Agenda packet — Concord City Council, June 4, 2024 (part 1 of 4)

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
June 4, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

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

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

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

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/81685245376?pwd=YDCU9zj245yahtKG4PKisSkbh2iVz A.RmoHT-ww-bzqXp0s or Zoom Webinar ID: 816 8524 5376 and Passcode: 119364 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

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

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

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

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

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – the following for the Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

1. Award of a Construction Contract in the amount $1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund);

2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $274,877.02 (base agreement of $249,888.20 plus staff authority to spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable 4 to the City Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund); and

3. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
b. Considering – approval of First Amendments to the Professional Services Agreements with 4LEAF, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association for Plan Check and Building Inspection Services, in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement; and authorizing the City Manager to execute the Amendments in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – approval of 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
d. 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). Recommended by the Director of Community Development.

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.

4. CITY COUNCIL CONSIDERATION ITEMS
5 The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – direction to staff on next steps implementing the Homeless Strategic Plan. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
b. Considering – the following:

1. Adoption of a Resolution Amending the Fiscal Years 2023-24 and 2024-25 Municipal Budget.

2. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective July 8, 2024, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.

3. Adoption of a Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2024-25, Pursuant to California Constitution Article XIII B.

4. Adoption of a Resolution Authorizing Allocations and Reallocations for American Rescue Plan Act (ARPA) Funded Projects and Authorizing the City Manager to make Administrative Adjustments to ARPA Funded Projects to Ensure All ARPA Funds are Fully Expended in Calendar Year 2024. Report by Donna Lee, Budget and Treasury Officer.

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

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

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

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/11/2024 6:30 PM
6 NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

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

From: Jason Pfister <[email protected]>
Sent: Monday, June 3, 2024 5:32 PM
To: City Clerk <[email protected]>
Subject: Constituent Comments: Homeless initiative and Citizen Police Academy

Dear City Council:

I am disappointed that the vote to utilize the five million in funding towards the homeless initiative fell short with just two votes. Please make this a priority and vote for it.

Also, please see if you can resume the Citizen Police Academy at Concord PD. I believe it's a rather good way for individuals to learn more about policing and thereby be informed on what officers go through on a daily basis.

-Jason Pfister

Written Public Comment
Agenda Item No. 2.a
June 4, 2024

2.a

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Staff Report
Date: June 4, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following for the Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument
Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

1. Award of a Construction Contract in the amount
$1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer
Replacement Project (Project Nos. 2623 and 2703);
authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to
10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City
Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund);

2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $274,877.02
(base agreement of $249,888.20 plus staff authority to
spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related
services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney

3.a3.a3.a3.a3.a3.a

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City Council Agenda Report
Agenda Item No. 3.a
June 4, 2024
(Measure J Local Funds, Capital Projects General Fund,
Sewer Operating Fund); and

3. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and
Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) and directing the City Clerk to file a Notice of Completion.

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

Report in Brief
The Pavement Maintenance – Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) (Project) will involve pavement maintenance and repairs, concrete repairs, curb ramp improvements, sewer pipe rehabilitation, and storm drain pipe rehabilitation in Maintenance Zone 3, Neighborhood N. The Project area is a residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest. All public roads within the residential neighborhood will receive pavement rehabilitation. See attached location map (Attachment 1). The Project will be completed in two phases. The first part of the Project will involve construction of curb ramps and concrete improvements, which was previously awarded at a City Council (Council) meeting. The second phase of the Project, considered in this report, will involve the sewer and storm drain replacement, and pavement rehabilitation.

The Project combined two projects into one for the purposes of bidding and has been designed and competitively bid and is at the point of construction contract award. If award is approved by Council, Project construction in the field is expected to begin in July 2024 and be completed by September 2024, weather permitting.

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

Recommended Action

1. Award a Construction Contract in the amount $1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor

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City Council Agenda Report
Agenda Item No. 3.a
June 4, 2024
to execute the contract in a form acceptable to the City Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund); and make the CEQA determinations as provided in this staff report;

2. Approve a Professional Services Agreement with Zoon Engineering in the not- to-exceed amount of $274,877.02 (base agreement of $249,888.20 plus staff authority to spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund); and make the CEQA determinations as provided in this staff report; and

3. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) and direct the City Clerk to file a Notice of Completion; and make the CEQA determinations as provided in this staff report.

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

On June 6, 2023, Council adopted the mid-cycle adjustments to the CIP Budget for FY 2023/2024, which included the initial funding for the Aspen Drive Sewer Replacement (Project No. 2703).

On September 13, 2023, the City presented the bicycle signage additions included in Pavement Maintenance – Zone 3N (Project No. 2623) to the City’s Bicycle and Pedestrian Advisory Committee (BPAC. BPAC was supportive of the design.

On October 11, 2023, after combining the two projects into one for the purposes of designing, bidding and constructing, staff held an in-person open house community meeting on the combined Project. The meeting informed the residents within the neighborhood about the proposed pavement treatments and bicycle signage additions.

Approximately 1,700 residential units were notified and approximately five residents attended the meeting. Residents were mostly concerned about the schedule and logistics during construction but did not have any issues with the proposed improvements.

City staff (Staff) has planned to complete the combined Project in two phases, concrete construction and sewer and pavement rehabilitation. This was done to allow specialized contractors to bid on the project, minimizing construction costs and helping to address residents’ concerns with schedule. This sewer and pavement construction contract award is what is before Council tonight. The construction management contract,

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City Council Agenda Report
Agenda Item No. 3.a
June 4, 2024
however, will cover both phases of the Project. The construction management contract is also before Council tonight in this report.

On May 14, 2024, Council awarded the concrete construction phase to Villalobos & Associates, Inc. The concrete construction is proposed to begin in June 2024 and be completed by July 2024, ahead of the pavement construction phase.

If awarded tonight, the sewer and pavement construction is anticipated to begin in July of 2024 and be complete in September 2024, weather permitting.

Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid is $1,489,500.55. Bids were opened on May 2, 2024, and two (2) bids were received. The basis of award for the Project is the Total Bid. The lowest bid was received from Radius Earthwork Inc. of Campbell, CA. A summary of the two (2) lowest bids is as follows:

BID SCHEDULE Engineer’s
Estimate
Radius
Earthwork Inc.

Carone and
Company Inc.

Bid Schedule A $1,181,261.30 $1,196,549.54 $1,533,853.00 Bid Schedule B $184,170.00 $149,300.48 $190,700.00
Bid Schedule C $124,069.25 $107,088.80 $64,390.00
Total Bid $1,489,500.55 $1,452,938.82 $1,788,943.00
Radius Earthwork Inc. was the lowest bidder and submitted a responsive and responsible bid. Radius Earthwork Inc. has an appropriate and valid contractor’s license and has previously completed a CIP project, Pavement Maintenance Zone 5J (Project No. 2526).

Staff completed analysis of Radius Earthwork Inc.’s bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement.

Radius Earthwork Inc. is registered with the Department of Industrial Relations as required by SB 854.

The City reserved the right to include any combination of the bid schedules to the project at its own discretion. Staff has determined there are sufficient funds to award the Total Bid.

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City Council Agenda Report
Agenda Item No. 3.a
June 4, 2024
Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on March 7, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Four (4) proposals were received, which were reviewed and ranked by Staff.

Based on the analysis of the proposals, interviews, and references, Zoon Engineering of Emeryville, CA (Zoon) was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Project. Staff and Zoon negotiated the scope of work and cost for the services and agreed upon a base amount of $249,888.20 as a fair and reasonable compensation for the services needed to complete the construction phase of the overall project. Staff has included a 10% contingency of $24,988.82, bringing the total potential contract amount to $274,877.02, should the full contingency be necessary. This total contract amount will cover both the Curb Ramps construction phase and Pavement construction phase of the overall Project.

Project Stabilization Agreement
On September 13, 2016, the City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2623 will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceed $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. Radius Earthwork Inc. and their subcontractors have submitted the required agreement to be bound forms for the Citywide Project Stabilization Agreement. Zoon and Ninyo & Moore, Zoon’s material testing sub-consultant, have both agreed to be bound to the Citywide Project Stabilization Agreement for material testing during construction.

Financial Impact
The current total budget for Pavement Maintenance - Zone 3N (Project No. 2623) is $1,980,000 and is funded by Measure J Local Funds (Fund 485) and Capital Projects General Fund (Fund 400). Additionally, the current total budget for Aspen Drive Sewer Replacement (Project No. 2703) is $650,000 and is funded by Sewer Operating Funds (Fund 710). There are sufficient funds to award the Pavement phase of the Pavement Maintenance - Zone 3N and Aspen Drive Sewer Replacement construction contracts.

There are also sufficient funds to award the construction management, inspection and materials testing services, Staff oversight, and an approximate construction contingency of 10 percent for the Pavement Maintenance – Zone 3N and Aspen Drive Sewer Replacement projects.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to

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City Council Agenda Report
Agenda Item No. 3.a
June 4, 2024
environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, underground utility, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

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

4. Construction Contract

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Attachment 1
Project Location Map
Pavement Maintenance – Zone 3N (Project No. 2623)
and Aspen Drive Sewer Replacement (Project No. 2703)

PROJECT

LOCATION

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City of Concord
Bid Sheet
PROJECT #2623 & 2703 Bid Opening:

Pavement Maintenance Zone 3N & Aspen
Drive Sewer Replacement
Thursday,
May 2, 2024
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $1,500,000 To be awarded:

COMPANY TOTAL BID
Radius Earthwork Inc.
197 E. Hamilton Ave., Ste. 204
Campbell, CA 95008
1,452,938.82
Carone & Company, Inc.
5009 Forni Dr., Suite A
Concord, CA 94520-1205
1,788.943.00
Contact: Justine Gee x3284
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 4, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Zoon Engineering, 3690 Adeline Street #3, Emeryville, CA 94608 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on June 4, 2024, and expire on June 30, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for construction management, inspection, and materials testing for Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project, Project Nos. 2623 and 2703 described in detail in Exhibit A, a proposal from Zoon Engineering dated April 16, 2024. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed two-hundred seventy-four thousand, eight-hundred seventy-seven dollars and two cents ($274,877.02) for the term of this Agreement. The total includes the sum of the base contract of two-hundred forty-nine thousand, eight-hundred eighty-eight dollars and twenty cents ($249,888.20) and a 10% contingency of twenty-four thousand, nine-hundred eighty-eight dollars and eighty-two cents ($24,988.82). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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

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

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

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

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

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

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

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

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prevailing at the time work is performed.

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

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

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

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies 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

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Agreement, unless required by law.

10. INDEMNIFICATION.

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

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

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee, or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

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

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

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

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

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

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partnership between the parties. CONSULTANT, its officers, employees, and agents shall not have any power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Email: [email protected]
To CONSULTANT: Nabil Hissen, PE, CEO
Zoon Engineering
3690 Adeline Street #3
Emeryville, CA94608
Phone: (925)451-1585
Email: [email protected]

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

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

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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By: ________________________________ By: ______________________________ Name: Nabil Hissen Name: Valerie J. Barone
Title: PE, CEO Title City Manager
Address: 3690 Adeline Street #3 Address: 1950 Parkside Drive Emeryville, CA 94608 Concord, CA 94519
Telephone: (925)451-1585 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

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

THE SUM OF $274,877.02.

Account Codes: 4859500C999-74250 / 4852623117-74250: $231,000.00 7109500C999-74250 / 7102703117-74250: $43,877.02
Finance Director's Signature Page 18 of 24
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees, or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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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.

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City of Concord
Request for Proposals For
Construction Management And Material Testing Services For Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project City Project No. 2623 2703
4/16/2024
Projected Labor Hours By Person
Name Title Task 1.

Pre Construction
Task 2.

Construction
Task 3.

Post Construction Total Hours Billing Rate TOTAL
Saeed Shahmirzai Principal-In-Charge/Resident
Engineer 0 120 20 140 229.68$ 32,155.20$ Brian MacRae Construction Manager 0 280 20 300 195.50$ 58,650.00$ Dana Hissen Office Engineer 0 280 20 300 158.81$ 47,643.00$ Mirza Baig Construction Inspector 20 560 20 600 152.40$ 91,440.00$ 20 1,240 80 1,340 Total Labor Costs: 229,888.20$
Materials Testing Allowance: 20,000.00$
TOTAL: 249,888.20$
Notes:

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

2. Estimate based on a 70 working day construction duration

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

4. Proposal assumes contract commencement of July 2024 and completion by or before December 2024

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

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

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CONTRACT
THIS CONTRACT, made and entered into this June 4, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Radius Earthwork Inc., 197 E Hamilton Ave, Suite 204, Campbell, CA 95008, hereinafter called "Contractor", for Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement, City Project No. 2623 and 2703.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, water pollution control, pavement rehabilitation, dig-out repairs, adjustment of utility covers and monuments, striping and pavement markings, sewer main replacement, and storm drain main replacement; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

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

2. The Contractor agrees to receive and accept $1,452,938.82 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions Attachment 4

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

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

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

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

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

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

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

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

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

Radius Earthwork Inc.
a California corporation
By:___________________________________
Contractor

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

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
400-9500-C999-74200 400-2623-115-74200 $1,282,938.82
710-9500-C999-74200 710-2703-115-74200 $170,000.00
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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Staff Report
Date: June 4, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Ryan Pursley, Chief Building Official
[email protected]
(925) 671-3173
Subject: Considering approval of First Amendments to the Professional Service Agreements with 4LEAF, West Coast Code
Consultants, TRB and Associates, and SHUMS Coda
Association for Plan Check and Building Inspection Services, in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement; and authorizing the City Manager to execute the Amendments in a form acceptable to the City Attorney.

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

Report in Brief
On June 14, 2022, the City Council (Council) approved four separate Agreements for Professional Services for Plan Check and Building Inspection Services (Agreements).

The related Staff Report and Agreements can be found here: June 14, 2022, City Council Meeting. In the staff report and Agreements, the payment limit was set not-to- exceed $500,000 for the entire 5-year term of the Agreements when it was intended to have been set at $500,000 per fiscal year. The agreements are not guarantees of work, but rather they establish a contract relationship with pre-qualified firms for specialized

3.b3.b3.b3.b3.b

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City Council Agenda Report
Agenda Item No. 3.b
June 4, 2024
work, to be accomplished as assigned by the City’s Chief Building Official, with a not-to- exceed amount per fiscal year.

The four proposed First Amendments to the Agreements (see Attachments 2-5) correctly identify and set the not to exceed limits to $500,000 per fiscal year.

Recommended Action
Approve First Amendments to the Professional Service Agreements with 4LEAF, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association for Plan Check and Building Inspection Services, in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement; and authorize the City Manager to execute the Amendments in a form acceptable to the City Attorney.

Background
The current fiscal year and next fiscal year each include $515,000 for the use of specialized consulting services for the Building Division. Retaining multiple consultants under contract concurrently provides the City of Concord (City) with flexibility to utilize different consultants based on their subject expertise and availability. One consulting firm may have inspectors available but not plan checkers, while another may have plan checkers and not inspectors. Some may have staff available to cover positions in the office, while others may only be available to perform remote work. Historically, the City has maintained contracts with multiple building consultants and utilized more than one at a time for these very reasons. This has been an effective practice to deliver the best possible service to our customers. Setting the not-to-exceed amount for each of the contracts near the annual budgeted amount for consultant services provides the Building Division with full flexibility to distribute workload between consultants, as needed under various circumstances. None of the contracts guarantee any amount of work for the firm, rather they allow the City to pre-qualify firms and establish a contractual relationship, so that each firm can proceed with work as needed by the City and assigned by the Chief Building Official.

Analysis
The current Agreements limit the total compensation to each consultant to $500,000 for the entire 5-year term of the Agreement. The intention was to allow the use of these firms either individually or in combination for up to $500,000 for each year of the contractual arrangements. Approving the First Amendments to their agreements will allow this to occur.

Financial Impact
None. The cost of these professional services is charged directly to building permit and inspection customers and fully reimbursed to the City. All allowable compensation associated with these Amendments is fully funded by revenue from Building Permit Plan Review and Inspection fees and is limited and controlled by the Council approved two year 2023-24/2024-25 budget.

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City Council Agenda Report
Agenda Item No. 3.b
June 4, 2024
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity/award of this contract for design professional services is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. First Amendment to Agreement (4LEAF)

2. First Amendment to Agreement (West Coast Code Consultants)

3. First Amendment to Agreement (TRB and Associates)

4. First Amendment to Agreement (Shums Coda Associates)

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

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This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, June 4, 2024, and amends the Professional Services Agreement, Agreement No. 5957, between the City of Concord (“CITY”) and 4LEAF, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5957, dated July 1, 2022 (the “Agreement”), wherein CONSULTANT agreed to provide as-needed plan review services.

WHEREAS, under Section 3 “PAYMENT”, the Agreement provides that the amount paid to the CONSULTANT would not exceed five hundred thousand dollars ($500,000) for the term of the Agreement.

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

WHEREAS, the City anticipates the need for services to require additional funds so the parties mutually desire to amend the Agreement to increase the compensation payable to CONSULTANT.

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

1. The first paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed five hundred thousand dollars ($500,000) per fiscal year. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

2. Except as expressly amended herein, all other terms and conditions of the Professional Attachment 1

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

Dated: __________________, 2024
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Kevin J. Duggan Name: Valerie J. Barone
Title: President Title: City Manager
Address: 2126 Rheem Drive Address: 1950 Parkside Drive
Pleasanton, CA 94588 Concord, CA 94519
Telephone: 925-462-5959 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
/ / /
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2022/23 through 2026/27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,000 EACH FISCAL YEAR. Account Code 10086001Z01-63800-500.

Finance Director's Signature

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

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This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, June 4, 2024, and amends the Professional Services Agreement, Agreement No. 5958, between the City of Concord (“CITY”) and West Coast Code Consultants, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5958, dated July 1, 2022 (the “Agreement”), wherein CONSULTANT agreed to provide as-needed plan review services.

WHEREAS, under Section 3 “PAYMENT”, the Agreement provides that the amount paid to the CONSULTANT would not exceed five hundred thousand dollars ($500,000) for the term of the Agreement.

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

WHEREAS, the City anticipates the need for services to require additional funds so the parties mutually desire to amend the Agreement to increase the compensation payable to CONSULTANT.

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

1. The first paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

2. Except as expressly amended herein, all other terms and conditions of the Professional Attachment 2

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

Dated: __________________, 2024
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Giyan Senaratne Name: Valerie J. Barone
Title: CEP/Principal Title: City Manager
Address: 5000 Executive Parkway, Suite 510 Address: 1950 Parkside Drive San Ramon, CA 94583 Concord, CA 94519
Telephone: 925-275-1700 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2022/23 through 2026/27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,000 EACH FISCAL YEAR. Account Code 10086001Z01-63800-500.

Finance Director's Signature

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

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This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, June 4, 2024, and amends the Professional Services Agreement, Agreement No. 5959, between the City of Concord (“CITY”) and TRB and Associates, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5959, dated July 1, 2022 (the “Agreement”), wherein CONSULTANT agreed to provide as-needed plan review services.

WHEREAS, under Section 3 “PAYMENT”, the Agreement provides that the amount paid to the CONSULTANT would not exceed five hundred thousand dollars ($500,000) for the term of the Agreement.

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

WHEREAS, the City anticipates the need for services to require additional funds so the parties mutually desire to amend the Agreement to increase the compensation payable to CONSULTANT.

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

1. The first paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

2. Except as expressly amended herein, all other terms and conditions of the Professional Attachment 3

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28 Services Agreement shall remain in full force and effect.

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

Dated: __________________, 2024
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Todd Bailey Name: Valerie J. Barone
Title: President and Client Liaison Title: City Manager Address: 3180 Crow Canyon Place, Suite 216 Address: 1950 Parkside Drive San Ramon, CA 94583 Concord, CA 94519
Telephone: 925-866-2633 Telephone: (925) 671-3150
Email: [email protected]
[email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2022/23 through 2026/27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,000 EACH FISCAL YEAR. Account Code 10086001Z01-63800-500.

Finance Director's Signature

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

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This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, June 4, 2024, and amends the Professional Services Agreement, Agreement No. 5960, between the City of Concord (“CITY”) and Shums Coda Associates, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5960, dated July 1, 2022 (the “Agreement”), wherein CONSULTANT agreed to provide as-needed plan review services.

WHEREAS, under Section 3 “PAYMENT”, the Agreement provides that the amount paid to the CONSULTANT would not exceed five hundred thousand dollars ($500,000) for the term of the Agreement.

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

WHEREAS, the City anticipates the need for services to require additional funds so the parties mutually desire to amend the Agreement to increase the compensation payable to CONSULTANT.

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

1. The first paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

2. Except as expressly amended herein, all other terms and conditions of the Professional Attachment 4

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28 Services Agreement shall remain in full force and effect.

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

Dated: __________________, 2024
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Christine Godinez Name: Valerie J. Barone
Title: COO Title: City Manager
Address: 5776 Stoneridge Mall Road, Suite 150 Address: 1950 Parkside Drive Pleasanton, CA 94588 Concord, CA 94519
Telephone: 925-463-0651 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2022/23 through 2026/27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,000 EACH FISCAL YEAR. Account Code 10086001Z01-63800-500.

Finance Director's Signature

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Prepared by: Andrea Moreira, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering approval of 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney.

CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).

Report in Brief
The Engineering Services Division (Engineering) within the Community Development Department (CDD) is responsible for the design and construction of projects identified in the Capital Improvement Program (CIP). In addition, both the Transportation Division of Public Works and the Planning Division of CDD, as well as the Current Development section of Engineering, are responsible for Development Review services. These respective divisions fulfill their responsibilities by relying on both internal staff and professional consultant resources.

The Master Services Agreement (MSA) process simplifies and accelerates the design delivery of small to medium-sized projects that require professional consultant support.

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City Council Agenda Report
Agenda Item No. 3.c
June 4, 2024
It does this by pre-qualifying and establishing contractual relationships with specialized firms, prior to work being needed, allowing them to perform work associated with specific projects defined by a future Task Order (TO).

It is estimated that the use of MSAs will save the City of Concord (City) over $100,000 this year alone in the staff time that would otherwise be spent requesting and evaluating multiple proposals and issuing and processing contracts for each small project or need.

The MSA process has been used successfully for many years within the City.

With the City Council’s (Council) approval and the City Manager’s execution of the MSAs, the City Engineer will be authorized to issue TOs up to $200,000. TOs greater than $200,000 will be brought to Council for consideration. The proposed MSAs would all expire on June 30, 2026, with the option for a mutually agreed upon one-year extension.

Funding for each TO must be identified and available prior to issuance and each TO, regardless of amount. Additionally, each TO requires review and approval by the City Attorney and the Finance Director for conformance with the City’s regulations and existing Agreements. Under the proposed MSAs, the total not-to-exceed cost of services is$1,000,000 per fiscal year per consultant firm. However, an MSA does not commit the City to any expenditure of funds nor guarantee any amount of work to the contracted company; rather, as stated above, expenditures are made through the issuance of TOs on a project-by-project basis to a pre-qualified firm.

Recommended Action
Approve 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department (Attachment 2); and authorize the City Manager to execute the Agreements in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
Through the adopted CIP, and Capital Budget which funds and authorizes the implementation of individual projects, the Council allocates funds for improvement projects. Engineering is responsible for managing the design and construction of those capital improvement projects. In addition, Transportation and Planning, as well as Current Development, are responsible for Development Review services. These respective divisions fulfill their responsibilities by relying on both internal staff and professional consultant resources.

The MSA process supplements the traditional Request for Proposal (RFP) process, which will continue to be used for both large and special projects. The MSA process is a more efficient means to authorize work for smaller expenditures, while there are still many projects in the CIP that will require the use of the traditional RFP process.

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City Council Agenda Report
Agenda Item No. 3.c
June 4, 2024
The purpose of the MSA process is to simplify and accelerate the delivery of small to medium-sized projects by authorizing staff to issue project-specific TOs to pre-selected consultants. The use of these consultant firms is needed by the City as they provide specialized expertise and/or professional experience that is needed for certain projects but is not within the skill set or workload capacity of City staff (Staff). The MSA process accelerates project schedules by at least six weeks, which is the time it would take to bring a professional services contract to Council for approval.

Council’s approval of the MSAs authorizes Staff to assign projects to selected consultants under the Agreements and authorizes Staff to issue TOs for each project, within the limits set in the MSAs. For each project, Staff will select a consultant based on their qualifications, availability, and the specific needs of the project. Staff and the consultant negotiate a contract including the proposed scope of work, schedule, and compensation. The contract will be executed through a TO and after approval of the TO by the City, the consultant will proceed with the requested work.

Under the proposed MSAs, the City Engineer is authorized to approve up to $200,000 for an individual TO. TOs with compensation of more than $200,000 will continue to be considered by Council. The proposed MSAs will all expire on June 30, 2026, with the option for a one-year extension upon mutual agreement. Each TO requires review and approval by the City Attorney and the Finance Director for conformance with City Policy and existing agreements. Under the MSAs, the total not-to-exceed cost of services is $1,000,000 per fiscal year per consultant firm. It is clear to all of the proposed firms that entering into an MSA is not a guarantee of future work with the City.

A notice for a Request for Qualification (RFQ) was advertised in the Contra Costa Times on July 26, July 28, August 2, and August 8, 2023. The RFQ was published on Public Purchase on July 25, 2023, and responses were requested by September 14, 2023. A notice for RFQ was re-advertised in the Contra Costa Times on January 25 and February 4, 2024, for four disciplines (Mechanical Design Services, Right-of-Way Services, Interior Design Services, and Pavement Management Inspection) due to a low number of applicants in these disciplines. The RFQ for those disciplines was published on Public Purchase on January 25, 2024, and responses were requested by February 29, 2024.

Staff received one hundred and twenty-one (121) Statements of Qualifications (SOQs).

The firms were separated into eighteen (18) disciplines (or areas of expertise) for evaluation: CCTV Pipeline Services, Architecture Design Services, Civil Design Services, Electrical Design Services, Interior Design Services, Landscaping Design Services, Mechanical Design Services, Structural Design Services, Traffic Design Services, Development Plan Review, Environmental Services, Geotechnical Services, Materials Testing Services, Pavement Management Inspection, Project Coordination/Construction Management, Right of Way Services, Survey Services, and Utility Location Services. Fifteen (15) evaluators, including staff from Community

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City Council Agenda Report
Agenda Item No. 3.c
June 4, 2024
Development and Public Works (Transportation, Parks, and Recreation divisions) reviewed the SOQs based on discipline. The committee selected the firms best suited and most qualified to provide services for the City’s projects and anticipated needs.

Analysis
The recipients of an MSA fully understand that such an agreement is not a guarantee of work. This selection process and award of an Agreement provides a pool of pre- qualified and pre-contracted “go-to” firms when specialty work is required on projects, which allows Staff to expedite the contracting process. Multiple firms are chosen in each discipline to allow Staff the ability to select a firm based on schedule and/or availability depending on project needs and qualifications.

The proposed MSAs with twenty-seven consultants (Attachment 2) include consulting firms selected to provide professional and specialized services. Staff reviewed each firm’s past experience, performance, and availability in considering the best choices, to provide the needed services for projects slated for implementation in FY 2024-25 through FY 2025-26. The name of each firm is listed in Attachment 1 with the fields they have been “pre-qualified” shown on the side, and if the firm is new to the MSA process (NEW) is listed in bold.

The disciplines for the MSAs proposed for award in this report are firms that have qualified for Design Services for Civil Engineering and Project Coordination/ Construction Management Services. With the passage of Measure V, the City has undertaken an increased amount of roadway, sewer, fiber, traffic signal, and facilities construction. Costs for design engineering and construction management are generally larger therefore the total not-to-exceed cost of $1,000,000 ensures that there are adequate qualified consultants available under the MSAs for the upcoming CIP projects.

If consultant firms have submitted qualifications for multiple disciplines and have been deemed qualified by Staff, those additional disciplines will also be included under their MSA.

The MSAs for consultants that only focus on disciplines such as CCTV Pipeline Services, Architecture Design Services, Electrical Design Services, Interior Design Services, Landscaping Design Services, Mechanical Design Services, Structural Design Services, Traffic Design Services, Development Plan Review, Environmental Services, Geotechnical Services, Materials Testing Services, Pavement Management Inspection, Right of Way Services, Survey Services, and Utility Location Services, will be brought to the council at a later date with a reduced not-to-exceed limit.

Financial Impact
Funding for the CIP projects, including all project consultant costs, is included in the adopted Two-Year Capital Budget. It is estimated that the use of MSAs will save the City over $100,000 this year alone in Staff time.

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City Council Agenda Report
Agenda Item No. 3.c
June 4, 2024
Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of Public Resources Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378), do not commit the City to a definite course of action, and do not constitute discretionary approval of a specific project; if this was determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption outlined in CEQA Guidelines Section 15061(b)(3).

This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. List of Awarded Firms

2. Master Services Agreements

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Attachment 1
List of Awarded Firms
Firm
Discipline
Avila Project Management
Development Plan Review Services
Project Coordination / Construction Management Services AZAD Engineering PC
Project Coordination / Construction Management Services Bellecci
Design Services Civil
Survey Services
BKF Engineers
Design Services Civil
Pavement Management Inspection Services (NEW)
Survey Services
Cole Management & Engineering, Inc.

Project Coordination / Construction Management Services Dewberry
Project Coordination / Construction Management Services Diablo Engineering Group
Design Services Civil
dk Engineering
Design Services Civil
Development Plan Review Services
Survey Services
Freyer Laureta
Design Services Civil
Gannett Fleming
Project Coordination / Construction Management Services Geosyntec Consultants
Design Services Civil
Development Plan Review Services
Environmental Services
Geotechnical Services
Ghirardelli Associates, Inc.

Development Plan Review Services
Project Coordination / Construction Management Services Harris & Associates
Design Services Civil
Harrison Engineering, Inc.

Project Coordination / Construction Management Services LCC Engineering & Surveying, Inc.

Design Services Civil
Survey Services Page 6 of 424
List of Awarded Firms
Firm
Discipline
Macks Craig Inc., dba mack5
Project Coordination / Construction Management Services MNS Engineers, Inc.

Project Coordination / Construction Management Services Survey Services
Nichols Consulting Engineers
Design Services Civil
Environmental Services
Design Services Landscaping
Pavement Management Inspection Services (NEW)
REY Engineers, Inc.

Design Services Civil
Development Plan Review Services
Right of Way Services
Survey Services
Ruggeri-Jensen-Azar
Design Services Civil
Development Plan Review Services
Survey Services
Sandis Civil Engineers Surveyors and Planners
Design Services Civil
Survey Services
Design Services Traffic
Utility Location Services (NEW)
Schaaf & Wheeler Consulting Civil Engineers
Design Services Civil
Swinerton Management and Consulting
Project Coordination / Construction Management Services The Bridge Group, LLC.

Interior Design Services (NEW)
Project Coordination / Construction Management Services UNICO Engineering
Project Coordination / Construction Management Services Survey Services
Willdan
Design Services Civil
Development Plan Review Services
Design Services Landscaping
Design Services Traffic
Wilsey Ham
Design Services Civil
Development Plan Review Services
Project Coordination / Construction Management Services Survey Services

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ATTACHMENT 2

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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 Avila Project Management (hereinafter “CONSULTANT”), whose address is 5248 S. Montecito Drive, Concord, Ca, 94521.

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:
• Development Plan Review
• 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 Gerardo Avila, Principal Project Manager.

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 Gerardo Avila, Principal Project Manager Avila Project Management
5248 S. Montecito Drive
Concord, Ca 94521
Phone: 925-890-9796
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.

Avila Project Management 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: Gerardo Avila Name: Valerie Barone
Title: Principal Project Manager Title: City Manager
Address: 5248 S. Montecito Drive Address: 1950 Parkside Drive, MS 01 Concord, Ca 94521 Concord, CA 94519
Telephone: 925-890-9796 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.

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:

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.

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Dev Plan Review

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PJ Coord

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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 AZAD Engineering PC (hereinafter “CONSULTANT”), whose address is 649 Mission Street, 5th Floor, San Francisco, Ca, 94105.

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

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.

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CONSULTANT authorized representative shall be Masha Azad, President.

3. COMPENSATION.

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.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

6. STANDARD OF PERFORMANCE.

7. INSURANCE REQUIRED.

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8. SUSPENSION OF WORK.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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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.

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13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

17. INTEGRATION.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

19. FINANCIAL RECORDS.

20. NOTICES.

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 Masha Azad, President
AZAD Engineering PC
649 Mission Street, 5th Floor
San Francisco, Ca 94105
Phone: 415-606-3802
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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AZAD Engineering PC 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: Masha Azad Name: Valerie Barone
Title: President Title: City Manager
Address: 649 Mission Street, 5th Floor Address: 1950 Parkside Drive, MS 01 San Francisco, Ca 94105 Concord, CA 94519
Telephone: 415-606-3802 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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:

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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 Bellecci (hereinafter “CONSULTANT”), whose address is 2290 Diamond Blvd, Suite 100 , Concord, Ca, 94520.

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

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
• 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.

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CONSULTANT authorized representative shall be Alex Fong, Principal, Survey Manager, .

3. COMPENSATION.

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.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

6. STANDARD OF PERFORMANCE.

7. INSURANCE REQUIRED.

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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.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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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.

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13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

17. INTEGRATION.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

19. FINANCIAL RECORDS.

20. NOTICES.

To CITY
To CONSULTANT
Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519
Phone: 925-671-3182
Email: [email protected]
Alex Fong, Principal, Survey Manager
2290 Diamond Blvd, Suite 100
Concord, Ca 94520
Phone: 925-685-4569
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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Bellecci 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: Valerie Barone
Title: City Manager
Address: 1950 Parkside Drive, MS 01
Concord, CA 94519
Name: Alex Fong
Title: Branding & Imaging
Address: 2290 Diamond Blvd, Suite 100
Concord, Ca 94520
Telephone: 925-685-4569 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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Design Serv Civil

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Engineering Services Hourly Billing Rate
Engineering Intern $90
Assistant Engineer I $140
Assistant Engineer II $150
Engineer I $164
Engineer II $174
Engineer III $190
Professional Engineer I $204
Professional Engineer II $210
Professional Engineer III $220
Principal Engineer I $240
Principal Engineer II $270
Land Surveying Services
Safety Monitor/Flag Person $118
Survey Technician I $124
Survey Technician II $150
Survey Technician III (LSIT) $174
Professional Land Surveyor $220
Survey, Chief of Party $174
Survey, Journeyman Rodman $110
Survey, Apprentice I $72
Survey, Apprentice II $84
Survey, Apprentice III $96
Survey, Apprentice IV $108
Drone Photography/Videography $175
Graphic Artist $134
Time & Materials Rate Sheet: Effective Through December 31, 2024 Construction Services Hourly Billing Rate
Resident Engineer $188
Senior Public Works Inspector $174
Public Works Inspector $154
Public Works Inspector Assistant $128
Construction Manager $220
Project Coordinator $124
Administrative $106
Legal & Expert Services
Document Review and Case Meetings $350
Depositions and Trial Testimony $425
Client authorized overtime work will be charged at 135% of the standard hourly rates.

Reimbursable expenses shall include, but are not limited to the following:

In House Printing Bond: $0.25/sf • Mylar: $5/sf
Large Format Color Presentation $2.50/sf
Color Copies: 8.5 x 11” • 11 x 17” $1.00/ea • $1.90/ea
Other Direct Project Expenses cost + 10%
Subcontractors cost + 10%
Outside Printing & Delivery Service cost + 10%
For 2025, a 4% increase from 2023/2024 rates will be applied.

For 2026, a 4% increase from 2025 rates will be applied.

Survey Services

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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 BKF Engineers (hereinafter “CONSULTANT”), whose address is 5330 Pirrone Road, Suite 100, Salida, Ca, 95368.

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

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
• Pavement Inspection 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.

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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 Daniel Schaefer, Principal / Vice President.

3. COMPENSATION.

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.

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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.

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.

6. STANDARD OF PERFORMANCE.

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.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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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.

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.

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shall have responsibility for and control over the means of providing services under this AGREEMENT.

13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

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.

19. FINANCIAL RECORDS.

20. NOTICES.

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 Daniel Schaefer, Principal / Vice President BKF Engineers

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5330 Pirrone Road, Suite 100
Salida, Ca 95368
Phone: 925-940-2226
Email: [email protected]

21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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BKF 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: Daniel Schaefer Name: Valerie Barone
Title: Principal / Vice President Title: City Manager
Address: 5330 Pirrone Road, Suite 100 Address: 1950 Parkside Drive, MS 01 Salida, Ca 95368 Concord, CA 94519
Telephone: 925-940-2226 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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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 Cole Management & Engineering, Inc. (hereinafter “CONSULTANT”), whose address is 2001 Salvio Street, Suite 8, Concord, Ca, 94520.

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

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.

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CONSULTANT authorized representative shall be Christopher Cole, President / CEO.

3. COMPENSATION.

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.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

6. STANDARD OF PERFORMANCE.

7. INSURANCE REQUIRED.

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8. SUSPENSION OF WORK.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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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.

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13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

17. INTEGRATION.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

19. FINANCIAL RECORDS.

20. NOTICES.

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 Christopher Cole, President / CEO
Cole Management & Engineering, Inc.
2001 Salvio Street, Suite 8
Concord, Ca 94520
Phone: 925-788-6688
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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Cole Management & Engineering, 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: Christopher Cole Name: Valerie Barone
Title: President / CEO Title: City Manager
Address: 2001 Salvio Street, Suite 8 Address: 1950 Parkside Drive, MS 01 Concord, Ca 94520 Concord, CA 94519
Telephone: 925-788-6688 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:

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

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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 Dewberry Engineers, Inc. (hereinafter “CONSULTANT”), whose address is 11060 White Rock Road, Suite 200, Rancho Cordova, Ca, 95670.

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

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.

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CONSULTANT authorized representative shall be Howard Zabell, Vice President.

3. COMPENSATION.

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.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

6. STANDARD OF PERFORMANCE.

7. INSURANCE REQUIRED.

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8. SUSPENSION OF WORK.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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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.

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13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

17. INTEGRATION.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

19. FINANCIAL RECORDS.

20. NOTICES.

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 Howard Zabell, Vice President
Dewberry Engineers, Inc.
11060 White Rock Road, Suite 200
Rancho Cordova, Ca 95670
Phone: 916-919-1927
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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Dewberry 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: Howard Zabell Name: Valerie Barone
Title: Vice President Title: City Manager
Address: 11060 White Rock Road, Suite 200 Address: 1950 Parkside Drive, MS 01 Rancho Cordova, Ca 95670 Concord, CA 94519
Telephone: 916-919-1927 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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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 Diablo Engineering Group (hereinafter “CONSULTANT”), whose address is 1990 N California Blvd, Suite 800, Walnut Creek, Ca, 94596.

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

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.

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CONSULTANT authorized representative shall be Jennifer Harmon, President / CEO.

3. COMPENSATION.

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.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

6. STANDARD OF PERFORMANCE.

7. INSURANCE REQUIRED.

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8. SUSPENSION OF WORK.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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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.

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13. COMPLIANCE WITH LAWS.

14. CHOICE OF LAW.

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.

16. ENFORCEABILITY; INTERPRETATION.

17. INTEGRATION.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

19. FINANCIAL RECORDS.

20. NOTICES.

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 Jennifer Harmon, President / CEO
Diablo Engineering Group
1990 N California Blvd, Suite 800
Walnut Creek, Ca 94596
Phone: 925-348-4509
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[Signatures follow on next page]

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Diablo Engineering Group 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: Jennifer Harmon Name: Valerie Barone
Title: President / CEO Title: City Manager
Address: 1990 N California Blvd, Suite 800 Address: 1950 Parkside Drive, MS 01 Walnut Creek, Ca 94596 Concord, CA 94519
Telephone: 925-348-4509 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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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 dk Engineering (hereinafter “CONSULTANT”), whose address is 1931 San Miguel Drive, Suite 100, Walnut Creek, Ca, 94596.

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

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.

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CONSULTANT authorized representative shall be Andrew D. Palffy, President.

3. COMPENSATION.

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.

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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.

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.

6. STANDARD OF PERFORMANCE.

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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8. SUSPENSION OF WORK.

9. TERMINATION.

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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Concord City CouncilJune 4, 2024

Concord City Council
June 4, 2024