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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT
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shall have responsibility for and control over the means of providing services under this AGREEMENT.
13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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,
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commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Jim Fischer, Principal in Charge
REY Engineers, Inc.
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905 Sutter Street, Suite 200
Folsom, Ca 95630
Phone: 916-336-3040
Email: [email protected]
21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
REY Engineers, Inc. CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Jim Fischer Name: Valerie Barone
Title: Principal in Charge Title: City Manager
Address: 905 Sutter Street, Suite 200 Address: 1950 Parkside Drive, MS 01 Folsom, Ca 95630 Concord, CA 94519
Telephone: 916-336-3040 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Ruggeri-Jensen-Azar (hereinafter “CONSULTANT”), whose address is 4690 Chabot Drive, Suite 200, Pleasanton, Ca, 94588.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Civil
• Development Plan Review Services
• Survey Services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including
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providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Eddie Sieu, Principal
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This
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indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies,
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT
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shall have responsibility for and control over the means of providing services under this AGREEMENT.
13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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,
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commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Eddie Sieu, Principal
Ruggeri-Jensen-Azar
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4690 Chabot Drive, Suite 200
Pleasanton, Ca 94588
Phone: 925-227-9100 ext. 327
Email: [email protected]
21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Ruggeri-Jensen-Azar CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Eddie Sieu Name: Valerie Barone
Title: Principal Title: City Manager
Address: 4690 Chabot Drive, Suite 200 Address: 1950 Parkside Drive, MS 01 Pleasanton, Ca 94588 Concord, CA 94519
Telephone: 925-227-9100 ext. 327 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Sandis Civil Engineers Surveyors and Planners (hereinafter “CONSULTANT”), whose address is 636 9th Street, Oakland, Ca, 94607.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Civil
• Design Services Traffic
• Survey Services
• Utility Location Services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall
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be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Ron Sanzo, Director of Engineering, Associate Principal.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This
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indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies,
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT
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shall have responsibility for and control over the means of providing services under this AGREEMENT.
13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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,
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commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Ron Sanzo , Director of Engineering, Associate Principal
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Sandis Civil Engineers Surveyors and Planners
636 9th Street
Oakland, Ca 94607
Phone: 925-786-9348
Email: [email protected]
21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Sandis Civil Engineers Surveyors and Planners CITY OF CONCORD By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Ron Sanzo Name: Valerie Barone
Title: Director of Engineering, Associate Principal Title: City Manager Address: 636 9th Street Address: 1950 Parkside Drive, MS 01 Oakland, Ca 94607 Concord, CA 94519
Telephone: 925-786-9348 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
Design Serv Civil
Design Serv Traffic
Survey Services
Utility Location Serv
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Schaaf & Wheeler Consulting Civil Engineers (hereinafter “CONSULTANT”), whose address is 870 Market Street, Suite 1278, San Francisco, Ca, 94102.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Civil
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders
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providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Charles D. Anderson, President.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, action s, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
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5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A 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
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.
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13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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.
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18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Charles D. Anderson, President
Schaaf & Wheeler Consulting Civil Engineers
870 Market Street, Suite 1278
San Francisco, Ca 94102
Phone: 408-246-4848 ext. 227
Email: [email protected]
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21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Schaaf & Wheeler Consulting Civil Engineers CITY OF CONCORD By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Charles D. Anderson Name: Valerie Barone
Title: President Title: City Manager
Address: 870 Market Street, Suite 1278 Address: 1950 Parkside Drive, MS 01 San Francisco, Ca 94102 Concord, CA 94519
Telephone: 408-246-4848 ext. 227 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Swinerton Management and Consulting (hereinafter “CONSULTANT”), whose address is 260 Townsend Street, San Francisco, Ca, 94107.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Project Coordination / Construction Management Services CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders
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providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Jeffrey S. Gee, Vice President.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, action s, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
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5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A 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
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.
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13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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.
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18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Jeffrey S. Gee, Vice President
Swinerton Management and Consulting
260 Townsend Street
San Francisco, Ca 94107
Phone: 415-984-1239
Email: [email protected]
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21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Swinerton Management and Consulting CITY OF CONCORD By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Jeffrey S. Gee Name: Valerie Barone
Title: Vice President Title: City Manager
Address: 260 Townsend Street Address: 1950 Parkside Drive, MS 01 San Francisco, Ca 94107 Concord, CA 94519
Telephone: 415-984-1239 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and The Bridge Group, LLC. (hereinafter “CONSULTANT”), whose address is 580 California Street, 12th Floor, San Francisco, Ca, 94104.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Interior Design Services
• Project Coordination / Construction Management Services CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders
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providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Rachel Walls, CEO.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, action s, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
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5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A 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
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.
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13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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.
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18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Rachel Walls, CEO
The Bridge Group, LLC.
580 California Street, 12th Floor
San Francisco, Ca 94104
Phone: 415-902-8517
Email: [email protected]
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21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
The Bridge Group, LLC. CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Rachel Walls Name: Valerie Barone
Title: CEO Title: City Manager
Address: 580 California Street, 12th Floor Address: 1950 Parkside Drive, MS 01 San Francisco, Ca 94104 Concord, CA 94519
Telephone: 415-902-8517 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and UNICO Engineering (hereinafter “CONSULTANT”), whose address is 1485 Civic Court, Suite 1500, Concord, Ca, 94520.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Project Coordination / Construction Management Services • Survey Services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders
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providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Cesar Montes de Oca, President.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, action s, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
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5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A 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
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.
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13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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.
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18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Cesar Montes de Oca, President
UNICO Engineering
1485 Civic Court, Suite 1500
Concord, Ca 94520
Phone: 916-690-6623
Email: [email protected]
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21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
UNICO Engineering CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Cesar Montes de Oca Name: Valerie Barone
Title: President Title: City Manager
Address: 1485 Civic Court, Suite 1500 Address: 1950 Parkside Drive, MS 01 Concord, Ca 94520 Concord, CA 94519
Telephone: 916-690-6623 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
PJ Coord
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Willdan (hereinafter “CONSULTANT”), whose address is 13191 Crossroads Parkway North, Suite 405, Industry, Ca, 91746.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Civil
• Design Services Landscaping
• Design Services Traffic
• Development Plan Review Services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall
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be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Vanessa Munoz, President & CEO.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This
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indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies,
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT
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shall have responsibility for and control over the means of providing services under this AGREEMENT.
13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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,
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commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Vanessa Munoz, President & CEO
Willdan
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13191 Crossroads Parkway North, Suite 405
Industry, Ca 91746
Phone: 562-368-4848 ext. 6225
Email: [email protected]
21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Willdan CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Vanessa Munoz Name: Valerie Barone
Title: President & CEO Title: City Manager
Address: 13191 Crossroads Parkway North, Suite 405 Address: 1950 Parkside Drive, MS 01 Industry, Ca 91746 Concord, CA 94519
Telephone: 562-368-4848 ext. 6225 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Wilsey Ham (hereinafter “CONSULTANT”), whose address is 3130 La Selva Street, Suite 100, San Mateo, Ca, 94403.
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, 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. SERVICES.
CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Civil
• Development Plan Review Services
• Project Coordination / Construction Management Services • Survey Services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.
CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.
2. 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 shall
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be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.
CONSULTANT authorized representative shall be Randal Krejcarek, Supervising Engineer.
3. COMPENSATION.
CONSULTANT shall be compensated, not to exceed $1,000,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
4. 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, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorn ey's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This
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indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
5. 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 represented to be suitable for reuse by others on extensions of this project or on any other p roject. 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 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.
6. STANDARD OF PERFORMANCE.
CONSULTANT represents to CITY that the 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.
7. INSURANCE REQUIRED.
CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies,
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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.
8. SUSPENSION OF WORK.
CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . 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, CONSULTA NT shall not receive any payment for services.
9. 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 s hall 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.
10. 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for traini ng including apprenticeship.
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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.
11. 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 CON SULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express w ritten 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).)
12. INDEPENDENT CONTRACTOR.
In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT
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shall have responsibility for and control over the means of providing services under this AGREEMENT.
13. 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 and permits for the conduct of its business and the performance of the services.
14. 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.
15. 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 s ame 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.
16. 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.
17. INTEGRATION.
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,
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commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
18. 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 c onsent, 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 i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
19. 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.
20. 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
Phone: 925-671-3182
Email: [email protected]
To CONSULTANT Randal Krejcarek, Supervising Engineer
Wilsey Ham
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3130 La Selva Street, Suite 100
San Mateo, Ca 94403
Phone: 650-286-8417
Email: [email protected]
21. TERM.
The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.
22. 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.
23. EXECUTION.
Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.
Wilsey Ham CITY OF CONCORD
By:_________________________________ By:______________________________ APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
Date:
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $1,000,000.00. Account Code .
Finance Director's Signature
Name: Randal Krejcarek Name: Valerie Barone
Title: Supervising Engineer Title: City Manager
Address: 3130 La Selva Street, Suite 100 Address: 1950 Parkside Drive, MS 01 San Mateo, Ca 94403 Concord, CA 94519
Telephone: 650-286-8417 Telephone: (925) 671-3175
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EXHIBIT “A”
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, thei r 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.
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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.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, 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.
Design Serv Civil
Dev Plan Review
PJ Coord
Survey Services
Staff Report
Date: June 4, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Ryan Lenhardt, Senior Planner
[email protected]
(925) 671-3162
Subject: Considering the adoption of a Resolution for a one-year extension of the approval of an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business Culture Club Corporate Enterprise (dba
“Culture”) at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number 126-020-108 (PL24034 – AA, DA, DR).
CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378; and/or categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or
Section 15305.
Report in Brief
The City Council (Council) is requested to consider a one-year extension of the approval of an Administrative Permit and Design and Site Review with Culture Club Corporate Enterprise (dba “Culture”) to establish a cannabis storefront and delivery retail use at 1440 Concord Avenue, Suite B.
Recommended Action
Adopt a Resolution (Attachment 1) approving a one-year extension of the approval of an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business Culture Club Corporate Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, APN 126-020-108 (PL24034 – AA, DA, DR).
3.d3.d3.d3.d3.d
City Council Agenda Report
Agenda Item No. 3.d
June 4, 2024
Background
On February 14, 2023, Council adopted Resolution No. 23-10 approving an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business for Culture Club Corporate Enterprise (dba “Culture”) (Applicant). This review also included Ordinance No. 23-1 for a Development Agreement between the City of Concord (City) and the Applicant, which was reviewed at the same meeting and adopted March 7, 2023.
Pursuant to Concord Municipal Code (CMC) Section 18.505.020, a planning permit is deemed to be “exercised” if a building or grading permit has been issued and actual construction diligently commenced. The Applicant has submitted plans for building permits that have not been issued, and actual construction has not commenced on the site.
On March 18, 2024, pursuant to Condition of Approval #115 and over 10 days prior to the expiration date, the Applicant filed an application to extend the approval of the Administrative Permit and Design and Site Review for one year (see Attachment 2). If granted, the extension will keep the approval and permits valid through June 4, 2025.
The extension would allow the Applicant time to negotiate the terms of a lease for 1440 Concord Avenue, Suite C and comply with the conditions of approval that require parking for the proposed business. The extension must be acted upon by Council because Council was the review authority on the original approval.
Analysis
Since the Council’s approval, Culture has been pursuing a building permit for improvements to their tenant space, which includes interior changes to the floor plan to accommodate their business operation, as well as minor exterior improvements to the building and site. The Applicant completed the plan check review process, and the City is ready to issue the building permit.
A Condition of Approval requires the Applicant to acquire the adjacent tenant space at 1440 Concord Avenue, Suite C, to satisfy the parking requirements for their business.
The Applicant has been negotiating the lease terms with the landlord and business owner occupying Suite C and a lease agreement has been drafted but not executed.
As of May 28, 2024, the Applicant notified staff they have negotiated a term sheet with the owner of Five Star Automotive to lease 1440 Concord Avenue, Suite C in order satisfy their parking requirements. Furthermore, the Applicant explained they plan to execute the lease agreement pending the approval of this requested extension.
City staff (Staff) supports the request for an extension and finds it necessary to allow the Applicant additional time to execute the lease with the landlord and business owner occupying Suite C. Devon Julian, on behalf of Culture, has proceeded in good faith and exercised due diligence in complying with the project conditions in a timely manner, as
City Council Agenda Report
Agenda Item No. 3.d
June 4, 2024
demonstrated by the submittal for building permit and ongoing communication with staff, including filing an application for an extension of the permits. The extension also meets the following required findings under Development Code Section 18.505.020(B):
1. The requested extension is consistent with the general plan and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered.
There are no changes to the approved project, and it remains consistent with the Concord 2030 Urban and General Plan, which was analyzed for consistency in the February 14, 2023, Council Meeting staff report.
2. The findings required by the original approval remain valid; and The findings under Resolution No. 23-10 approving the project remain valid (see Attachment 1, Exhibit A) as the project and surrounding area remain substantially the same as at the time of approval.
3. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewer, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.
As analyzed in the February 14, 2023, Council Meeting staff report, there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. Such provisions will remain with the proposed time extension.
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council previously determined in February 2023 as part of its review and approval of the project, that the project was categorically exempt from CEQA, pursuant to CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements. No appeals were filed, and all statute of limitations have expired.
Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not
City Council Agenda Report
Agenda Item No. 3.d
June 4, 2024
cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Accordingly, a Notice of Exemption was filed with the County Clerk on February 15, 2023.
The present application seeks to extend the term of the previously approved Administrative Permit. No changes or revisions are proposed for the project; and, other than an extension of the permit term period, all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the application to extend the term of the permit does not constitute a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378 because it is not reasonably foreseeable that extending the term will result in an indirect or direct physical change in the environment. Accordingly, no further environmental review is required.
Public Contact
The City Council Agenda was posted. Notification was mailed to all owners and occupants of property within five hundred (500) feet of the subject parcel at least 10 days prior to the public hearing, and a Public Hearing Notice was published in the East Bay Times on May 24, 2024, as required by state law and the Concord Municipal Code.
This item has also been posted at the subject site at least 10 days prior to the public hearing. Additionally, notice has been provided to all interested parties on the City Cannabis e-notification list.
Attachments
1. Resolution to extend an Administrative Permit and Design and Site Review and Exhibit A: Conditions of Approval
2. Applicant’s written statement date stamp received March 18, 2024
3. Project plans date stamp received March 18, 2024
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a One-Year Extension of the
Approval of an Administrative Permit and Design and
Site Review for a Cannabis Storefront and Delivery
Retail Business Culture Club Corporate Enterprise
(dba “Culture”) at 1440 Concord Avenue, Suite B, APN:
126-020-108 (PL24034 – AA, DA, DR)
Resolution No. 24-XX
/
WHEREAS, on February 14, 2023, the City Council adopted Resolution No. 23-10 approving an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business (Culture Cannabis Club Enterprise (dba “Culture)) at 1440 Concord Avenue, Suite B (APN:
126-020-108) (PL20113 – AA, DA, DR) , (herein referred to as “Project”); and WHEREAS, on March 7, 2023, the City Council adopted Ordinance No. 23-1, adopting a Development Agreement by and between the City of Concord and Culture Cannabis Club Enterprise (dba “Culture”), which has an initial term of five years; and WHEREAS, the approval and permit was valid until April 6, 2024, unless building permits are obtained and construction has diligently commenced, or an extension of the permit is granted as may be allowed by Section 18.505.020(B) of the Concord Municipal Code; and WHEREAS, on March 18, 2024, Culture Club Corporate Enterprise (dba “Culture”, hereinafter referred to as “Applicant”), submitted an application for a one-year extension of the approval of an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business through June 4, 2025; and
WHEREAS, the City Council, after giving all public notices required by State law and the Concord Municipal Code, held a duly noticed public hearing on June 4, 2024, on the proposed Project; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information Attachment 1
received at the public hearing, the written report from City staff dated June 4, 2024, the application materials, and other exhibits presented, which are maintained at the offices of the City of Concord City Clerk declared its intent to adopt a Resolution approving a one-year extension of the approval of an Administrative Permit and Design and Site Review for a cannabis storefront retail business at 1440 Concord Avenue, Suite B, subject to the Conditions of Approval contained herein as Exhibit A (“Conditions of Approval”) (collectively hereinafter referred to as “City Council Information”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon the Resolution.
Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.
Section 4. California Environmental Quality Act (CEQA).
1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council previously determined in February 2023 as part of its review and approval of the Project, that the Project was categorically exempt from CEQA, pursuant to CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements.
2. Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a
cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Accordingly, a Notice of Exemption was filed with the County Clerk on February 15, 2023.
3. The present application seeks to extend the term of the previously approved Administrative Permit. No changes or revisions are proposed for the project; and, other than an extension of the permit term period, all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the application to extend the term of the permit does not constitute a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378 because it is not reasonably foreseeable that extending the term will result in an indirect or direct physical change in the environment. Accordingly, the proposed project does not warrant further environmental review.
4. The requested extension is consistent with the general plan and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered. There are no changes to the approved project, and it remains consistent with the Concord 2030 Urban and General Plan, which was analyzed for consistency in the February 14, 2023, Council staff report.
5. The findings required by the original approval remain valid. The findings under Resolution No. 23-10 approving the project remain valid as the project and surrounding area remain substantially the same as at the time of approval.
6. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewer, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. As analyzed in the February 14, 2023 City Council staff report, including attachments thereto, there are adequate
provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. Such provisions will remain with the proposed time extension.
Section 5. In accordance with the City of Concord Municipal Code Section 18.500.080, permit approvals of the City Council shall become effective on the date the final determination is rendered by the City Council.
Section 6. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on June 4, 2024, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 4, 2024.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Conditions of Approval
1 Exhibit A to Attachment 1
EXHIBIT A
CONDITIONS OF APPROVAL
CULTURE CLUB CORPORATE ENTERPRISE
PL24034 – AA, DA, DR
1440 CONCORD AVENUE, SUITE B
APN 126-020-108
PERMIT DESCRIPTION
1. These Conditions apply to and constitute approval of a one-year extension of the approval of an:
a. Administrative Permit to allow an approximately 4,971 square foot cannabis retail storefront with delivery and a 3,291 square foot employee/valet parking space in the interior of 1440 Concord Avenue, Suite C and
b. Design and Site Review for minor building and site improvements, including a new window and door, signage, repainting the storefront as necessary, and site improvements including striping, bollards, landscaping, and irrigation (PL24034).
2. The improvements, business, and operations shall be in conformance with the applicant’s Zoning Compliance Fact Sheet received December 28, 2021, and in compliance with the City Cannabis License for the business (PL24034), revised project plans received March 18, 2024, modified in writing, and approved by the Planning Division. No activities associated with the business’s operations shall occur outside of the area shown on the approved floor plan. The following exhibits are approved and shall be incorporated as Conditions of Approval:
Plan Date Prepared Prepared by Sheet
Title Sheet 6/20/22 Hestia Atelier T1.0
Site Plan 6/20/22 Hestia Atelier A1.0
Contextual Plan 6/20/22 Hestia Atelier A1.1
Existing Site Photos 6/20/22 Hestia Atelier A1.2
Site Photometric Plan 6/20/22 Hestia Atelier A1.3
Proposed Floor Plan 6/20/22 Hestia Atelier A2.0
Proposed Exterior Elev. 6/20/22 Hestia Atelier A3.0
Proposed Roof Plan 6/20/22 Hestia Atelier A4.0
Proposed Sign Plans 3/9/22 Machan Sign Company
Incorporated 1-3
PROJECT SPECIFIC CONDITIONS
3. Prior to Building Permit final inspection, the Planning Division and Police Department shall conduct a final inspection to verify compliance with this Administrative Permit and the City Cannabis License (PL24034). The applicant shall contact the Police Department and Planning Division, [email protected] and [email protected], respectively, at least 10 days prior to the desired inspection date.
2 4. The business is not permitted to operate without a valid state cannabis license. Pursuant to the City Cannabis License (PL24034), the applicant shall obtain maintain a valid state cannabis license (provisional or permanent) for the equivalent state license type(s) to the City Cannabis License. Whenever a new or renewed state license is received, the applicant shall email license to [email protected] and [email protected].
ADMINISTRATIVE PERMIT CONDITONS (PLNG, PD)
5. The business hours of operation shall be in conformance with the applicant’s Zoning Compliance Fact Sheet, which indicates: 7:00 a.m. to 10:00 p.m. daily. Days and hours of operation shall not be modified without Planning Division and Police Department approval. The business shall be open to the general public. The Chief of Police may limit the hours for transporter deliveries and pick-ups.
6. The approved use under this Administrative Permit shall not be altered or expanded without written approval from the Police Department and Planning Division. Any proposed change shall require a written request, signed by the City Cannabis Licensee, submitted to the Chief of Police at least 30 days prior to the proposed change. This written request shall not constitute an approval of the proposed change and the proposed change may be denied. An amendment to this Administrative Permit, the City Cannabis License, or other permit may be required for any proposed change.
7. In order to maintain this Administrative Permit, the City Cannabis License shall be renewed pursuant to Concord Municipal Code (CMC) Chapter 5.80 (Cannabis). A license renewal application and any applicable fees shall be submitted at least 60 days before the expiration of the City Cannabis License. Failure to submit a renewal application prior to the expiration date of the license will result in the automatic expiration of the license on the expiration date. License renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure that the new standards are met. No person shall have any entitlement or vested right to receive a license under CMC Chapter 5.80 (Cannabis).
8. The cannabis business shall hold a valid state license (provisional or permanent) for the equivalent state license type for the entire duration of the city cannabis license.
9. Maintain at all times all licenses and permits as required by the state of California, and provide immediate notification to the Chief of Police if any state license or permit is suspended or revoked.
10. The business owner shall remove litter on and in front of the premises and, if necessary, on public sidewalks within 100 feet of the facility two times, with a minimum of four hour intervals, each operating day.
11. Any person who delivers cannabis to a customer must have in possession a copy of the city cannabis delivery license, which shall be made available upon request to law enforcement.
3 12. Delivery of cannabis shall be directly to the physical residence of the customer or secure exchange location at the Concord Police Department; deliveries to any other location are prohibited.
13. No licensee shall transport or cause to be transported cannabis in excess of the limits established by state law during the course of delivering cannabis.
14. A security plan must include procedures for verifying identification of customers both before entering the retail establishment and again before receiving cannabis or cannabis products.
15. The number, location, and hours of security guards shall be included in the application submittal.
16. A theft prevention plan shall be reviewed and approved by the Chief of Police or designee.
17. On-site security guard(s) shall monitor activity within 150 feet of building entrance to ensure no cannabis consumption is occurring in the vicinity of the business, including parking areas.
18. A neighborhood responsibility plan that demonstrates how the business will reduce adverse impacts to the surrounding neighborhood, including neighborhood outreach, methods for future communication, and dispute resolution, shall be submitted and approved by the city.
19. Cannabis and cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
20. The business owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, “reasonable steps” shall include calling the police in a timely manner and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.
21. The public entrance shall be ADA accessible.
22. A storefront retail licensee shall not conduct sales exclusively by delivery.
23. The business owner shall remove litter on and in front of the premises and, if necessary, on public sidewalks within 100 feet of the facility two times, with a minimum of four-hour intervals, each operating day.
24. No cannabis business shall be located within 250 feet of a sensitive land use, as defined in CMC Section 5.80.020, except as provided in CMC Section 5.80.060(f) (Sensitive Land Use Hardship). No sensitive land use shall be located in the buffer area that is within 600 feet of the Commercial Cannabis Overlay District (CMC Chapter 18.110). The applicant shall contact the Planning Division and Police Department if any sensitive use (as defined in CMC Section
5.80.020) is identified within 250 feet of the property (measured property line to property line).
25. No cannabis business may sell, store, distribute or allow the consumption of any alcoholic beverages or tobacco products on or at any premises where cannabis is sold.
4 26. No cannabis business may allow, permit, or provide for the consumption of cannabis products on site where the cannabis business is located, with or without compensation.
27. All uses shall be conducted completely within the building; no outdoor display or storage is allowed. No production, distribution, storage, display or wholesale of cannabis and cannabis products shall be visible from the exterior of the building where the commercial cannabis activity is being conducted, except as authorized by the Chief of Police.
28. Odors shall be contained within the licensed tenant space on which the commercial cannabis activity is located. Cannabis licensees shall prevent all odors generated from the cannabis use from escaping buildings to the extent that odor cannot be detected by a reasonable person of normal sensitivity outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis licensee, if the use only occupies a portion of a building. If the City receives any odor complaints that rise to the level of a public nuisance, the cannabis business shall work with the city staff to correct odor concerns.
Unresolved or repeated odor complaints may be the basis for suspension or revocation of the City Cannabis License or denial of City Cannabis License renewal.
29. No cannabis business shall employ anyone who is younger than 21 years of age. No cannabis business shall sell or advertise to sell any cannabis, cannabis product or cannabis accessory to minors, except in circumstances where the minor is over 18 years of age and is permitted or allowed by state law to purchase or possess medicinal cannabis, as set forth in California Business and Professions Code Section 26140, or any successor statute thereto.
30. All cannabis businesses shall maintain a commercial burglar alarm monitoring system, install a video surveillance system, and comply with the security plan approved by the Chief of Police. A cannabis business shall notify the Police Department immediately, and within 24 hours after discovering any of the following:
a. Diversion, theft, loss, or any criminal activity involving the cannabis or cannabis products or any agent or employee of the licensee.
b. The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers or employees or agents. c. Significant discrepancies identified during inventory. d. Any other material breach of security.
31. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling and packaging requirements.
32. City representatives may enter and inspect the property of every cannabis business to ensure compliance and enforcement of the provisions of this chapter, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. Such inspections shall occur during normal regular business hours unless the city has provided prior written notice to the cannabis business for an after-hours inspection. Upon request, the cannabis business shall timely provide the city official with records related to the business, including, but not limited to, utility bills from the commercial energy provider for the premises, inventory, financial records,
5 and inventory tracking records. This section shall not limit any inspection authorized under any other provision of law or regulation.
33. Maintain at all times commercial general liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than $2,000,000 per occurrence and comprehensive automobile liability (owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $2,000,000. The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall include an endorsement that specifies the insurance coverage afforded to the city shall be primary and noncontributory, and shall name the city, its officials and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the city cannabis license immediately and, ultimately, revocation.
34. Maintain, for a minimum of seven years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any in-kind contributions), as well as records of all operational expenditures and costs incurred by the licensee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the city during business hours for inspection upon reasonable notice by the Chief of Police.
35. Notify the Chief of Police within three calendar days of any notices of violations or other corrective action ordered by a state or other local licensing authority, and provide copies of the relevant documents.
36. The cannabis business shall obtain all building permits required pursuant to Title 15 for any electrical, plumbing, or other construction activities.
37. Temporary cannabis events shall be prohibited.
38. Any sign(s) requires a permit from the Building Division, subject to review and approval by the Planning Division. Said sign(s) shall comply with the City of Concord Sign Ordinance and any applicable master sign program for the subject site/building. No off-site sign(s) is permitted. No commercial cannabis signage is permitted on the property and all signage shall comply with CMC Chapter 18.180 “Signs”.
39. All interior building improvements or alterations, including plumbing or electrical work shall be subject to a City Building Permit.
40. All garbage and recycling (waste) materials shall be stored within the building or an enclosure approved by the City. All indoor and outdoor waste receptacles shall be locked and secured in manner to prevent tampering, theft, and/or removal of any cannabis refuse or the waste receptacle. At no time shall any waste receptacles be located outside of the building, except during pick-up, without prior approval of a building permit for an exterior trash enclosure pursuant to CMC 18.150.150 (Solid waste and recycling storage). Disposal of cannabis, cannabis products, and cannabis waste shall occur in accordance with state law.
6 41. The cannabis business shall ensure that no cannabis, cannabis byproducts, or associated hazardous materials may be discharged into the sanitary sewer system (including, but not limited to, sinks, toilets, or storm drains).
42. The applicant shall comply with all of the requirements of the Contra Costa County Fire Protection District, state law, as well as all other applicable City of Concord Planning, Building, and Engineering codes and ordinances.
43. The applicant shall comply with all of the requirements of the Contra Costa Water District. A copy of this approval will be forwarded to the Contra Costa Water District to determine if a water connection upgrade is required. For additional information please contact Shawn Kelly of the Contra Costa Water District at (925) 688-8017.
44. Any change of use, any new building construction, any interior improvements or exterior improvements and modifications, including mechanical, electrical, and plumbing work require a permit from the Building Division. Please contact the Building Division at (925) 671-3107 for those specific requirements, permits and related fees (the Building Division can issue permits to either the real property owner or to licensed contractors).
45. The business shall maintain a valid business license.
46. Incorporate decorative bollards along the east and north sides of the storefront to protect pedestrians and the building from accidental or intentional collisions with vehicles to prevent theft and diversion of cannabis products. The quantity and location shall be based on spacing for ADA compliance (and other local laws). Bollards shall be included in the tenant improvement plans and reviewed and approved by the Chief of Police or designee and Planning Division prior to issuance of building permit.
47. By accepting the city cannabis license and executing the application form, each licensee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law the city, its officers, officials, agents and employees from and against any and all actual and alleged damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of or in connection with licensee’s operations, except such liability caused by the active negligence, sole negligence or willful misconduct of the city, its officers, agents and employees.
GENERAL CONDITIONS – DESIGN AND SITE APPROVAL
48. The Conditions are the responsibility of the applicant and all contractors. Compliance shall occur as specified in the Conditions or at one of the following project milestones:
a) With the submittal of Grading, Improvement, Landscape, or Building Plans. b) Prior to issuance of Encroachment, Grading, or Building Permits, whichever comes first. c) Prior to construction.
d) On-going during renovations and construction.
e) Prior to occupancy approval.
7 If timing for compliance is not specified, it shall be determined by the Divisions listed after the Condition. (PLNG, BLDG, ENGR)
49. Where a plan or further information is required, it is subject to review and approval by the applicable City Department/Division, as noted at the end of each Condition. The Division listed first shall be the primary contact for implementation of that Condition. (PLNG, BLDG, ENGR)
50. The Conditions of Approval shall be listed on a plan sheet that is included in the construction plan set (Grading, Utility, Landscape and Building Plans). (PLNG, ENGR, BLDG)
51. The project shall comply with all applicable Federal and State laws and Concord Municipal Code (CMC) requirements. (PLNG, BLDG, ENGR)
52. Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively.
Major modifications shall be approved by the applicable decision making body. (PLNG, ENGR)
53. The project site and area surrounding the site shall be maintained in a weed and litter free condition for the period prior to construction. (BLDG, PLNG)
54. All landscaping within the sight visibility triangles along the driveways must be kept below a maximum of three feet in height per 18.150.170 of the Development Code. (PLNG, TRANS)
55. Trash facilities shall be provided to ensure compliance with Senate Bill 1383 (SB 1383), subject to review and approval by Mt. Diablo Resource Recovery and City staff prior to issuance of a building permit. (MDRR, PLNG)
ARCHITECTURAL
56. Rooftop equipment (HVAC, meters, refrigeration equipment, plumbing lines, ductwork and transformers), shall not extend above the building parapet and shall be screened from view on all sides with materials architecturally compatible with the main structure. Screening details shall be shown on the Building Plans and submitted for review and approval by the Planning Division, prior to the issuance of Building Permits and installed prior to occupancy approval. (PLNG)
57. Vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface as necessary, unless otherwise approved by the Planning Division.
Damaged architectural elements shall be replaced or repaired to a like-new condition. (PLNG)
58. Any additional exterior improvements to the building or property not included in the scope of work shall require Design and Site review and approval, as determined by the Planning Division. (PLNG)
TREE PRESERVATION AND LANDSCAPING
59. The applicant shall submit a landscaping and irrigation plan to be reviewed and approved by staff prior to the issuance of a certificate of occupancy except as modified by these conditions. (PLNG)
8 60. The applicant to replace landscaping consistent with the approved landscape plan prior to the issuance of a certificate of occupancy as follows:
a. Replant two empty parking lot tree wells with 24-inch box American Sweetgum and/or Evergreen Pear trees to shade the parking spaces;
b. Replant the landscaping on the left side of the Commerce Avenue driveway up to the south property line;
c. Replant the first 45 feet of the landscape planter to the right side of the Commerce Avenue driveway up to the existing aboveground transformer; and d. Replant the landscape area at the intersection of Concord Avenue and Commerce Avenue to provide visual enhancement at an intersection that experiences high volumes of traffic. (PLNG)
61. All landscaping shall be installed prior to occupancy approval. Contact the Planning Division at least two weeks prior to occupancy, to request a site inspection of all exterior improvements including buildings, driveways, parking lots, landscaping, irrigation, signs, lighting, walls, fences, and trash enclosures. (PLNG)
62. Any vegetation damaged or destroyed by construction activities shall be replaced with like or comparable plant materials, and if damage occurs off-site, the replacement plants shall be approved by the property owner and the Planning Division, prior to occupancy approval. (PLNG)
63. All existing trees within the project boundaries shall be preserved. (PLNG)
LIGHTING
64. All exterior building and parking lot lighting shall provide illumination for safety and shall be installed in a manner that is glare shielded and directed away from adjacent properties and right- of-ways. (PLNG)
65. Submit a Photometric plan for review and approval, showing the location of all light sources, streetlight spacing, intensity of luminance, and uniformity ratio, in accordance with the City’s specifications, with the Improvement, Utility, or Building Plans, whichever comes first. The photometric analysis shall be reviewed by Public Works - Transportation for the determination of streetlight spacing. (ENGR, TRANS, BLDG, PD)
SIGNAGE
66. All signage shall comply with CMC Chapter 18.180 “Signs”. (PLNG) CMC
PARKING
67. The applicant shall provide at least 11 valet employee parking spaces in the adjacent Suite C tenant space and the width for the tandem valet parking stalls shall be increased to 10 feet. (PLNG, TRAN)
9 68. The applicant shall monitor valet parking and queueing to ensure valet services do not impede on-site and/or off-site traffic, pedestrian, and bicycle circulation. The applicant shall make adjustments to employee start times if valet queuing extends into on-site and/or off-site travel lanes. (PLNG, TRAN)
69. The applicant shall provide a partial one-way site circulation with vehicles entering the northern parking drive aisle and exiting the center parking drive aisle. (TRAN)
70. The applicant shall provide signage on-site that parking is allowed in designated stalls only, and paint curbs red where parking is prohibited. (TRAN)
71. The applicant shall provide an accessible pedestrian connection between Concord Avenue and the project site as well as Commerce Avenue and the project site. (TRAN)
72. The applicant shall provide bicycle parking per the City of Concord Municipal Code. Short-term bicycle parking spaces shall be provided equal to five percent (1 space) of the required vehicle spaces (20 spaces), with a minimum of two spaces per site. The bicycle rack style shall be a u- rack, post and loop rack, or wheel well secure rack. (PLNG) (TRAN)
STREET IMPROVEMENTS
73. Construct improvements along the Concord Avenue and Commerce Avenue frontages including but not limited to: driveway removal; pavement replacement 2.5 feet wide measured perpendicular from face of curb; conforms to existing improvements; and repair/replacement of deficient frontage improvements as determined by the City Engineer, prior to occupancy approval or Acceptance of Improvements. (ENGR)
74. Any trenching for underground utilities shall comply with the modified City Standard Detail S- 17 for pavement repair and possible slurry placement. (ENGR)
75. Construct all public facilities in accordance with the current Americans with Disabilities Act (ADA), including driveways and curb ramps. (ENGR)
NOISE
76. Noise producing site preparation and construction activities shall be limited to the days and hours as set forth below:
Monday through Friday 7:30 a.m. to 6:00 p.m.
Construction on Saturdays may be allowed only upon prior approval by the Building, Engineering, and Planning Divisions. No changes to these construction hours shall be allowed without the prior written consent of the City. A contact person shall be available during all construction activities in the evening and on weekends to respond to complaints and take actions necessary to reduce noise. (BLDG, ENGR, PLNG)
10 CONSTRUCTION ACTIVITIES
77. Contact Engineering Services to arrange for a Pre-Construction Meeting prior to issuance of Grading or Building Permits, whichever comes first. (ENGR)
78. Implement a dust and construction noise control plan. Submit the plan to Engineering Services for review and approval prior to issuance of the Grading Permit. (ENGR)
79. Construction equipment shall not be serviced at the site at any time. During construction no deliveries shall be made to the site and no delivery vehicles (including gasoline tanker trucks) shall enter the site between 6:00 p.m. and 7:30 a.m. on weekdays, and between 5:00 p.m. and 8:00 a.m. on weekends and federal holidays. Delivery vehicles shall have their engines turned off during unloading. (BLDG, ENGR, PLNG)
80. Employ the quietest construction equipment available, to muffle noise from construction equipment and keep all mufflers in good working order in accordance with State law. (BLDG,
ENGR, PLNG)
81. Implement the following measures during construction:
a) Gather all construction debris on a regular basis and place them in a dumpster or other container that is emptied or removed on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.
b) Remove all dirt, gravel, rubbish, refuse, and green waste from the street pavement, and storm drains adjoining the project site. During wet weather, avoid driving vehicles off paved areas.
c) Broom sweep the public street pavement adjoining the project site on a daily basis.
Caked-on mud or dirt shall be scraped from these areas before sweeping. d) Install filter materials (e.g., sandbags and filter fabric) at the storm drain inlet nearest the downstream side of the site in order to preclude any debris or dirt from flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and to prevent street flooding. Dispose of filter particles in an approved trash receptacle.
e) Create a contained and covered area on the site for the storage of bags, cement, paints, flammable, oils, fertilizers, pesticides, or any other materials used on the site that have the potential for being discharged to the storm drain system by being windblown or in the event of a material spill.
f) Never clean items such as machinery, tools, and brushes or rinse containers in a street, gutter, or storm drain.
g) Ensure that concrete, gunite, plaster, or similar supply trucks do not discharge wash water into street gutters or drains. (ENGR, BLDG)
82. No equipment shall be started or staging area be established on the streets or the site before or after the specified hours of construction. (ENGR, BLDG)
11 83. Ensure that no debris or construction scrap material is placed on any adjoining lot, open space area, or street, and that any such material stored on an adjoining site shall be completely removed and the site cleaned, prior to occupancy approval. (ENGR, BLDG)
84. At no time shall campers, trailers, motor homes, or any other vehicle be used as living or sleeping quarters on the construction site unless authorized for site security. (ENGR, BLDG)
85. There shall be no parking of construction equipment or construction worker’s vehicles on adjacent streets at any time; all vehicles shall be maintained on-site. (ENGR, BLDG)
86. Portable toilets used during construction shall be kept as far as possible from adjacent properties, public view and shall be emptied on a regular basis as necessary to prevent odor. (ENGR, BLDG)
CONSTRUCTION PLAN REVIEW/PRE-PERMIT REQUIREMENTS
87. Submit electronic copy of Preliminary Title Report, prepared within three months prior to plan submittal. (ENGR)
88. The proposed buildings are within the Floodplain Zone X. At a minimum, comply with the City of Concord Municipal Code requirements in establishing building finished floor elevations. The Grading Plan shall be referenced to the same elevation datum as the FEMA map, and shall show the finished floor elevations of the proposed buildings, Base Flood Elevations (BFE), and building setback line per CMC. (ENGR) CMC
89. The Improvement Plans shall show frontage improvements including but not limited to: drainage improvements, curb, gutter and sidewalk per City Standard Detail S-10, and driveway construction per City Standard Detail S-14 and repair/replacement of deficient frontage improvements as determined by the City Engineer. Any unusable existing driveway shall be replaced with standard curb, gutter, and sidewalk per S-10 above. Any trenching for utility installation shall comply with the modified City Standard Detail S-17 for pavement repair and possible slurry placement. (ENGR)
90. Design improvements in accordance with the City Standard Plans S-34 and S-36 for sight distance, sidewalk, back up, fencing, geometrics at intersection and corner setback requirements, prior to the Acceptance of Improvements. Plans shall be subject to review and approval by Engineering Services. (ENGR)
91. Obtain a Site Development Permit from the City prior to performing any work within the site and public right-of-way or public easements. (ENGR) CMC
SITE DEVELOPMENT PLANS
92. All grading shall require a Grading and Drainage Plan prepared by a registered Civil Engineer, a Soils Report prepared by a registered Geotechnical Engineer and receipt of a Grading Permit approved by the City Engineer. The Grading Plans and Soils Report shall require review by the City’s Geotechnical consultant with all costs to be borne by the applicant. (ENGR)
12 93. On-site finish grading work shall require drainage to be directed away from all building foundations at a minimum slope of 2 percent and a maximum slope of 20 percent toward approved drainage facilities or swales. Non-paved drainage swales shall have a minimum slope of 1 percent. (ENGR)
94. At all times seasonally appropriate erosion control measures shall be implemented per plans approved by the City Engineer for all grading work at all times. Wet season measures shall be in place October through April at a minimum and when rain is otherwise predicted. At the time of approval of the Improvement and/or Grading Plans, an approved Erosion Control Plan prepared by a registered Civil Engineer shall be filed with the City Engineer. (ENGR)
95. Submit Grading, Erosion Control, Improvement, to Engineering Services for review and approval prior to the issuance of Grading, Encroachment, and Building Permits. Where applicable, evidence of compliance with the State General Construction Permit shall be provided. (ENGR) CMC
UTILITIES
96. No above ground utility facilities/structures shall be located between the face of curb and back of sidewalk in the public right-of-way. (ENGR)
97. All new utilities shall be constructed underground prior occupancy approval. (ENGR)
98. Submit to Engineering Services a sewer fixture count prior to demolition or renovation. (ENGR)
99. Coordinate all facility adjustments, relocations, or additions to utility services with the appropriate utility companies. (ENGR)
100. If the project creates or replaces more than 2,500 square feet of impervious surface, then comply with the small land development project, Appendix C of the stormwater C.3 guidebook 7th edition.
101. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner. (ENGR)
102. Install City of Concord “No Dumping, Drains to Creek” curb marker (English and Spanish version) on all catch basins. (ENGR)
103. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually. If sidewalks and/or the parking lot are pressure washed, debris must be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the Central Contra Costa Sanitary District. (ENGR) 104. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce
13 wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered. (ENGR)
105. Clean all on-site storm drain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by the City Engineer/Director of Building Inspection. (ENGR, BLDG)
AGREEMENTS, FEES, BONDS
106. All fees noted below are the fees currently in effect as of July 1, 2023 per the Resolution of Fees and Charges. The fees and charges are reviewed annually as part of the budget public hearing process. Fee adjustments are based on a number of factors and vary depending on the type of fee:
Service-based fees are adjusted annually based on the San Francisco-San Jose-Oakland Area Consumer Price Index;
Improvement based fees (also called impact fees) are adjusted annually based on Engineering News Record Construction Cost Index (San Francisco Bay Area); and the Parkland Fee is adjusted per Section 78-95 of the Concord Municipal Code.
The fees become effective as of the date set forth in Exhibit A of Resolution No. 78-6042, Fees and Charges for Various Municipal Services, as most recently amended and approved by the City Council. Persons interested in how a particular fee is calculated should contact the City Department administering the fee or the Finance Department. (ENGR) 107. Pay a Document Imaging fee to reimburse the City for implementation of the Document Imaging and File Retention programs, prior to issuance of Grading or Building Permits. (PLNG) 108. All required faithful performance bonds and labor materials bonds in a penal amount equal to 100 percent of the approved estimates of construction costs of improvements shall be submitted to and approved by the City and other agencies having jurisdiction prior to issuance of the site development Permit. (ENGR)
109. Site Development Permit Application:
a) Pay the Filing Fee at the time of submittal of permit application, improvement plans and supporting documents to City Engineering Services for review. b) Provide a restoration security before issuance of the Encroachment Permit. The security shall be in an amount sufficient to restore existing public improvements to a serviceable condition should development improvement activity cause damage. The amount of the security shall be determined by, and be in a form acceptable to the City Engineer. c) Provide a $5,000 cash deposit for Erosion Control prior to issuance of Grading Permit.
The deposit will be placed in a refundable account. Any unused funds will be returned at project completion. If the initial deposit is insufficient to cover actual costs, an additional deposit in an amount determined by the City Engineer will be required. d) Pay the Improvement Plan review fee at the time of submittal of Improvement Plans and supporting documents to Engineering Services for review. The current fee is estimated based on the project cost evaluation.
14 e) Pay the Construction Inspection fee prior to issuance of the Site Development Permit.
The current fee is based on the estimated cost of constructing the proposed improvements. (ENGR)
110. Sewer Connection Permit:
Pay Sanitary Sewer connection fee. The current sewer connection fee is $1,009.00 per fixture unit. (ENGR)
111. Traffic Mitigation Fee:
Pay Offsite Street Improvement Program (OSIP) fee prior to issuance of Building Permit. The current OSIP Fee is $8.81 per gross square feet for commercial uses. (TRANS)
OTHER/MISCELLANEOUS
112. Comply with the requirements of the Contra Costa County Fire Protection District. Submit complete sets of plans and specifications to the Fire District for review and approval at:
Contra Costa County Fire Protection District
4055 Port Chicago Highway, Suite 250
Pleasant Hill CA 94520
Plan review fees are assessed at that time. The City is not responsible for the collection of fees or enforcement of requirements imposed by the Fire District. (CCCFPD) 113. The applicant shall defend, (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre- approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such
15 time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA) 114. The permit and approval shall expire in one year from the date on which it became effective unless construction permits are obtained and work has begun. The effective date of the permit and approval is June 4, 2024. (PLNG)
115. A request for a time extension from the expiration date of June 4, 2025 can be considered if an application with required fee is filed at least 10 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG) 116. The City may impose additional conditions of approval, including additional site improvements, when the City Cannabis License extension(s) are granted. (PLNG) 117. The applicant shall duly execute and comply with the terms and conditions of the Development Agreement attached as Exhibit A to Ordinance 23-1 (An Ordinance Approving and Adopting a Development Agreement by and Between the City of Concord and Culture Club Corporate Enterprise, Regarding the Development of a Cannabis Retail Storefront Use at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number 126-020-108 (PL24034 – AA, DA, DR).
Dear City of Concord,
I, Devon Julian, write this letter on behalf of Culture Club Corporate Enterprise. to request an extension on Entitlements (PL20113 – AA, DA, DR), and to provide the city with this written statement detailing the status of the project, the history of the project thus far and why City Council should grant Culture an extension.
Culture was previously approved on February 14, 2023, the City Council adopted Resolution No. 23-10 approving an Administrative Permit and Design and Site Review for our cannabis storefront and delivery retail business at 1440 Concord Avenue, Suite B.
On March 7, 2023, the City Council ad opted Ordinance No. 23 -01 approving a Development Agreement by and between the City of Concord and Culture, which became effective on April 6, 2023.
Culture’s approval consists of interior tenant improvements, parking lot improvements, trash enclosure improvements and offsite improvements. Culture was given numerous conditions of approval to meet in addition to the construction work which includes leasing the five-star automotive space. Culture has been in contact with Brian Andrews and has a drafted lease buyout agreement that has not been executed yet. Lease term negotiations have been ongoing with the Landlord for the five-star automotive space and will be executed as building permits are pulled by the selected contractor. Since planning approval Culture has taken the following steps in regard to building.
Building History & Status synopsis:
• On May 15, 2023, Culture submitted its initial plans for building permits. • Culture received its first round of corrections on June 27, 2023, and resubmitted the corrections to building on July 28, 2023.
• Culture r eceived its second round of corrections on August 17, 2023, and resubmitted the corrections to building on September 11, 2023. • Culture received its Final round of corrections on September 9, 2023, and resubmitted the corrections to building on October 25, 2023. • Culture received building approval on November 6, 2023, and has since obtained bids from licensed contractors to commence construction. Attached is one bid being considered. There are 2 other contractors who have done job site visits and are preparing bids.
RECEIVED
MAR 18 2024
PLANNING
Attachment 2
• Culture is in the process of conducting a topography and boundary survey with a licensed civil engineer . The Civil engineer will be able to determine what areas need to be upgraded to the current code. Once that is established, we will be able to submit for the offsite permit for construction work.
Conclusion and Request:
Culture has been diligently responding to the city throughout the building permit process.
The initial 1-year approval of the entitlements has been spent mostly working with the city to approve the tenant improvement building permits. The off-site civil building permits are unique and costly. Culture intends to complete the offsite permit work and engage a contractor with the specialty license to do this work.
Culture is excited and appreciative of the opportunity to do business in the City of Concord. We wish to be a good partner to the City, ready and willing to work together to reach our mutual goal of providing first -class service to the citizens of Concord. Culture requests an extension on entitlements (PL20113 – AA, DA, DR).
We intend to pull permits for Building Permit #232176 and the offsite permit work that will be submitted upon completion of the Topography and Boundary survey. Construction will be done concurrently on both sites.
We are confident of being able to timely continue with our dispensary retail store build - out. Please grant Culture an extension as we are on the cusp of pulling building permits and commencing construction.
We appreciate your time, thank you for your consideration of this extension to get operational.
Kind regards,
Devon Julian
13. 16.
15. 14.
12. 11.
10. 9.
8. 7.
6. 5.
4. 3.
2. 17.
IRVINE, CA. 92606
1 CORPORATE PARK, SUITE #112
BLOOMSTONE
APPLICANT:
ARCHITECT:
PHONE: (347) 351-8309
1440 CONCORD AVE. STE. B
CONCORD, CA 94520
ASSESSOR'S PARCEL NUMBER
126-020-108
HESTIA ATELIER, LLP
CONDITIONAL USE PERMIT APPLICATION NUMBER: PL21130-DR, AP, DA) RaquelHernandezSep/16/2022 1:50 PMdwg last saved: by:
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TITLE SHEET
ABBREVIATIONS
FOR ADDITIONAL ABBREVIATIONS
REFER TO THE DOOR SCHEDULE,
FINISH SCHEDULE, AND THE
ENGINEER'S DRAWINGS
CER. CERAMIC
FOOR OR FEETFT.
O.D. OUTSIDE DIAMETER
RAIN WATER LEADER
ROUGH OPENING
REINFORCING
REFRIGERATOR
QUARRY TILE
PLASTIC LAMINATE
INTERIOR
INSULATION
INSIDE DIAMETER
HEIGHT
HOUR
HORIZONTAL
HOLLOW METAL
HARDWOOD
HOLLOW CORE
HOUSE BIB
GYPSUM
GRADE
GLASS
GRAB BAR
GALVANIZED
GAUGE
FUTURE
FURRING
FOOTING
DEPARTMENTDEPT.
HDWD.
DRY STANDPIPE
DOWNSPOUT
DRINKING FOUNTAIN
DOOR DR.
DWG.
D.S.P.
DS.
DRAWING
DIM.
DISP.
DN.
DIA.
DET.
D.F.
DIMENSION
DISPENSER
DOWN
DIAMETER
DETAIL
INT.
HT.
INSUL.
I.D.
HORIZ.
HR.
H.M.
COUNTERSUNK
CONTINUOUS
CONSTRUCTION
CONNECTIONCONN.
CTSK.
CTR.
DBL.
CORR.
CONT.
CONST.
CENTER
DOUBLE
CORRIDOR
CONC.
COL.
CLR.
CLG.
C.I.
CONCRETE
COLUMN
CLEAR
CAST IRON
CEILING
H.C.
H.B.
GYP.
GR.
GL.
G.B.
GALV.
GA.
FURR.
FUT.
FTG.
REQ'D. REQUIRED
RECESSED HOSE BIB
R.W.L.
R.O.
R.H.B.
REGISTER
REFERENCE
ROOF DRAIN
RISER
REF.
REINF.
REG.
REFR.
R.D.
R.
PLAS. PLASTER
PLYWOOD
PRESSURE TREATED
PAIR
Q.T.
PLYWD.
P.T.
PR.
OPPOSITE
OPENING
PLATE
OVERFLOW DRAIN
P.LAM
PL.
OPNG.
OPP.
OFD.
UNLESS NOTED
TOP OF PAVEMENT
WT.
WP.
W/O
WD.
W.C.
WEIGHT
WATERPROOF
WITHOUT
WATER CLOSET
WOOD
W/
U.N.O.
V.C.T.
VEST.
VERT.
UNF.
TYP.
T.V.
T.P.
W.
VESTIBULE
VERTICAL
WITH
WEST
UNFINISHED
TYPICAL
TELEVISION
MANUFACTURER
NOT TO SCALE
NOT IN CONTRACT
MASONRY OPENING
MISCELLANEOUS
FIREPROOF
FACE OF SHEATHING
FLUORESCENT
FLASHING
FINISH
FIRE EXTINGUISHER
EXTERIOR
EXPANSION
EXISTING
EQUIPMENT
EQUAL
ELECTRICAL PANEL
ENCLOSURE
EMERGENCY
ARCHITECTURAL
APPROXIMATE
BUILDINGBLDG.
BOT.
CEM.
CAB.
BLKG.
BLK.
BM.
BOTTOM
CEMENT
CABINET
BLOCKING
BLOCK
BEAM
BITUM.
BD.
ASPH.
ARCH.
APPROX.
ASB.
BITUMINOUS
BOARD
ASBESTOS
ASPHALT
FLUOR.
FPRF.
F.O.S.
FLASH
FIN.
F.E.
ADJACENT
POUND OR NUMBER
PERPENDICULAR
#
EXISTING
ADD'L.
AGGR.
ALUM.
ADJ.
A.D.
ACOUST
(E)
ADDITIONAL
ALUMINUM
AGGREGATE
AREA DRAIN
ACOUSTICAL
E.P.
EXIST.
EXT.
EXP.
EQUIP.
EQ.
EMER.
ENCL.
N. NORTH
ON CENTER
OBSCURED
OVERALL
NOMINAL
NUMBER
OBS.
O.C.
O.A.
N.T.S.
NOM.
N.I.C.
NO.
MULLION
MOUNTED
MINIMUM
MANHOLE
MIRROR
M.O.
MUL
MTD.
MISC.
MIR.
MIN.
MH.
MEMBRANE
MECHANICAL
MAXIMUM
METAL
MEMB.
MECH.
MFR.
MET.
MAX.
LT. LIGHT
LAV.
LAM.
LAVATORY
LAMINATE
STAINLESS STEEL
SERVICE SINKSSK.
THK.
T&G.
TEL.
TC
TB
T
SUSP.
STRUCT
STOR.
STL.
STD.
STA.
THICK
TELEPHONE
TOP OF CURB
TOP BEAM
TREAD
SUSPENDED
STRUCTURAL /
STRUCTURE
STORAGE
STANDARD
STATION
STEEL
S.S.
SQ.
SPEC.
SIM.
SHT.
SQUARE
SPECIFICATION
SIMILAR
SHEET
T.O.C. TOP OF CONCRETE
T.O.PL. TOP OF PLATE
T.O.S. TOP OF STEEL
VERIFY IN FIELDV.I.F.
T.O.P. TOP OF PARAPET
FIRE RETARDANT
TREATED
FRT.
DIAMETERØ
SQUARE FOOT / FEET□
AND &
AT @
CENTER LINECL
ANCHOR BOLTA.B.
ABOVE ABV.
AIR CONDITIONINGA/C
A.C.
AFF.
ASR. AUTO. SPRINKLER
RISER
AUTO. AUTOMATIC
BTWN. BETWEEN
C CAMBER
C.B. CATCH BASIN
C.H.B.
C/J CEILING JOINT
CJ CONTROL JOINT
CMU CONCRETE MASONRY
UNIT
C.O. CONCRETE OPENING
CLEANOUT
CONTRACTORCONTR.
CY. CUBIC YARD
EACH EA.
EXPANSION JOINTEJ
ELECTRICALELEC.
ELEVATIONEL.
EACH WAYE.W.
FOUNDATIONFDN
FLOOR DRAINF.D.
FINISH FLOORF.F.
FIXTUREFIXT.
FLOOR FLR.
FIRE HOSE CABINETF.H.C.
FACE OF CONCRETEF.O.C.
FACE OF FINISHF.O.F.
FACE OF MASONRYF.O.M.
FINISH SURFACEF.S.
FLOOR SINKF.S.
FSR.
GENERAL
CONTRACTOR
GC.
GALVANIZEDGI.
GROUNDGND.
HEADERHDR.
HIGH POINTH.P.
HARDWAREHDW.
HEATING,
VENTILATION,
& AIR CONDITIONING
HVAC.
INVERT ELEVATIONI.E.
INCH IN.
FIRE ALARMFA
FIRE HYDRANTF.H.
JT. JOINT
OFFICEOFF.
PARTITIONPART'N
PROPERTY LINEP.L.
PLBG. PLUMBING
RADIUSR./RAD.
REDWOODRDWD.
REFER TORE:
RESIL. RESILIENT
ROOM RM.
RIGHT OF WAYROW.
EAST E.
S. SOUTH
S.C. SOLID CORE
SCHED.SCHEDULE
SECT. SECTION
SHT'G. SHEATHING
SYM. SYMETRICAL
TD TOP OF DRAIN
T.O.W. TOP OF WALL
T.J. TRUSS JOIST
T.O. TOP OF
VENT THROUGH ROOFV.T.R.
OTHERWISE
WH. WATER HEATER
WR. WATER RESISTANT
W.W.F. WELDED WIRE FABRIC
INFORMATIONINFO.
REQ'M'T. REQUIEMENT
S.F. SQUARE FOOT / FEET
N.F.A.
EXPANDED
POLYSTYRENE
EPS
FLOW LINEFL
POINT OF
CONNECTION
POC
ROUGH SAWNR.S.
SAT SUSP. ACOUST. TILE
VINYL COMPOSITE TILE
NET FREE VENT AREA
TONGUE AND GROOVE
FIRE SPRINKLER RISER
ASPHALTIC CONCRETE
CONCEALED HOSE BIB
ABOVE FINISH FLOOR
DETAIL NUMBER
SHEET NUMBER
SYMBOL
24B
A7.0-1B
DETAIL REFERENCE
DESCRIPTION
BUILDING AND WALL SECTIONS
DETAIL NUMBER
SHEET NUMBER
CUT PLANE
1A
A3.5
SUBJECT POINTER
SYMBOL DESCRIPTION
DETAIL NUMBER
SHEET NUMBER
1A
A3.0
DETAIL NUMBER
SHEET NUMBER
ELEVATION NUMBER
ELEVATION NUMBER
1 A4.1
A
B
EXTERIOR ELEVATIONINTERIOR ELEVATION
SYMBOL LEGEND
10110'-0"
KEYNOTECEILING HEIGHT
HEIGHT A.F.F. U.N.O.
WALL TYPE
SUBJECT WALL
101
TYP.
A101
WALL TYPEACCESSORY TYPE
DOOR TYPEWINDOW TYPE
101W101
MISCELLANEOUS TYPEDELTA AND CLOUD
R1011
MATERIAL
COLOR
A
1 MATERIAL
COLOR
ADDITIONAL INFO.
1 A
P-3
SIMPLE FINISH:
MATERIAL AND COLOR
COMPLEX FINISH:
MATERIAL, COLOR, & ADDITIONAL INFORMATION
ROOM NAME
ROOM NUMBER
ROOM FLOOR AREA
COMPACTOR
ROOM
F100
100 SF
ROOM IDENTIFICATION
REQ'D MINIMUM WIDTH
OCCUPANT LOAD
PROVIDED WIDTH
EGRESS COMPONENT
REQ'D:
OCCS:
PRV'D:
STAIR #1
100
20"
20"
EGRESS WIDTH
RM. FLOOR AREA
RM. OCCUPANT LOAD
OCC. LOAD FACTOR
RM. OCCUPANCY GROUP
RM. NAME OR NUMBER
/S.F.
OCCS:
OCPY:
S.F.
CLOSET
S-1 200
5 1,000
ROOM OCCUPANCY LOAD
MATCH LOCATION SHEET
MATCH LINE
SEE: AX.X-X
MATCH LINE
GRID LINE IDENTIFICATION
A
GRID LINE IDENTIFICATION
('x' DENOTES EXISTING)
xA
PROJECT SCOPE
PROJECT DATA
ALL WORK SHALL BE IN CONFORMANCE WITH THE CODES IDENTIFIED IN THE GOVERNING CODES SECTION LISTED BELOW.
1 - ADMINISTRATION
ACCESSIBILITY REQUIREMENTS PER THE FEDERAL ADA, ANSI 117.1-2003 AND 2019 CBC OR AS AMENDED BY STATE OR LOCAL REGULATIONS,
WHICHEVER IS MOST RESTRICTIVE
A.
B.
2019 CALIFORNIA BUILDING CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA MECHANICAL CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA PLUMBING CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA ELECTRICAL CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA FIRE CODE AND JURISDICTIONAL AMENDMENTS 2019 CALIFORNIA ENERGY CODE AND JURISDICTIONAL AMENDMENTS
CONCORD MUNICIPAL CODES AND ORDINANCES
ALL FINISHES SHALL COMPLY WITH CBC CHAPTER 8, TABLE 803.9
GENERAL NOTES
COMMERCIAL INTERIOR TENANT IMPROVEMENTS FOR CANNABIS DISPENSARY.
SCOPE OF WORK TO INCLUDE:
- REMOVAL AND CONSTRUCTION OF BEARING AND NON-BEARING WALLS - NEW ACCESSIBLE RESTROOM
- NEW VALET PARKING
PROJECT DIRECTORY
PRIMARY OCCUPANCY (CHAPTER 3):
3 - OCCUPANCY
A.
CONSTRUCTION TYPE (CHAPTER 5):
4 - BUILDING & SITE DATA
FULLY SPRINKLERED PER CHAPTER 9:
A.
B.
V-B
NO
M OCCUPANCY
DEFERRED SUBMITTALS
THESE DRAWINGS ARE THE PROPERTY OF HESTIA ATELIER, LLP AND ARE NOT TO BE USED FOR ANY OTHER THAN THE LOCATION SHOWN HEREON. OWNER IS LICENSED TO UTILIZE CONSTRUCTION DOCUMENTS FOR THIS LOCATION ONLY.
NO CHANGES ARE TO BE MADE ON THESE PLANS WITHOUT THE KNOWLEDGE OR CONSENT OF THE ARCHITECT/ ENGINEER WHOSE SIGNATURE APPEARS HEREON.
DIMENSIONS AS INDICATED ARE THE DIMENSIONS TO BE USED FOR CONSTRUCTION. DO NOT SCALE DRAWINGS.
NO FRAMING OF ANY TYPE IS TO BE CONCEALED PRIOR TO INSPECTION
REFERENCES TO ANY DETAIL OR DRAWING IS FOR CONVENIENCE ONLY AND DOES NOT LIMIT THE APPLICATION OF SUCH DETAIL OR DRAWINGS. BY GOVERNING AGENCIES.
DIMENSIONS AND CONDITIONS AT THE JOB SITE SHALL BE VERIFIED BY ALL CONTRACTORS, DISCREPANCIES IN
THE DRAWINGS OR BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE
ARCHITECT AND TO THE OWNER, CORRECTED DRAWINGS OR INSTRUCTION SHALL BE ISSUED BY THE ARCHITECT PRIOR TO THE INSTALLATION OF ANY WORK. ALL DIMENSIONS ARE TO BE ROUGH UNLESS OTHERWISE NOTED. ARCHITECT'S DRAWINGS SHALL GOVERN OVER STRUCTURAL, MECHANICAL, ELECTRICAL AND LANDSCAPE DRAWINGS. ALL DRAWINGS SHALL BE ISSUED BY ARCHITECT.
ALL WORK, CONSTRUCTION AND MATERIALS SHALL COMPLY WITH ALL PROVISIONS OF THE BUILDING CODE AND WITH OTHER RULES, REGULATIONS, AND ORDINANCES FOVERNING THE PLACE OF THE CONSTRUCTION. IT IS
THE RESPONSIBILITY OF ANYONE SUPPLYING LABOR OR BOTH TO BRING TO THE ATTENTION OF THE ARCHITECT
AND THE OWNER ANY DISCREPANCES OR CONFLICT BETWEEN THE REQUIREMENTS OF THE CODE AND THE DRAWINGS, THE APPLICABLE CODES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: CALIFORNIA BUILDING CODE 2016 EDITION
THESE DRAWINGS DO NOT CONTAIN THE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY.
ALL GYPSUM WALL BOARD TO BE 1/2" OR 5/8" THICK TYPE "X", UNLESS OTHERWISE NOTED OR REQUIRED FOR SPECIFIC WALL CONSTRUCTION.
ALL CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH THE STATE CONSTRUCTION SAFETY ORDERS ENFORCED BY THE STATE OF CALIFORNIA DIVISION OF INDUSTRIAL SAFETY.
CONSTRUCT NO TRENCHES OR EXCAVATIONS 5' OR MORE IN DEPTH INTO WHICH A PERSON IS REQUIRED TO
DESCEND, OR OBTAIN NECESSARY PERMIT FROM THE STATE OF CALIFORNIA DIVISION OF INDUSTRIAL SAFETY PRIOR TO THE ISSUANCE OF A BUILDING OR GRADING PERMIT.
EXACT LOCATION AND NUMBER OF EXIT SIGNS SHALL BE DETERMINED BY FIELD INSPECTOR AFTER THE INSTALLATION OF ALL MAJOR EQUIPMENT. CONTRACTOR SHALL CONDUCT SUCH FIELD INSPECTION PRIOR TO INSTALLATION OF ANY EXIT SIGNAGE.
FIRE EXTINGUISHERS SHALL BE PROVIDED AS FOLLOWS; 1 2A10BC EXTINGUISHER FOR EACH 3000 SQ. FT. FIRE EXTINGUISHERS SHALL NOT EXCEED 75' TRAVEL DISTANCE AND SIGNS SHALL BE POSTED ABOVE ALL EXTINGUISHERS TO INDICATE THEIR LOCATIONS. EXTINGUISHERS SHALL BE MOUNTED MEASURING FROM THE TOP OF THE EXTINGUISHER TO FINISH FLOOR A MINIMUM OF 3' AND MAXIMUM OF 5'. EXTINGUISHERS LOCATED IN PUBLIC AREAS SHALL BE IN A RECESSED FIRE EXTINQUISHER CABINET(S) MOUNTED 48" TO CENTER OF CABINET(S) ABOVE FINISHED FLOOR LEVEL WITH MAXIMUM 4" PROJECTION FROM THE WALL. AN ADDITIONAL 2A:20BC EXTINGUISHER WILL BE REQUIRED NO MORE THAN 75' OF TRAVEL FROM ANY PORTION OF FUELING LOCATIONS. EXACT LOCATIONS OF EXTINGUISHERS SHALL BE DETERMINED BY FIELD INSPECTOR.
NO HAZARDOUS MATERIALS WILL BE STORED AND/OR USED WITHIN THE BUILDING WHICH EXCEED THE QUANTITIES LISTED IN THE CBC TABLES 307.1(1) & 307.1(2).
WHERE PERMANENT IDENTIFICATION IS PROVIDED FOR ROOMS ANS SPACES, RAISED LETTERS SHALL ALSO BE PROVIDED AND SHALL BE ACCOMPANIED BY BRAILLE. SECTION 1117B.5 ALL SIGNAGE REQUIREMENTS OF SECTION 1117B.5 SHALL BE SATISFIED.
COMPLY WITH CBC SECTION 3303 REGARDING PROTECTION OF PEDESTRIANS DURING CONSTRUCTION.
WALL, FLOOR AND CEILING SHALL NOT EXCEED THE FLAME SPREAD CLASSIFICATIONS IN CBC TABLE 803.9.
CULTURE CANNABIS
CLUB OF CONCORD
GRAPHIC MATERIAL LEGEND
EARTH
SHOWN IN SECTION
CAST-IN-PLACE
CONCRETE
PLAN OR SECTION
BRICK PAVERS
PLAN OR SECTION
RIGID INSULATION OR
SAFING
PLAN OR SECTION
METAL - TYPE AS NOTED
PLAN OR SECTION
METAL - ROLLED SHAPE
PLAN OR SECTION
PLASTER ON METAL
LATH
SHOWN IN SECTION
GYPSUM BOARD
SHOWN IN SECTION
CONT. WOOD BLOCKING
SHOWN IN SECTION
FINISHED WOOD
SECTION OR ELEVATION
BATT INSULATION P
THERMAL OR
ACOUSTICAL AS NOTED
FINISHED WOOD
SECTION OR ELEVATION
--- OR ---
SPRAY FIREPROOFING
SHOWN IN SECTION
GLASS
SHOWN IN SECTION
CMU
SHOWN IN SECTION
DENSGLASS
SHOWN IN SECTION
SHEET INDEX
SHEET TITLE
CUP
ARCHITECTURAL
T1.0TITLE SHEET date prepared: 09-16-2022
A1.0SITE PLAN date prepared: 09-16-2022
A1.1CONTEXTUAL PLAN date prepared: 09-16-2022
A1.2EXISTING SITE PHOTOS date prepared: 09-16-2022 A1.3SITE PHOTOMETRIC PLAN date prepared: 09-16-2022 A2.0PROPOSED FLOOR PLAN date prepared: 09-16-2022
A3.0PROPOSED EXTERIOR ELEV.: date prep'd: 09-16-2022 A4.0PROPOSED ROOF PLAN: date prepared: 09-16-2022
------
OCCUPANCY GROUP
OCCUPANT LOAD (REFER TO A2.0 FOR DETAILED SQUARE FOOTAGE)
ROOM NAMEAREA (NET)OCCUPANT LOAD
RECEPTION: 439 SF/ 15 30 OCCUPANTS
RETAIL: 1,889 SF/ 60 32 OCCUPANTS
MANAGER OFFICE191 SF/ 60 04 OCCUPANTS
STORAGE:468 SF/ 300 02 OCCUPANT
VENDOR ROOM:141 SF/ 60 03 OCCUPANTS
SECURITY ROOM:106 SF/ 60 02 OCCUPANTS
CLASSROOM:228 SF/ 50 05 OCCUPANTS
SECURED DELIVERY ROOM: 331 SF/ 300 02 OCCUPANTS
BREAK ROOM:362 SF/60 07 OCCUPANTS
HALLWAY:381 SFACCESSORY USE
EXISTING RESTROOM: 53 SFACCESSORY USE
TOTAL 4,589 SF (NET) 87 OCCUPANTS
EXIT
REQUIRED: 2 EXITS
PROPOSED : 2 EXITS
PERMITTED EXIT ACCESS TRAVEL DISTANCE: 200 FT FOR MERCANTILE (TABLE 1017.2) PROPOSED EXIT ACCESS TRAVEL DISTANCE: 108 FEET
B.
PROJECT AREA (TENANT IMPROVEMENT): RETAIL: 4,971SF (GROSS SF) VALET: 3,291SF (GROSS)C.
1. PROPOSED OCCUPANCY GROUP: M OCCUPANCY
PLUMBING OCCUPANT LOAD FACTOR (TABLE A OF 2019 CPC CHAPTER 4) NUMBER OF FIXTURES REQUIRED:
(1) WC, (1) LAV.
NUMBER OF FIXTURES PROVIDED:
1 RESTROOM, GENDER NEUTRAL (2019 CPC SECTION 422.2 EXCEPTION 3) (1) WC, (1) LAV
5 - PLUMBING FIXTURE CALCULATION
- SIGNAGE
- MODIFICATION TO EXISTING FIRE ALARM
ADDRESS: 1440 CONCORD AVE, SUITE B
18.ODOR CONTROL SYSTEM TO BE ODOR-ARMOR 420 BY BENZACO SCIENTIFIC ENGINEERED ODOR MANAGEMENT OR APPROVED EQUAL.
19.ANY DELAYED EGRESS SHALL COMPLY WITH CFC 1010.1.9.7 AND 1010.1.9.9 AS APPLICABLE.
NUMBER OF STORIES: 1 STORY (EXIST.-HT. 20'-0", ALLOWED -140')D.
20.ADDRESS NUMBERS SHALL BE MIN. OF 12 INCHES
E. SITE ACREAGE: GROSS- 48,949 SF (1.093 ACRES) NET-
L.
VICINITY MAP
Seal
Project Number:
Plan Check Number:
Consultant
CULTURE CANNABIS
CLUB OF CONCORD
1440 CONCORD AVE. SUITE B
CONCORD, CA. 94520
3 PETERS CANYON RD.
SUITE 110 IRVINE, CA 92606
D
G
ESI N | ARCH I T EC
H EST I A A T E L I E R
HI DENORI
IWAGAMI
ISSUED FOR CUP12-12-2021
CUP REVISIONS03-07-2022
DATE PREPARED06-20-2022
CUP REVISIONS05-31-2022
CUP REVISIONS06-20-2022
CUP REVISIONS08-12-2022
CUP REVISIONS09-16-2022
F. ZONING: WMX (WEST CONCORD MIXED-USE)
G. GENERAL PLAN : WEST CONCORD MIXED-USE
H.
OCCUPANCY: MJ.
SETBACKS: FRONT: 10', REAR: 0', INTERIOR SIDE: 10', CORNER: 0'K.
APN: 126-020-108I.
EMAIL: [email protected]
COSTA MESA, CA 92626
555 ANTON BLVD., SUITE #150
ATTN: HIDE IWAGAMI
EMAIL: [email protected]
PHONE: (949) 230-6006
ATTN: CHRISTINA D'ANGELO
OWNER:
ALDERETTE TRESCONY, LLC
POINT RICHMOND CA 94801
116 NICHOLL AVENUE
PHONE: 510-703-2870
EMAIL: [email protected]
ATTN: EDITH ALDERETTE
NUMBER OF PARKING (CONCORD MUNICIPAL CODE) 1 SPACE / 250 GROSS FLOOR AREA
EXISTING BIG O TIRES (5,875 SF/250): 24 STALLS
PROPOSED CULTURE CANNABIS (4,971SF/250) 20 STALLS
EXISTING SUN VALLEY CARPETS (3,310 SF/250): 14 STALLS
46 STANDARD PARKING (COMMON W/ CENTER)
2 ACCESSIBLE STALLS
11 INDOOR VALET PARKING
TOTAL: 59 PARKING STALLS
PREVIOUSLY ISSUED PERMITS
- BCE220008: BATHROOM
- BP03001618: REROOFING
- BP00004218: REPLACEMENT OF EXISTING SIGNS
RECEIVED
MAR 18 2024
PLANNING
Attachment 3
TUR