 69,326.40$ BASE BID + ALTERNATE 689,609.00$
Notes:

1. Rates based on all work being conducted during the First Shift at the Standard Rate, unless otherwise noted.

2. Rates are valid thru 12/31/2024.

3. A 5% escalation will be added to the rates effective 01/01/2025. Assumptions:

4. ISI Materials Testing Source Inspection: out of state travel not included. Public Outreach - CM will serve as PIO per addendum and monitor Contractor's notifications and address public concerns.

5. Hours based on durations listed in the RFP. Notifications to be provided by Contractor.

6. Due to the work hour restrictions, 1-hr OT inspection is included for the base bid of 80 working days. A second civil inspector is estimated for 80 hrs at Standard Day shift rate.

7. Extensive claims work is not included. Office engineer removed; tasks to be handled by Asst Resident Engineer. 40 hrs of civil inspection included for Second Shift OT (night work).

Civil Inspector
As-Needed Scheduler
BASE BID TOTAL COST with ODCs
Total Hours
Estimated Hours
Total Cost - Construction Services
Total Hours - Post-Construction Services
Total Cost - Post-Construction Services
Civil Inspector
OT
Material
Testing - ISI
Project
Manager
Resident
Engineer
Public
Outreach
Bid Alternate - Total Hours
Bid Alternate - Total Cost
Asst. Resident
Engineer Civil Inspector
Electrical
InspectorOffice Engineer
Exhibit A to Attachment 4

Page 25 of 25 ends

Staff Report
Date: May 14, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following for the Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) located in the residential neighborhood bordered by Meadow Lane to the northeast,
Monument Boulevard to the southeast, Lacey Lane/Tilson
Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

1. Award of a Construction Contract in the amount $239,049 to Villalobos & Associates, Inc. for the Base Bid and Additive Alternative Bid 1 of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure J Local Funds and Capital Projects General Fund); and

2. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb
Ramps (Project No. 2623) and directing the City Clerk to file a Notice of Completion.

4.e4.e4.e4.e

Page 1 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
May 14, 2024
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Pavement Maintenance – Zone 3N: Curb Ramps (Project No. 2623) (Project) will involve concrete repairs and curb ramp improvements in Maintenance Zone 3, Neighborhood N. The Project area is the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest. See attached Location Map (Attachment 1). The Project will be completed in two phases. The first part of the Project, considered in this report, will involve construction of curb ramps and concrete improvements. The second phase of the Project will involve the pavement rehabilitation, sewer replacement, and storm drain replacement which is currently out to bid and will be awarded at a later City Council (Council) meeting.

Pavement Maintenance – Zone 3N: Curb Ramps (Project No. 2623) has been designed and competitively bid and is at the point of construction contract award. If award is approved by Council, Project construction in the field is expected to begin in June 2024 and be completed by July 2024.

Recommended Action

1. Award a Construction Contract in the amount $239,049 to Villalobos & Associates, Inc. for the Base Bid and Additive Alternative Bid 1 of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Measure J Local Funds and Capital Projects General Fund); and make the CEQA determinations as provided in this staff report; and

2. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) and direct the City Clerk to file a Notice of Completion; and make the CEQA determinations as provided in this staff report.

Background
On June 28, 2022, Council adopted the 2-Year CIP Budget for FY 2022/2023 and FY 2023/2024, which included the Pavement Maintenance – Zone 3N (Project No. 2623).

On September 13, 2023, the City presented the Project to the City’s Bicycle and Pedestrian Advisory Committee (BPAC), where bicycle signage additions were presented to the committee. BPAC was supportive of all changes.

Page 2 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
May 14, 2024
On October 11, 2023, staff held an in-person open house community meeting on the Project. The meeting informed the residents within the neighborhood about the proposed pavement treatments and bicycle signage additions. Residents were mostly concerned about the schedule and logistics during construction but did not have any issues with the proposed improvements.

City staff (Staff) has planned to complete the Pavement Maintenance – Zone 3N project in two phases, concrete construction and pavement construction. This was done in order to prioritize having specialized concrete and paving contractors complete the two phases of the project and minimize construction costs. This construction contract award will cover the Curb Ramps construction phase of the Project.

Analysis/Procurement Process
The Project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid is $278,036.00. Bids were opened on April 4, 2024, and six (6) bids were received in amounts ranging from $239,049.00 to $407,010.00. The basis of award for the Project is the Base Bid. The lowest bid was received from Villalobos & Associates, Inc. of Campbell, CA. A summary of the three (3) lowest bids is as follows:

BID SCHEDULE Engineer’s
Estimate
Villalobos &
Associates,
Inc.

TCW
Concrete,
Inc.

Sposeto
Engineering,
Inc.

Base Bid $270,756.00 $235,591.00 $272,848.00 $288,410.00 Bid Alternative 1 $7,280.00 $3,458.00 $3,148.00 $5,460.00 Total Bid $278,036.00 $239,049.00 $275,996.00 $293,870.00 Villalobos & Associates, Inc. was the lowest bidder and submitted a responsive and responsible bid. Villalobos & Associates, Inc. has an appropriate and valid contractor’s license and has also been awarded a separate CIP project for the City’s Citywide Sidewalk Repair (Project No. 2666).

Staff completed analysis of Villalobos & Associates, Inc.’s bid, determining that this contractor possess appropriate and valid licenses, and are not on any debarred lists.

Villalobos & Associates, Inc. is registered with the Department of Industrial Relations as required by SB 854.

The City reserved the right to include any combination of the additive bids to the Project at its own discretion. Staff has determined there are sufficient funds to award the Base Bid and Bid Alternative 1.

Financial Impact
The current total budget for Pavement Maintenance - Zone 3N (Project No. 2623) is $1,980,000 and is funded by Measure J Local Funds (Fund 485) and Capital Projects

Page 3 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
May 14, 2024
General Fund (Fund 400). There are sufficient funds to award the Curb Ramps phase of the Pavement Maintenance - Zone 3N construction contract. There are also sufficient funds to award an approximate construction contingency of 10 percent for the Pavement Maintenance – Zone 3N: Curb Ramps project.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, underground utility, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Page 4 of 9 ends

Attachment 1
Project Location Map
Pavement Maintenance – Zone 3N (Project No. 2623)

PROJECT

LOCATION

Page 5 of 9 ends

City of Concord
Bid Sheet
PROJECT #2623 Bid Opening:

Pavement Maintenance Zone 3N: Curb
Ramps
Thursday,
April 4, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $270,000 To be awarded:

COMPANY TOTAL BID
Kerex Engineering
P.O. Box 23831
Pleasant Hill, CA 94523
$407,010.00
Innovate Concrete, Inc.

P.O. Box 26620
San Jose, CA 95126
$296,967.00
Villalobos & Associates Inc.

P.O. Box 110004
Campbell, CA 95011
$239,049.00
TCW Concrete Inc.
5900 King Road #203
Loomis, CA 95650
$275,996.00
Sposeto Engineering Inc.
4558 Contractors Place
Livermore, CA 94551
$293,870.00
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, CA 94550
$297,500.00
Contact: Justine Gee x3284
Attachment 2

Page 6 of 9 ends

1 of 3

CONTRACT
THIS CONTRACT, made and entered into this May 14, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Villalobos & Associates, Inc., P.O. Box 110004, Campbell, CA 95011, hereinafter called "Contractor", for Pavement Maintenance Zone 3N: Curb Ramps, City Project No. 2623.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, water pollution control, curb ramp installation, hot mix asphalt plugs, sidewalk installation; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $239,049.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

Page 7 of 9 ends

2 of 3
executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

9. Time is of the essence to the terms of this contract.

Page 8 of 9 ends

3 of 3
NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

Villalobos & Associates, Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
400-9500-C999-74200 400-2623-115-74200 $239,049.00
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Page 9 of 9 ends

1. Award of a Construction Contract in the not-to-exceed amount of $3,083,945 to Bay Cities Paving & Grading, Inc., authorizing Staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell
Roads and between Mesa Street/Oakland Avenue and the
Contra Costa Canal, and in Zones 5C & 5D in North
Concord, immediately south of Highway 4, including
Peralta Road and between Highway 242 and Hillsborough
Drive; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report; and

2. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance,
Phase B: Paving Project (Project Nos. 2607-2608) and
directing the City Clerk to file a Notice of Completion. (Funded by Measure V Financing and Revenue, Funds 407
& 490)

4.f4.f4.f4.f4.f

Page 1 of 15 ends

City Council Agenda Report
Agenda Item No. 4.f
May 14, 2024
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.

Report in Brief
Residential Pavement Maintenance, Phase B: Paving Project (Project) consists of Pavement Maintenance – Zone 4O (Project No. 2607) and Pavement Maintenance – Zones 5C & 5D (Project No. 2608). The Project will involve pavement maintenance in two residential neighborhoods. The paving Project is being done after the initial concrete improvements project and was separated to improve bids.

The paving Project has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council (Council), Project construction in the field is expected to begin in July 2024 and be completed by October 2024.

The concrete improvements project was competitively bid in January 2024 and awarded by Council in February 2024, with construction expected to begin in April 2024 and the concrete improvements expected to be completed by August 2024.

Recommended Action

1. Award a Construction Contract in the not-to-exceed amount of $3,083,945 to Bay Cities Paving & Grading, Inc., authorizing Staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

2. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607- 2608) and direct the City Clerk to file a Notice of Completion.

Background
On June 1, 2021, Council approved an updated Five-Year Pavement Expenditure Plan (5-Year Plan).

On June 2, 2022, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2022-23 and 2023-24 that was updated with a mid-cycle update, which

Page 2 of 15 ends

City Council Agenda Report
Agenda Item No. 4.f
May 14, 2024
included funding of the following two projects, grouped administratively, under Residential Pavement Maintenance – Phase B:
 Pavement Maintenance – Zone 4O (Project No. 2607) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4O, located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.
 Pavement Maintenance – Zones 5C & 5D (Project No. 2608) will focus on pavement treatments in residential areas in Pavement Maintenance Zones 5C and 5D, located in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive. The two Pavement Maintenance Zones are combined due to their proximity. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.

On November 8, 2022, Council awarded Pavement Engineering Inc. (PEI) design engineering and related services for Residential Pavement Maintenance – Phase B. In November 2023, nearing design completion of the Project, the Project was separated into the concrete improvements project, paving project, and Northwood Drive project in an effort to improve bid results through lower unit costs and reduced markups from the primary contractor.

A related but separate project for Northwood Drive is anticipated to be competitively bid in April 2024 as a separate project to the paving and concrete improvement projects, awarded in May 2024, and construction expected to begin in July 2024. Construction of the Northwood Drive project is expected to be completed by September 2024.

City of Concord (City) staff (Staff) held a community workshop meeting on Wednesday, August 30, 2023, where approximately 4,400 property owners in Residential Zones 4O, 5C, & 5D were mailed postcards, inviting them to attend and provide input/feedback on the Project.

Seven property owners attended the workshop. Property owners were generally in favor of the Project.

On Wednesday, September 13, 2023, Staff presented the project to the Bicycle Pedestrian Advisory Committee (BPAC) regarding the proposed striping and signage plan for Mount Diablo Street, Coventry Road, Maria Avenue, and Hillsborough Drive in conformance with the City’s Bicycle, Pedestrian, and Safe Routes to Transit Plan adopted in September 2016. The Committee was in support of the plans.

Page 3 of 15 ends

City Council Agenda Report
Agenda Item No. 4.f
May 14, 2024
Procurement Process
Construction Contract
The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Base Bid was $2,800,000. During the bid period, one Bid Addendum was issued. Bids were opened on April 11, 2024. Eight (8) bids were received in the amount ranging from $3,083,945.00 to $3,696,696.00. The lowest bid was received from Bay Cities Paving & Grading, Inc. (Bay Cities) of Concord, CA. A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Bay Cities
Paving &
Grading, Inc.

Lucas Paving Ghilotti Bros,
Inc.

Base Bid $2,800,000 $3,083,945.00 $3,208,529.15 $3,417,812.15 Bay Cities was the low bidder and submitted a responsive and responsible bid. Bay Cities has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of Bay Cities’ bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Bay Cities is registered with the Department of Industrial Relations as required by SB 854. Bay Cities and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

The City received a bid protest from the second lowest bidder within 5 days of the bid opening regarding the licensure of one of Bay Cities’ subcontractors. That bid protest was deemed to be invalid per Public Contract Code sections 4104, 4107 and Business and Professions Code section 7028.

Financial Impact
There are enough funds in the budget for the construction phase of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608). Staff anticipates additional funds will be needed for the future Northwood Drive project; however, Staff will proceed to advertise that project this year and identify the additional funds needed at the time of construction award.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code (PRC) Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under

Page 4 of 15 ends

City Council Agenda Report
Agenda Item No. 4.f
May 14, 2024
CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Page 5 of 15 ends

ATTACHMENT 1

Project Location Map
Residential Pavement Maintenance – Phase B
City Project Nos. 2607 & 2608
PJ 2608
PJ 2607

Page 6 of 15 ends

Project Location Map
Pavement Maintenance - Zone 4O - Project No. 2607

Page 7 of 15 ends

Project Location Map
Pavement Maintenance - Zones 5C & 5D - Project No. 2608

Page 8 of 15 ends

City of Concord
Bid Sheet
PROJECT #2607-2608 Bid Opening:

Residential Pavement Maintenance, Phase B:

Paving Zones 4O, 5C & 5D
Thursday,
April 11, 2024
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $2,800,000 To be awarded:

COMPANY TOTAL BID
Radius Earthwork
197 E. Hamilton Ave, Ste 204
Campbell, CA 95008 3,626,834.71
DeSilva Gates Construction
11555 Dublin Blvd
Dublin, CA 94568
3,696,696.00
JV Lucas Paving, Inc.

PO Box 2887
Martinez, CA 94553
3,208,529.15
MCK Services
PO Box 5697
Concord, CA 94524
3,448,518.30
Ghilotti Bros, Inc
525 Jacoby Street
San Rafael, CA 94901 3,417,812.15
Teichert Construction
5200 Franklin Dr, Ste 115
Pleasanton, CA 94588
3,438,027.00
Bay Cities Paving and Grading Inc
1450 Civic Court, Bldg B, Ste 400
Concord, CA 94520
3,083,945.00
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
3,445,655.00
Co
ntact: Dey Lei x3049
Attachment 2

Page 9 of 15 ends

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CONTRACT
THIS CONTRACT, made and entered into this May 14, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Bay Cities Paving & Grading, Inc., 1450 Civic Court, Bldg B, Ste. 400, Concord, CA, 94520, hereinafter called "Contractor", for Residential Pavement Maintenance, Phase B: Paving – Zones 4O, 5C & 5D, Project Nos. 2607-2608.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, clearing, grubbing and root pruning, cold planing of asphalt roadway, placement of Hot Mix Asphalt (HMA) materials, crack sealing, adjustment of utility covers, traffic striping, signage; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $3,083,945.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

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herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

9. Time is of the essence to the terms of this contract.

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NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

Bay Cities Paving & Grading, Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2607-115-74200 $1,590,515.07
490-9500-C999-74200 490-2608-115-74200 $1,493,429.93

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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From: Barone, Valerie <[email protected]> Sent: Monday, May 13, 2024 2:46 PM
To: Ananthan, Stefanie <[email protected]>; Fockler, Joelle <[email protected]>
Subject: FW: Question regarding item 4f

This e-mail is being shared with all Councilmembers and Placed Into the Public Record for this Council Item
Carlyn,

See the information below.

Stefanie, please inset this into the public record for this Council Agenda item.

Valerie

Valerie Barone, City Manager (she/her/hers)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

Subscribe to our City News e-newsletter to stay informed about what's happening in your community!

From: Lei, Deyuanne <[email protected]>
Sent: Monday, May 13, 2024 1:35 PM
To: Barone, Valerie <[email protected]>; Ezell, Justin <[email protected]>; McAuley, Wendy <[email protected]>
Cc: Enrile, Bernard <[email protected]>; Thompson, Carlton <[email protected]>; Marstall, Kevin <[email protected]> Subject: RE: Question regarding item 4f

The roads that will be repaved between Highway 242 and Hillsborough Drive in PJ 2607-2608 Residential Pavement Maintenance, Phase B include:

Benched Correspondence
Agenda Item No. 4.f
May 14, 2024

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Deyuanne Lei, PE
Associate Civil Engineer|Engineering Division (CIP)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3049 |  [email protected]
1950 Parkside Drive, MS/40, Concord, CA 94519

PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited.

Please delete and notify sender if you received this message in error.

From: Obringer, Carlyn <[email protected]> Sent: Sunday, May 12, 2024 4:15 PM
To: Barone, Valerie <[email protected]>
Subject: Question regarding item 4f

Could you please tell me which roads between 242 and Hillsborough are getting paved? It wasn't clear to me from the staff report or the map.

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Thank you,
Carlyn

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

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Staff Report
Date: May 14, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) located in Zone 3I between David Avenue and Monument
Boulevard and between Walnut Creek and Dias Drive, Zone 1M between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road, Zone 4C between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road, and Zone 1I between Clayton Road and Galindo Creek and between Bailey Road and
Willcrest Drive:

1. Award of a Construction Contract in the amount
$5,095,813.88 to Bay Cities Paving & Grading, Inc., for the Base Bid of Residential Pavement Maintenance – Phase D
(Project Nos. 2612, 2614, 2622, & 2625); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract
amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Revenue Fund 490 and Measure V Financing Fund 407);

4.g4.g4.g4.g4.g4.g

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City Council Agenda Report
Agenda Item No. 4.g
May 14, 2024
management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance –
Phase D (Project Nos. 2612, 2614, 2622, & 2625) and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement Maintenance – Phase D (Project) consists of Pavement Maintenance - Zone 3I (Project No. 2612), Pavement Maintenance - Zone 1M (Project No. 2614), Pavement Maintenance - Zone 4C (Project No. 2622), and Pavement Maintenance - Zone 1I (Project No. 2625). The Project will rehabilitate pavement in four residential neighborhoods (see Attachment 1 for Location Maps).

The Project has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council (Council), Project construction in the field is expected to begin in June 2024 and be completed by March 2025.

Recommended Action

1. Award a construction contract in the amount $5,095,813.88 to Bay Cities Paving & Grading, Inc., for the Base Bid of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to- exceed amount of $648,727.30 (base agreement of $579,220.80 plus staff authority to spend up to a 12% contingency of $69,506.50) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) and direct the City Clerk to file a Notice of Completion.

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City Council Agenda Report
Agenda Item No. 4.g
May 14, 2024
Background
On June 2, 2020, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22, that was updated on June 6, 2021, with a mid-cycle update, and which included funding the design of the following four projects, grouped administratively, under Residential Pavement Design – Phase D:
 Pavement Maintenance – Zone 3I (Project No. 2612) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 3I, located between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive. Treatments such as dig outs, Thin Maintenance Overlay (TMO), cape seals, and related treatments, as well as curb ramp improvements.  Pavement Maintenance – Zone 1M (Project No. 2614) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 1M located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road. Treatments such as dig outs, Thin Maintenance Overlay (TMO), cape seals, and related treatments, as well as curb ramp improvements.  Pavement Maintenance – Zone 4C (Project No. 2622) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4C, located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road. Treatments such as dig outs, Thin Maintenance Overlay (TMO), cape seals, and related treatments, as well as curb ramp improvements.
 Pavement Maintenance – Zone 1I (Project No. 2625) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4C, located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive. Treatments such as dig outs, Thin Maintenance Overlay (TMO), cape seals, and related treatments, as well as curb ramp improvements.

During design, there was a community workshop meeting that was held on October 9, 2023. This meeting informed the residents in and around the affected neighborhoods about the treatment types and any striping or signage changes. Most resident concerns were with the logistics and schedule of construction. Residents were also able to point out areas of ponding and pavement uplift from tree roots that staff was able to have addressed in the plans.

These Community Workshop comments were taken to the Bicycle, Pedestrian Advisory Committee (BPAC) meeting on October 18, 2023, where striping and signage changes were presented to the BPAC. The striping changes directly reflect the City’s 2016 Bicycle, Pedestrian and Safe Routes to Transit Plan. Striping changes were minimal for this Project and only added Class III shared bike lanes (or “sharrows” and respective signage) to Mohr Lane, Bentley St, and Nuala St. Thus, BPAC and community members were in support of the designation of a shared bike route with minimal impact to residents of the community (e.g. no parking removal).

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City Council Agenda Report
Agenda Item No. 4.g
May 14, 2024
Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City of Concord (City) policy. During the bid period, one addendum was issued. Bids were opened on March 14, 2024, and seven (7) bids were received in amounts ranging from $5,095,813.88 to $6,074,095.25. The Engineer’s Estimate for the Total Bid was approximately $4,954,917. All seven (7) bids are shown in the following table.

BID SCHEDULE Total Bid
Engineer’s Estimate $4,954,917.00
Bay Cities Paving & Grading Inc. $5,095,813.88
RK Engineering, Inc. $5,274,764.28
Radius Earthwork Inc. $5,316,700.10
Kerex Engineering Inc. $5,394,757.88
Ghilotti Bros., Inc. $5,499,936.44
McGuire & Hester $5,526,472.00
Interstate Grading & Paving, Inc. $6,074,095.25
Bay Cities Paving & Grading Inc. (Bay Cities) of Concord, CA was the lowest bidder and submitted a responsive and responsible bid. Bay Cities has an appropriate and valid contractor’s license and has completed other CIP projects for the City, including Treat Blvd Pavement Rehabilitation Phase 1, Project No 2559.

City staff (Staff) completed analysis of Bay Cities’ bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement.

Bay Cities and its subcontractors are registered with the Department of Industrial Relations as required by SB 854.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on March 4, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Three (3) proposals were received, which were reviewed and ranked by Staff.

Based on the analysis of the proposals, interviews, and references, Zoon Engineering of Emeryville, CA (Zoon) was selected as the most qualified firm to provide construction management, inspection, and materials testing services for both Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) and Alberta Way Pavement Rehabilitation (Project No. 2615) in one single contract. Staff and Zoon negotiated the scope of work and cost for the services and agreed upon a base amount

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City Council Agenda Report
Agenda Item No. 4.g
May 14, 2024
of $579,220.80 as a fair and reasonable compensation for the services required in the RFP for both projects. Zoon’s material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
There are enough funds in the budget for the construction phase of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625). The projects will consist of the following funds during the construction phase:
 Pavement Maintenance – Zone 3I (Project No. 2612)
o Measure V Revenue (Fund 490)
 Pavement Maintenance – Zone 1M (Project No. 2614)
o Measure V Financing (Fund 407)
o Measure J Local (Fund 475)
 Pavement Maintenance – Zone 4C (Project No. 2622)
o Measure V Revenue (Fund 490)
 Pavement Maintenance – Zone 1I (Project No. 2625)
o Measure V Financing (Fund 407)
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 4.g
May 14, 2024
Attachments

1. Project Location Map

2. Bid Sheet

3. Professional Services Agreement with Zoon Engineering including Project Stabilization Agreement, with Exhibit A – Fee Proposal

4. Construction Contract

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ATTACHMENT 1

Project Location Map
Residential Pavement Design – Phase D
City Project Nos. 2612, 2614, 2622, & 2625
PJ 2625
PJ 2614
PJ 2622 PJ 2612

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Project Location Map
Pavement Maintenance - Zone 3I - Project No. 2612

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Project Location Map
Pavement Maintenance - Zones 1M - Project No. 2614

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Project Location Map
Pavement Maintenance - Zones 4C - Project No. 2622

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Project Location Map
Pavement Maintenance - Zones 1I - Project No. 2625

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City of Concord
Bid Sheet

PROJECT
#2612+2614+2622+2625
Bid Opening:

Residential Paving Maintenance - Phase D Thursday,
March 14, 2024
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $4,954,917 To be awarded: $5,095,813.88

COMPANY TOTAL BID
Bay Cities Paving & Grading Inc.

PO Box 6227
Concord, CA 94524
$5,094,313.88
$5,095,813.88

RK Engineering, Inc.
3450 3
rd St., Unit 444
Concord, CA 94516
$5,274,407.28
$5,274,764.28
Radius Earthwork Inc.
197 E. Hamilton Ave. Ste. 204
Campbell, CA 95008
$5,316,700.10

Kerex Engineering Inc.

P.O. Box 23831
Pleasant Hill, CA 94523
$5,445,747.88
$5,394,757.88
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$5,499,936.44
McGuire & Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$5,526,472.00
Interstate Grading & Paving, Inc.
128 South Maple Ave.

South San Francisco, CA 94080
$5,609,026.75
$6,074,095.25
Contact: Justin Bosch x5008
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on May 14, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Zoon Engineering, 3960 Adeline Street, #3, Emeryville, Ca 94608 (“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 May 14, 2024 and expire on June 25, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the Construction Management and Materials Testing Services for Residential Pavement Maintenance - Phase D, PJ 2612+2614+2622+2625 and Alberta Way Pavement Rehabilitation PJ 2615 described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed six-hundred forty- eight thousand, seven hundred twenty seven dollars and 30 cents ($648,727.30) for the term of this Agreement. The total includes the sum of the base contract of five-hundred seventy-nine thousand, two- hundred twenty dollars and eighty cents (579,220.80) and a 12% contingency of sixty-nine thousand, five-hundred six dollars and fifty cents ($69,506.50). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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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.

10. INDEMNIFICATION.

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CONSULTANT.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

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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 satisfactorily performed as of the effective date of the termination.

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

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

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 basis of any protected class pursuant to California law.

16. CONFLICT OF INTEREST.

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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.

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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.

To CITY: Carlton Thompson,

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City Engineer
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Email:

[email protected]
To CONSULTANT: Nabil Hissen, PE
Principal-In-Charge
Zoon Engineering
3960 Adeline Street, #3
Emeryville, Ca 94608
(510) 451-1585
Email: [email protected]

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.

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

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Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

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: Nabil Hissen, PE Name: Valerie J. Barone Title: Principal-In-Charge Title City Manager
Address: 3960 Adeline Street, #3 Address: 1950 Parkside Drive Emeryville, Ca 94608 Concord, CA 94519 Telephone: (915) 451-1585 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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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 $648,727.30.

Account Code: 4079500C999 74500 4072625117-74250.

Finance Director's Signature

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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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.

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The policies are to contain, or be endorsed to contain the following provisions:

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City of Concord
Request for Proposals For
Construction Management And Material Testing Services For Proposal to Provide Construction Management and Material Testing for Residential Pavement Maintenance - Phase D and Alberta Way Projects
4/10/2024
Projected Labor Hours By Person
Name Title Task 1.

Pre Construction
Task 2.

Construction
Task 3.

Post Construction Total Hours Billing Rate TOTAL
Saeed Shahmirzai Principal-In-Charge/Resident
Engineer 30 490 40 560 229.68$ 128,620.80$ Anthony Goryl, PE Assistant Resident Engineer/Office
Engineer 40 1,040 40 1,120 196.35$ 219,912.00$ Mirza Baig Construction Inspector 40 1,040 40 1,120 152.40$ 170,688.00$ 110 2,570 120 2,800 Total Labor Costs: 519,220.80$
Materials Testing Allowance: 60,000.00$
TOTAL: 579,220.80$
Notes:

1. Above hourly rates include all overhead, fringe, and profit unless otherwise noted.

2. Estimate based on a 140 working day construction duration combined for both projects including punchlist and close out

3. Equipment, supplies, and incidental costs included in labor rates unless otherwise noted.

4. Proposal assumes contract commencement of June 2024 and completion by January 2025

5. Escalation for work beyond June 2025, if necessary is not accounted for.

6. Field office costs if required to billed as other direct costs with no markup.

Exhibit A

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1 of 3

CONTRACT
THIS CONTRACT, made and entered into this May 14, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Bay Cities Paving & Grading, Inc., 1450 Civic Court, Bldg B, STE. 400, Concord, CA 94520, hereinafter called "Contractor", for Residential Pavement Maintenance – Phase D, City Project Nos. 2612, 2614, 2622, & 2625.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, water pollution control, dig out repairs, cape seal, HMA overlay, curb ramp installation, traffic striping and markings; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $5,095,813.88 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

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5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

9. Time is of the essence to the terms of this contract.

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3 of 3
NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

Bay Cities Paving & Grading, Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
490-9500-C999-74200 490-2612-115-74200 $3,640,000.00
407-9500-C999-74200 407-2614-115-74200 $200,000.00
407-9500-C999-74200 407-2622-115-74200 $200,000.00
407-9500-C999-74200 407-2625-115-74200 $171,725.01
490-9500-C999-74200 490-2622-115-74200 $884,088.87
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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1. Award of a Construction Contract in the amount of
$7,508,719.50 to McGuire Hester, Inc. LLC for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement
project (Project No. 2449); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the NEPA and CEQA determinations as provided in this staff report
(Funded by Federal OBAG 2, Measure J TLC, and Measure
V Funds);

2. Approval of a Professional Services Agreement with
Swinerton Management Consultants, Inc., in the not-to-
exceed amount of $886,730 (base agreement of $806,118
plus staff authority to spend up to a 10% contingency of $80,612) to provide construction management, inspection, and materials testing services for both the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement
project (Project No. 2449); and authorizing the City Manager

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

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
to execute the agreement in a form acceptable to the City Attorney;

4. Accepting and appropriating $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan
Transportation Commission (MTC) for Project No. 2449;

5. Accepting and appropriating $715,000 of Measure J
Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and

6. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2449 and directing the City Clerk to file a Notice of Completion.

NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(3).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449) (Project) is the combination of three separate capital projects: the Willow Pass Repaving Project, the Willow Pass Safe Route to Transit Project; and pedestrian improvements at Ashdale Drive. The Federal project number is STPCML-5135 (057).

The Willow Pass Repaving project will rehabilitate existing deteriorated asphalt pavement between Galindo Street and Landana Drive. The Willow Pass Safe Route to Transit project will address several sidewalk gap closures and driveway modifications to achieve Americans with Disability Act (ADA) compliance. The Project will also include pedestrian improvements on Ashdale Drive, which includes installation of Rectangular Rapid Flashing Beacons (RRFB). See attached Location Map for Project limits (Attachment 1).

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
The Project has been designed, competitively bid (see Attachment 2 for bid summary) and is now at the point of construction contract award. In order to proceed with construction, an acceptance and appropriation of $6 million of grant funds is required. If the award and the recommended acceptance and appropriation are approved by the City Council (Council), construction is expected to begin in July 2024, with completion by Fall 2025, weather permitting. The construction contract with McGuire and Hester, Inc. is attached (Attachment 3).

Construction management, inspection, and materials testing services are needed to ensure work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord (City).

The Professional Services Agreement with Swinerton Management and Consulting, Inc. is attached (Attachment 4).

Design Services during construction is needed to ensure construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City. The Amendment to the Professional Services Agreement with Harris and Associates, Inc is attached (Attachment 5).

Recommended Action

1. Award a construction contract in the amount of $7,508,719.50 to McGuire Hester, Inc. LLC for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report;

2. Approve a Professional Services Agreement with Swinerton Management Consultants, Inc., in the not-to-exceed amount of $886,730 (base agreement of $806,118 plus staff authority to spend up to a 10% contingency of $$80,612) to provide construction management, inspection, and materials testing services for both the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve an Amendment to the Professional Services Agreement with Harris and Associates, Inc., in the amount of $98,020 for a new total of $941,927 to provide design and related services for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

4. Accept and appropriate $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan Transportation Commission (MTC) for Project No. 2449;

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024

5. Accept and appropriate $715,000 of Measure J Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and

6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2449 and direct the City Clerk to file a Notice of Completion.

Background
At its June 13, 2017, meeting, Council adopted Resolution 17- 49 to approve the Willow Pass Repaving and Willow Pass Safe Route to Transit Improvement project (Project No. 2449). The resolution allowed for the receipt of approximately $4.38 million in federal OBAG 2 funds and $1.0 Million in regional Measure J funds for the Repaving portion of the Project; and $0.88 Million in regional Measure J funds for the Safe Route to Transit portion of the Project. The scope for each portion of the Project is described below.

The original Project scope is a combination of three projects as follows:
 The Willow Pass Repaving Project will rehabilitate the pavement and repair damaged sidewalk, curb and gutter between Galindo Street and San Vincente Drive (approximately 1.8 miles). Additionally, it will replace existing non-ADA compliant accessible curb ramps to meet current ADA standards. Moreover, numerous driveways will be reconstructed to meet ADA standards and a pedestrian signal beacon and associated crosswalk will be relocated from its current location; approximately 50 feet to the north, to San Vincente Drive to provide improved access for pedestrians.
 The Willow Pass Safe Route to Transit (SR2T) Improvement Project consists of pedestrian improvements to Willow Pass Road including several sidewalk gap closures from St. Phillip Court to Clayton Way, as well as between Granada Drive and San Vincente Drive. Additionally, several driveway reconstructions to achieve ADA compliance and improve pedestrian safety are included.  The Transportation Division procured an additional $150,000 of SR2T funds to include pedestrian improvements at Ashdale Drive. The project includes the installation of Rectangular Rapid Flashing Beacons (RRFB) on Willow Pass Road. A bid alternative will be considered to extend the paving work from San Vincente Drive to Ashdale Drive, should project funding be adequate. With the inclusion of this project, the total Project length is 2.0 miles.

These three projects were combined due to their proximity to achieve economy of scale in design work and construction. See attached Location Map for Project limits (Attachment 1).

On October 23, 2018, Council approved a Professional Services Agreement with Harris and Associates, Inc. (Harris) to provide design and related services for the original

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
project. The original project included: The Willow Pass Repaving Project, from Galindo Street to Landana Drive, and the Willow Pass SR2T Project, with pedestrian improvements consisting of sidewalk gap closures, driveway reconstructions, and improved pedestrian safety. Design for the project began in November 2018.

A Field Review meeting with the California Department of Transportation (Caltrans) was held on June 21, 2019, to discuss design considerations. Caltrans provided guidance on required documentation for environmental and right of way review.

An Open House was held at the Concord Civic Center on June 26, 2019. Notice was sent to community members who lived within 300 feet of the project and the meeting was posted online. Only one member of the public attended the meeting and shared their comment regarding drainage fronting their property. Their comment has been incorporated in the design. One email was received in support of separated bicycle facilities along Willow Pass Road and their comment was incorporated.

The preliminary design was also presented to the Bicycle and Pedestrian Advisory Committee (BPAC) on July 10, 2019, to review and to provide input regarding the design of the proposed bicycle and pedestrian improvements and for conformity with the City’s Bicycle, Pedestrian and Safe Routes to Transit Plan, adopted in September 2016.

BPAC was supportive of the project and found the project conformed to the 2016 Plan.

Concurrently during the project design, the City’s Transportation Division initiated a Complete Streets Feasibility Study on Willow Pass Road from Market Street to Landana Drive. Public workshops and various stakeholder meetings were held and BPAC also met on July 10, 2019 to weigh in on the study. BPAC commented that elements of the complete streets study should be incorporated to Project No. 2449, this has occurred for the applicable recommendations.

On November 5, 2019, Council approved an amendment to the Citywide Project Stabilization Agreement (PSA) in partnership with the Contra Costa Building & Trades Council to exempt this Project from the PSA. The Federal Highway Administration (FHWA) denied the inclusion of the City of Concord’s PSA in past projects due to the inclusion of the “local hire” provisions in the PSA. As Federal funding would potentially be at risk, the amendment exempted the three project from the PSA.

On January 14, 2020, the City Council considered and adopted the Complete Streets Feasibility Study for Willow Pass Road, which recommended a Class IV cycle track from Parkside Drive to Landana Drive. A Class IV cycle track is a separated bikeway designed for the exclusive use of bicycles, and includes a separation required between the bikeway and adjacent vehicular traffic.

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May 14, 2024
To add cycle track and complete the design, on February 23, 2021, Council approved of an amendment to Professional Services Agreement with the designer. The amendment included surveying, utility location, and right of way acquisition work.

To fund construction of the cycle track, extend paving limit from San Vincente Drive to Landana Drive, and related improvements, on June 8, 2021, Council added $3,300,000 of Measure V to the Project via the Two-Year CIP Mid-Cycle Update.

On September 8, 2021, a virtual public meeting was held to present the updated Project scope of work and construction impacts to residents in the Project area. A dozen members of the public attended the meeting. The public was supportive of the project and made various suggestions. Staff has incorporated some of the suggestions, to the extent possible, in consideration of grant funding restrictions and site limitations. Public suggestions that were outside of the Project limitations were advanced to Transportation for future grant considerations.

The revised design was presented to the BPAC on September 8, 2021, to review and to provide input regarding inclusion of the cycle track, the design of the proposed bicycle and pedestrian improvements, and for conformity with the City’s Bicycle, Pedestrian and Safe Routes to Transit Plan. BPAC was supportive of the project, made suggestions, and found the Project conformed to the 2016 Plan. Their recommendations were included in the final design.

On August 23, 2022, Council adopted a Resolution approving a right-of-way and easement at 3603 Willow Pass Road to accommodate pedestrian access.

Additional coordination and adjustments to the plans were made to accommodate the construction of the following projects:
 Willow Pass Road Signal Upgrade Project, City Project No. 2538 (Completed)  Willow Pass Road and Landana Sanitary Sewer Capacity Improvements Project, City Project Nos. 2702 and 2704 (Construction 2024)
 Civic Center Greening, City Project 2518 (Construction 2024)  East Downtown Concord PDA Access & Safe Routes To Transit, City Project No. 2457 (Construction 2024-2025)
 Contra Costa Water District (CCWD) water line replacement under Elderwood Phase 1 (Complete) and Elderwood Phase 2 (Construction 2024-2025)  The Argent Development at 2400 Willow Pass Road (Construction 2024-2025) If approved by Council, construction is expected to start July 2024 and complete in the Fall of 2025. Paving is to be completed in the Spring of 2025 to accommodate the completion of the other projects listed above.

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City Council Agenda Report
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May 14, 2024
Procurement Process
Construction Contract
To allow for more competitive bids and to provide additional flexibility in contract award based on available funds, staff prepared a base bid schedule and two (2) additive bid schedules. This approach allowed the City to prioritize and award work within the City’s current funding ability. The summary of the Bid Schedule is as follows:
 Base Bid: The original Project scope of the three projects: Willow Pass Repaving project (Galindo to San Vincente), Willow Pass Safe Route to Transit (SR2T) Improvement project, and the added RRFB on Ashdale Drive.  Bid Additive A: Extended pavement rehabilitation from San Vincente Drive to Landana Drive.
 Bid Additive B: Installation of a Class IV cycle track from Parkside Drive to Landana Drive.

The Project was advertised for construction bids as required by State law and City policy. Bids were opened on April 10, 2024. Four (4) bids were received in the amount ranging from $8,779,829 to 9,272,145 as shown on the Bid Summary (Attachment 2).

The Engineer’s Estimate for the Total Bid was $9,380,000 which is the basis of award for this Project.

McGuire and Hester, Inc. of Alameda, CA (McGuire and Hester) was the low bidder and submitted a responsive and responsible bid. A summary of the lowest three bids by schedule is as follows:

BID

SCHEDULE
Engineer's
Estimate
McGuire
Hester, Inc.

Bay Cities
Paving &
Grading, Inc.

Ghilotti Bros.,
Inc.

Base Bid $ 7,260,000 $ 6,993,383.50 $ 6,821,895.94 $ 7,161,525.40 Bid
Additive A
$ 710,000 $ 515,336.00 $ 644,101.95 $ 563,790.00 Bid
Additive B
$ 1,410,000 $ 1,271,109.50 $ 1,402,029.03 $ 1,223,183.50 Total Bid $ 9,380,000 $ 8,779,829.00 $ 8,868,026.92 $ 8,948,498.90 Staff completed analysis of McGuire and Hester’s bid, determining that this contractor, along with its subcontractors, possess appropriate and valid licenses, are not on any debarred lists. McGuire and Hester is registered with the Department of Industrial Relations as required by SB 854. McGuire and Hester has satisfactory work references.

They recently completed similar projects for the City of Concord including Measure Q Project #8, Project No. 2379, and Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563).

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
A Disadvantaged Business Enterprise (DBE) Goal of 22% was established for this construction contract. McGuire and Hester was able to meet this goal, with a DBE participation rate of 22.23% of the Project cost allocated to qualified DBE subcontractors.

The City reserved the right to include any combination of the additive bids to the Project at its own discretion. Staff has determined there are sufficient funds to award Base Bid and Bid Additive A, totaling $8,635,027.43 (base contract amount of $7,508,719.50 and 15% ($1,126,307.93) contingency).

Bid Additive B is not awarded as a permanent separated cycle track will be constructed as part of the Willow Pass Road Bikeway Project, City Project No. 2572. The Bid Additive would install an interim separated cycle track with many of the improvements redone and adjusted under Project No. 2572. By deferring the installation of the separated cycle track Staff expects a saving of $500,000 of rework. Construction of Project No. 2449 will reserve space for the future cycle track.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services for Willow Pass Repaving SR2T Improvement project (Project No. 2449) on December 22, 2023. The RFP was advertised in the local newspaper and on the City’s Procurement Website. One (sole) proposal was received, which was reviewed by Staff.

Based on the analysis of the proposal and references, Swinerton Management and Consulting, Inc. of Concord, CA (Swinerton) was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Willow Pass Repaving SR2T Improvement project (Project No. 2449). City Staff and Swinerton negotiated the scope of work and cost for the services and agreed upon a base amount of $886,730 as a fair and reasonable compensation for the services required in the RFP, covering the Project’s scope of work.

A Disadvantaged Business Enterprise (DBE) Goal of 12% was established for this construction management contract. Swinerton was able to meet this goal, with a DBE participation rate of 12.26% of the Project cost allocated to qualified DBE subcontractors.

Design Services during Construction
On October 23, 2018, City Council approved a Professional Services Agreement with Harris and Associates, Inc. (Harris) to provide design and related services for the Project.

To add cycle track and complete the design, Council on February 23, 2021, approved of an amendment to Professional Services Agreement with the designer. The

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
amendment included surveying, utility location, and right of way acquisition work.

Although an allowance for design services during construction was originally included with the amendment, the budget was nearly exhausted due to the complicated design and additional coordination required.

To provide design services required during construction Staff solicited a proposal from Harris. With the approval of the proposed amendment for $98,020, the contract total will be $941,927. This design contract total is 8.3% of the project total budget of $11,300,000, and within the expected percentage considering the Project size and complexity.

Financial Impact
On June 13, 2017, Council adopted Resolution 17-49 to approve the Willow Pass Repaving and Willow Pass Safe Route to Transit Improvement project (Project No. 2449). The resolution allowed for the receipt of approximately $4.38 million in federal OBAG 2 funds and $1.0 Million in regional Measure J funds for the Repaving portion of the project; and $0.88 Million in regional Measure J funds for the Safe Route to Transit portion of the project.

The City was awarded OneBayArea Grant (OBAG 2) Grant in the amount of $5,410,000 (88.53% of the costs) from the Metropolitan Transportation Commission (MTC) and administered by Caltrans. The City’s local match to be funded by Measure V Funds (Funds 401, 407 and 408). The grant funding (Fund 402) is composed of:
 $4,183,000 of Surface Transportation Program (STP) funds (Fund 402)  $1,227,000 of Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds (Fund 402)
The Contra Costa Transit Authority (CCTA) on January 17, 2024, reallocated $41,908 residual Measure J design funds to the construction of Project No. 2449. The transfers were authorized by Resolution 19-37-G (Rev 2) for $20,072 of Measure J Transportation for Livable Communities project and Resolution 19-36-G (Rev 2) and for $21,836 Measure J Transportation for Livable Communities (TLC). As part of Resolution 19-36-G (Rev 2) CCTA appropriated an additional $715,000 in previously programmed TLC funds for construction.
 $715,000 of Measure J Transportation for Livable Communities (TLC) funds (Fund 479)
The Project budget consists of Measure V, Measure J TLC, and Federal OBAG grant funds for a total of $11,300,000. If the recommended grant appropriations are approved by Council, there will be sufficient funds in the current budget to fund the construction for the Project.

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City Council Agenda Report
Agenda Item No. 4.h
May 14, 2024
Environmental Determination
Caltrans issued a National Environmental Policy Act (NEPA) Categorical Exclusion determination on August 13, 2021, in accordance with NEPA Guidelines Section 23 CFR 771.117(c)(3) as the Project would modernize the roadway by rehabilitation and reconstruction. The NEPA determination was revalidated on February 13, 2023, to add two bioretention basins at the Concord Civic Center into to the Project.

Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on these items is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because it involves government funding/fiscal activities. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The CEQA Notice of Exemption for the construction contract will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. PJ 2449 Bid Summary

3. Construction Contract with McGuire and Hester, Inc., with Exhibit A – Form FHWA-1273, and Exhibit B – Applicable Federal Wage Rate

4. Professional Services Agreement with Swinerton Management and Consulting, Inc., with Exhibit A – Cost Proposal

5. Amendment to the Professional Services Agreement with Harris & Associates, Inc., with Exhibit A – Fee Schedule

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Attachment 1
Location Map

Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project City Project No. 2449
Federal Project No. STPCML-5135 (057)

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Attachment 2
City of Concord
Bid Sheet
PROJECT #2449 Bid Opening:

Willow Pass Road Repaving SR2T Wednesday,
April 10, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $9.38 Million To be awarded:

COMPANY TOTAL BID
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$8,779,727.00
After bid analysis
revised to:
$8,779,829.00
Bay Cities Paving & Grading Inc.
1450 Civic Ct. Bldg. B, Ste. 400
Concord, CA 94520
$8,868,026.92
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael, CA 94901
$8,948,498.90
DeSilva Gates Construction LLC
11555 Dublin Blvd.

Dublin, CA 94568
$9,272,145.00
Contact: Aldrich Baustista x3028

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Concord City CouncilMay 14, 2024

Concord City Council
May 14, 2024