Agenda packet, regular meeting — Concord City Council, June 11, 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

PLANNING COMMISSION
Aeysha Corio, Chair
Ray Barbour, Vice Chair
Ajit Kaushal
Jason Laub
Craig Mizutani
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Concord-Pleasant Hill
Health Care District/Joint
Meeting of the Concord
City Council and Planning
Commission
Tuesday,
June 11, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
www.cityofconcord.org
*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.

Spanish interpretation is available in the Council Chamber during the meeting. 2 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. 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/84489193681?pwd=Sd5L9sFcuPZ_SeNXBS9R9azaUoz 0rg.--Y4-3DXz7TiOPAW or Zoom Webinar ID: 844 8919 3681 and Passcode: 636203 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. 3 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

OPEN SESSION

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

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

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

3. CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/CPHHCD’s consideration of the Consent Calendar.

Adoption of the Consent Calendar may be made by one motion of the City Council/CPHHCD, 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.

CITY COUNCIL CONSENT CALENDAR
a. Considering – reappointment of Tommy Smith as Concord's Representative to the Contra Costa County Library Commission for a four-year term ending June 30, 2028. Recommended by the Mayor.
b. Considering – adoption of a Resolution approving the Final Map for Subdivision 9585, 1200 Detroit Avenue (Assessor’s Parcel Number 126-210- 048); and accepting, subject to improvement, right-of-way improvements and 864 square feet of right-of-way offered for dedication along Detroit Avenue.

Recommended by the Director of Community Development.
4 CEQA: Exempt pursuant to CEQA Guidelines Sections 15268(a), (b)(3). c. Considering – approval of 31 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/exempt pursuant to CEQA Guidelines 15060(c)(2), 15273, and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
d. Considering – approval of a Professional Services Agreement with Sedgwick Claims Management Services, Inc., in the not-to-exceed amount of $30,000 to update the City of Concord’s Injury and Illness Prevention Program and Safety Manual, and to provide training about the updated Injury and Illness Prevention Program and Safety Manual to City of Concord employes; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Internal Services Funds) Recommended by the Director of Human Resources.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15601(b), 15273, and/or 15378.
e. Considering –

1. Making findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Ghilotti Bros. Inc.’s bid, and relieving Ghilotti Bros. Inc. of their bid;

2. Award of a construction contract in the amount of $6,180,079 to Ghilotti Construction Company Inc. for the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project No. 2559); 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; and making the CEQA determinations as provided in this staff report;

3. Appropriating $140,000 to the project from the Cal Recycle Rubber Grant;

4. Approval of budget transfers in the total amount of $800,000 to Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559); including $90,000 from Oak Grove Pavement Rehab Phase 2 Project (Fund 266, State Gas Tax SB1 - PJ 2423); $160,000 from Pavement Maintenance Zone 3 (Fund 266, State Gas Tax SB1 - PJ 2443); and $550,000 from Pavement Holding Account (Fund 475, Measure J Local - PJ 2157); and 5 5. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 2) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
f. Considering – accepting and appropriating $830,000 of funds from a One Bay Area Grant (OBAG 3) and $2,835,000 of funds from an Active Transportation Program (ATP) Cycle 6 Grant from Metropolitan Transportation Commission (MTC) for the Willow Pass Road Cycle Track, Project No. 2572. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15273, 15378, and/or 15061(b). g. Considering – approval of the Second Amendment to the Professional Services Agreement, Agreement No. 3328, for financial, accounting, and administrative services with Robert Half International, Inc. in the amount of $40,000 for a not-to-exceed amount of $120,000 for the term of this agreement, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Finance.

CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR h. Considering – adoption of a Resolution authorizing the Executive Director to disburse funds and execute all attendant documents and agreements for Fiscal Year 2024/25 funding on behalf of the Concord/Pleasant Hill Health Care District (subject to District Counsel approval of contracts), appropriating $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and accepting and appropriating $25,000 from John Muir Health for administration of the Program and disbursing $210,000 from the Concord/Pleasant Hill Health Care District for one time grant award for FY 2024/25. Recommended by the Director of Community Development.

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

4. CITY COUNCIL/PLANNING COMMISSION CONSIDERATION ITEM
The public is entitled to address the City Council/Planning Commission on items appearing on the agenda before or during the City Council’s/Planning Commission’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above. 6 a. Considering – the following:

1. Preliminary results on the first phase of analysis and community engagement for the Affirmatively Furthering Fair Housing (AFFH) Rezoning Project that implements Program 8.6 of the 2023-2031 Housing Element; and

2. Providing feedback and input on the site selection criteria and methodology and community engagement process to be incorporated into rezoning alternatives. Report by Ben Ulrey, Assistant Planner.

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.

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
a. Announcing – the Mayor’s appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise on the competitive grant process to implement the six Homeless Strategic Plan strategies; the ad-hoc will exist until final committee recommendations are made to the full Council or until June 11, 2025, whichever is sooner.

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/25/2024 6:30 p.m.

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

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily 7 accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Staff Report
Date: June 11, 2024
To: City Council
From: Edi E. Birsan, Mayor
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering reappointment of Tommy Smith as Concord's Representative to the Contra Costa County Library
Commission for a four-year term ending June 30, 2028.

Report in Brief
Consideration of reappointment of Tommy Smith as Concord’s Representative to the Contra Costa County Library Commission for a four-year term ending June 30, 2028.

Recommended Action
Reappoint Tommy Smith as Concord’s Representative to the Contra Costa County Library Commission for a four-year term ending June 30, 2028.

Background
In June 2017, Tommy Smith was appointed to serve a two-year term as the City’s representative to the Contra Costa County Library Commission. In 2018, the Commission revised its bylaws and incorporated the Board of Supervisors requirement that their board and commission members serve four-year terms. In order to stagger the terms, the Clerk of the Boards office created Transition Terms of less than four years.

The City of Concord’s transition term ended June 30, 2020. Mr. Smith was reappointed in 2019 to continue serving for the remainder of the transition term, followed by a full four-year term that expires June 30, 2024. Mr. Smith is currently serving as Vice Chair of the Commission.

Policy and Procedure No. 2, Section 4.53(a) allows the Mayor to propose appointments to regional bodies, subject to confirmation by a majority of the City Council. Mr. Smith is

3.a

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City Council Agenda Report
Agenda Item No. 3.a
June 11, 2024
in good standing as the City’s representative on the Contra Costa County Library Commission and wishes to continue to serve.

The Contra Costa County Library Commission serves in an advisory capacity to the Board of Supervisors and the County Librarian. As a member of the commission, appointed residents provide a community link to the County Library and are encouraged to express views regarding the goals and operations of the County Library for the betterment of the library system.

Public Contact
The City Council Agenda was posted.

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Staff Report
Date: June 11, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, Senior Engineer
Prepared by: Mitra Abkenari, Associate Engineer
[email protected]
(925) 671-3439
Subject: Considering adoption of a Resolution approving the Final Map for Subdivision 9585, 1200 Detroit Avenue (Assessor’s Parcel Number 126-210-048); and accepting, subject to improvement, right-of-way improvements and 864 square feet of right-of-way offered for dedication along Detroit Avenue.

CEQA: Exempt pursuant to CEQA Guidelines Sections
15268(a), (b)(3).

Report in Brief
The 1200 Detroit Avenue Subdivision project proposes to construct 17 townhomes on a

0.74-acre site located at 1200 Detroit Avenue, of which approximately 0.12 acres will be used for private drainage easements, open space, and bioretention area. The applicant for the project, Discovery Builders, Inc. has prepared a Final Subdivision Map and Subdivision Improvement Plans that substantially conform to the Vesting Tentative Subdivision Map titled “Villas at Walters Way.” The applicant requests City Council (Council) approval of the Final Map before completing all public improvements required by the conditions of approval of the vesting tentative map and wishes to enter into an agreement for the completion of the improvements within two (2) years.

Recommended Action
Adopt a Resolution approving the Final Map for Subdivision 9585, 1200 Detroit Ave (Assessor’s Parcel No. 126-210-048); and accept, subject to improvement, right-of-way

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City Council Agenda Report
Agenda Item No. 3.b
June 11, 2024
improvements and 864 square feet of right-of-way offered for dedication along Detroit Avenue, and make the CEQA determinations as provided in this staff report.

Background
On April 11, 2022, an application for a Vesting Tentative Map, Planned Development, Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with seventeen townhomes on a 0.74-acre site was approved by the Planning Commission. The Planning Commission approved with conditions and findings the Vesting Tentative Map, Design Review, and Tree Removal (PL21143 – TM, UP, DR, RT).

Analysis
Pursuant to Government Code Section 66474.1, the City may not deny approval of a Final Map if the City finds that the Final Map is in substantial compliance with a Vesting Tentative Map that had been previously approved by the City. Formal approval of the Final Map is considered a “ministerial act” and Council has no discretion to disapprove the Final Map in the absence of fraud, if the Final Map is deemed to be in substantial compliance with the Vesting Tentative Map.

The City Engineer certifies that the Final Map is in substantial compliance with all applicable provisions of the Vesting Tentative Map, as amended, titled “Villas at Walters Way” approved by the Planning Commission on April 11, 2022, complies with the applicable provisions of the Subdivision Map Act and City Municipal Code, and that the Final Map is technically correct.

The Final Map includes offers of dedication for public street purposes (864 square feet of area along the Detroit Avenue). The common improvements, including the private street, private sanitary sewer, private storm drain, common areas, stormwater treatment systems and landscaping will be maintained by the Homeowners Association as outlined in the Covenant, Conditions and Restrictions (CC&R) for the subdivision and the maintenance agreements (“Stormwater Maintenance Agreement” and “Property Maintenance Agreement”).

Discovery Builders, Inc requests approval of the Final Map before completing the public and other improvements required to serve the subdivision, and as outlined in the conditions of approval of the vesting tentative map. In addition, the applicant wishes to enter into an agreement for the completion of the public and other improvements within two years (“Subdivision Improvement Agreement”) and to provide security for the performance of its obligations (“Performance Security”). Pursuant to Municipal Code Section 17.20.100, before the City may approve a final map, the subdivider shall enter into an agreement with the City assuring the completion of the subdivision within the specified time. The agreement shall be approved by the City Engineer, in a form approved by the City Attorney.

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City Council Agenda Report
Agenda Item No. 3.b
June 11, 2024
The conditions of approval require that the applicant enter into an agreement with the City prior to recording the Final Map to facilitate the offering of two (2) units to moderate income homebuyers or one (1) unit to low-income homebuyers and pay the required inclusionary housing in lieu fee for any resulting fractional unit under ½ unit consistent with the City’s Inclusionary Housing Ordinance (“Affordable Housing Agreement”). The conditions of approval require the subdivider to enter into an agreement for the maintenance of commonly owned exterior and underground improvements (“Property Maintenance Agreement”). The conditions of approval also require the subdivider to install permanent features that regulate the outflow and prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance, and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”). Once executed by the Applicant and City Manager, in a form approved by the City Attorney, these agreements shall be recorded against the subject project.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15268(a), ministerial projects are exempt from CEQA. Pursuant to CEQA Guidelines Sections 15268(b)(3), approval of a final subdivision map is a ministerial action. Therefore, Council action on this item exempt from CEQA review. 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.

Financial Impact
The subdivider has paid the fees and charges required for the improvement plan reviews and inspections. The water system improvements constructed to serve the project will be owned and maintained by the Contra Costa Water District. The City will accept the street improvements constructed within the public right-of-way on Detroit Avenue and Walters Way, upon completion of the subdivision improvements. The private sewer, private storm drain, and other utilities within the private road, as well as utility connections serving the subdivision within the public right of way, will be maintained by the Homeowners’ Association (HOA).

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution

2. Vicinity Map

3. Final Subdivision Map

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Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Final Map for
Subdivision 9585, 1200 Detroit Avenue (Assessor's
Parcel Number 126-210-048) and Accept, Subject to
Improvement, Right-of-Way Improvements and 864
Square Feet of Right-of-Way Offered for Dedication
Along Detroit Avenue
Resolution No. 24-XX
/
WHEREAS, on April 11, 2022, the City of Concord Planning Commission approved with conditions and findings the 1200 Detroit Avenue Subdivision Vesting Tentative Map, Design Review, and Tree Removal (PL21143 – TM, UP, DR, RT); and
WHEREAS, the subdivision proposes to subdivide Assessor’s Parcel Number 126-210-048 into 19 lots, for the purpose of constructing 17 townhomes; and WHEREAS, on March 14, 2024, the Street names went before the City Council for approval for 1200 Detroit Avenue Subdivision (No. 9585); and
WHEREAS, the City Engineer has certified that the Final Map conforms to the approved Vesting Tentative Map, and that it is technically correct; and WHEREAS, the developer has complied with all applicable conditions of approval established by the Planning Commission for this Subdivision prior to Final Map approval; and WHEREAS, the conditions of approval require the developer to install permanent features that prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”), establish a homeowners association (“HOA”), record certain covenants, conditions and restrictions against the subdivision (“CC&Rs”), enter into an agreement to facilitate affordable housing (“Affordable Housing Agreement”), and enter into an agreement for the maintenance of private improvements (“Property Maintenance Agreement”) including the private street, private sewer, storm drain outside of the public right of way and within private storm drain easements, street lights, and other private improvements pursuant to CMC Section 18.160 “streets”; Attachment 1

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Res. No. 24-XX 2
and
WHEREAS, the developer has requested approval of the Final Map before completing the required improvements and wishes to enter into an agreement for the completion of those required improvements within two (2) years (“Subdivision Improvement Agreement”) and provide security for the performance of its obligations (“Performance Security”); and WHEREAS, the developer has offered for dedication to the City a 864 square feet right of way dedication along Detroit Avenue on the Final Map, signed the Subdivision Improvement Agreement, posted the Performance Security, signed the Property Maintenance Agreement, paid the applicable fees, and is in the process of establishing the HOA and finalizing the CC&Rs and Stormwater Maintenance Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Approves the Final Map of Subdivision 9585 and directs the City Clerk, Planning Manager, and City Engineer to sign the Final Map on behalf of the City and authorizes recordation of the Final Map.

Section 2. Accepts, subject to improvements, on behalf of the public, an 864 square feet right of way dedication and all of the easements shown on the Final Map for public use.

Section 3. The City Clerk shall cause a certified copy of this resolution attested to under her seal to be recorded in the Office of the Contra Costa County Recorder.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on June 11, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
//

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Res. No. 24-XX 3
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 11, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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1200 Detroit Ave. 126-210-048

VICINITY MAP
Attachment 2

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Attachment 3

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Prepared by: Andrea Moreira, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering approval of 31 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/exempt pursuant to CEQA Guidelines
15060(c)(2), 15273, 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 11, 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 Manager, Director of Community Development, or 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, requires review and approval by the City Attorney and the Finance Director, for conformance with the Agreements and the City’s budget. Under the proposed MSAs, the total not-to-exceed cost of services is $300,000 per fiscal year per consultant firm. However, no MSA commits the City to any expenditure of funds; rather, as stated above, expenditures are made through the issuance of TOs on a project-by-project basis.

Recommended Action
Approve 31 Master Services Agreements (MSAs) for various consultant services (Attachment 2); 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 11, 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. None of the proposed MSAs will be active longer than three years. Each TO requires review and approval by the City Attorney and the Finance Director. Under the MSAs, the total not-to-exceed cost of services is $300,000 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 02, and August 8, 2023. The Request for Qualifications (RFQ) was published on Public Purchase on July 25, 2023, and responses were requested by September 14, 2023. A notice for a Request for Qualification (RFQ) was re-advertised in the Contra Costa Times on January 25 and February 04, 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 Request for Qualifications (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

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City Council Agenda Report
Agenda Item No. 3.c
June 11, 2024
Utility Location Services. Fifteen (15) evaluators, including staff from Community Development and Public Works (Transportation, Parks, and Recreation divisions) reviewed the SOQs based on discipline. The committee selected the firms best suited to providing services for the City’s projects and anticipated needs and is recommending the award of a total of thirty-one (31) MSAs.

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 thirty-one 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 the MSAs are awarded for in this report will focus on firms that have qualified for 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. The MSAs for consultants that only focus on disciplines such as Design Services for Civil Engineering and Project Coordination/Construction Management Services, were brought to Council at a previous date.

Financial Impact
Funding for the CIP projects, including all project consultant costs, is included in the adopted Two-year CIP Budget. It is estimated that the use of MSAs will save the City over $100,000 this year alone in staff time. Additionally, for needs outside of the CIP, staff has accounted for funding in the FY 2024-25 and FY 2025-2026 Operating Budgets.

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), 15273, and/or 15378), do not commit the City to a

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City Council Agenda Report
Agenda Item No. 3.c
June 11, 2024
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 per Disciplines

2. Master Services Agreements

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ATTACHMENT 1

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Attachment 1
List of Awarded Firms
Firm
Discipline
Associated Right of Way Services
Right of Way Services
Bender Rosenthal, Inc.

Right of Way Services
Bridge View Resources, LLC
Design Services Electrical
Comstock Johnson Architects, Inc.

Design Services Architecture
Construction Testing Services, Inc.

Geotechnical Services
Materials Testing Services
Electrical Engineering Design Services
Design Services Electrical
Design Services Mechanical
F3 & Associates
Survey Services
Fehr & Peers
Design Services Traffic
Fugro
Geotechnical Services
GSM Landscape Architects, Inc.

Design Services Landscaping
Guttmann & Blaevoet Consulting Engineers
Design Services Mechanical
Haley & Aldrich, Inc.

Development Plan Review Services
Geotechnical Services
IDA Structural Engineers, Inc.

Design Services Structural
Interactive Resources, Inc.

Design Services Architecture
JMEC Engineering, Inc.

Design Services Structural
Kennedy & Associates, Inc.

Development Plan Review Services
Kleinfelder, Inc.

Geotechnical Services
Materials Testing Services
KSH Architects
Interior Design Services (NEW) Page 7 of 468
List of Awarded Firms
Firm
Discipline
LCA Architects
Design Services Architecture
Ninyo & Moore
Geotechnical Services
Materials Testing Services
O'Dell Engineering
Design Services Landscaping
Pavement Engineering, Inc.

Pavement Management Inspection Services (NEW)
Psomas
CCTV Pipeline Services (NEW)
Utility Location Services (NEW)
RMA Group
Geotechnical Services
Materials Testing Services
SERA Design & Architecture, Inc.

Design Services Architecture
Interior Design Services (NEW)
SOHA Engineers
Design Services Structural
SWCA Environmental Consultants
Environmental Services
TJKM Transportation Consultants
Design Services Traffic
TRC Solutions, Inc.

Environmental Services
Verde Design, Inc.

Design Services Landscaping
W-Trans
Design Services Traffic

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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 Associated Right of Way Services (hereinafter “CONSULTANT”), whose address is 1255 Treat Blvd, Suite 815, Walnut Creek, Ca, 94597.

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:
• Right of Way 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 Larry Castellanos, Vice President.

3. COMPENSATION.

CONSULTANT shall be compensated, not to exceed $300,000.00 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: 925-6713182
Email: [email protected]

To CONSULTANT Larry Castellanos, Vice President
Associated Right of Way Services
1255 Treat Blvd, Suite 815
Walnut Creek, Ca 94597
Phone: 925-691-2830
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.

Associated Right of Way Services 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Larry Castellanos Name: Valerie Barone
Title: Vice President Title: City Manager
Address: 1255 Treat Blvd, Suite 815 Address: 1950 Parkside Drive, MS 01 Walnut Creek, Ca 94597 Concord, CA 94519
Telephone:925-691-2830 Telephone: (925) 671-3175

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EXHIBIT “A”

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

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

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

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

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

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

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

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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 Bender Rosenthal, Inc. (hereinafter “CONSULTANT”), whose address is 2825 Watt Avenue, Suite 200, Sacramento, Ca, 95821.

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 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 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 Renee Baur, Chief Executive Officer.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Renee Baur, Chief Executive Officer
Bender Rosenthal, Inc.
2825 Watt Avenue, Suite 200
Sacramento, Ca 95821
Phone: 916-978-4900 ext. 2005
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

Bender Rosenthal, 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Renee Baur Name: Valerie Barone
Title: Chief Executive Officer Title: City Manager
Address: 2825 Watt Avenue, Suite 200 Address: 1950 Parkside Drive, MS 01 Sacramento, Ca 95821 Concord, CA 94519
Telephone:916-978-4900 ext. 2005 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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Page 35 of 468 ends

Page 36 of 468 ends

MASTER AGREEMENT FOR PROFESSIONAL SERVICES
1 10/2022
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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 Bridge View Resources, LLC (hereinafter “CONSULTANT”), whose address is 4100 Orchard Canyon Lane, Vacaville, Ca, 95620.

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 Electrical
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 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 Amy Gentili, Operations Manager.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Amy Gentili, Operations Manager
Bridge View Resources, LLC
4100 Orchard Canyon Lane
Vacaville, Ca 95620
Phone: 916-402-7361
Email: [email protected]

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23 24
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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

Bridge View Resources, LLC CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $300,000.00. Account Code .

Finance Director's Signature

Name: Amy Gentili Name: Valerie Barone
Title: Operations Manager Title: City Manager
Address: 4100 Orchard Canyon Lane Address: 1950 Parkside Drive, MS 01 Vacaville, Ca 95620 Concord, CA 94519
Telephone:916-402-7361 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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MASTER AGREEMENT FOR PROFESSIONAL SERVICES
1 10/2022
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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 Comstock Johnson Architects, Inc. (hereinafter “CONSULTANT”), whose address is 10520 Armstrong Avenue, Mather, Ca, 95655.

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 Architecture
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 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 Kevin Wilcox, Principal Architect.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Kevin Wilcox, Principal Architect
Comstock Johnson Architects, Inc.
10520 Armstrong Avenue
Mather, Ca 95655
Phone: 916-362-6303 ext 105
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

Comstock Johnson Architects, 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Kevin Wilcox Name: Valerie Barone
Title: Principal Architect Title: City Manager
Address: 10520 Armstrong Avenue Address: 1950 Parkside Drive, MS 01 Mather, Ca 95655 Concord, CA 94519
Telephone:916-362-6303 ext 105 Telephone: (925) 671-3175

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21 22
23 24
25 26
27 28

EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

Page 60 of 468 ends

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

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Page 63 of 468 ends

MASTER AGREEMENT FOR PROFESSIONAL SERVICES
1 10/2022
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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 Construction Testing Services, Inc. (hereinafter “CONSULTANT”), whose address is 2118 Rheem Drive, Pleasanton, Ca, 94588.

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:
• Geotechnical Services
• Materials Testing 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 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 Greg Arellano, Vice President.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Greg Arellano, Vice President
Construction Testing Services, Inc.
2118 Rheem Drive
Pleasanton, Ca 94588
Phone: 650-380-8008
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

Construction Testing Services, 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Greg Arellano Name: Valerie Barone
Title: Vice President Title: City Manager
Address: 2118 Rheem Drive Address: 1950 Parkside Drive, MS 01 Pleasanton, Ca 94588 Concord, CA 94519
Telephone:650-380-8008 Telephone: (925) 671-3175

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27 28

EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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Standard Discounted
* FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour Steel Visual $240.00 $150.00
Nondestructive - UT, MT, PT $245.00 $150.00
Steel Visual/UT Combination $245.00 $150.00
Concrete ACI $240.00 $150.00
Concrete ICC $240.00 $150.00
Masonry $240.00 $150.00
Fireproofing $240.00 $150.00
Shear Wall Nailing/Framing/Hold Downs $240.00 $150.00
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) $240.00 $150.00 Asphalt Technician (portal-to-portal) $240.00 $150.00
Shoring/Soldier Piers $240.00
Roofing & Waterproofing $240.00
NACE Coating Inspection - Level II $290.00
NACE Coating Inspection - Level III $350.00
Multi-Disciplined Inspector $240.00
Inspector Requiring G1 Pay Grade $290.00
Specialty Inspector or Where Formal Certification is Required $240.00 Field Inspector with Special Enhancement $240.00
Safety Manager/Safety Inspector/Jobsite Safety Accountability Supervisor (JSAS) $510.00 Laboratory Technician $240.00
Additional Sample Preparation Time $240.00
Technician Typist $240.00
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) $375.00 $325.00
Geotechnical Engineer $330.00 $295.00
Professional Geologist $315.00 $275.00
Consulting Engineer (Civil/Structural) $310.00 $275.00
Associate Engineer, Licensed $270.00 $225.00
Project Manager $240.00 $175.00
Staff Engineer $240.00 $175.00
Field Supervision $240.00 $175.00
ASNT Level III $290.00
Drafting $175.00
Quality Control Manager QOR

SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils QOR
* Epoxy Bolt/Expansion Anchor - Installation Observation $240.00 $150.00 * Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal) $240.00 $150.00 * Coring, 1 Person (including equipment) (portal-to-portal) $315.00 $250.00 * Coring, 2 Persons (including equipment) (portal-to-portal) $470.00 $325.00 * Asphalt Coring (portal-to-portal) $340.00
Project Research QOR
Ultrasonic Testing for Non-Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR
Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR Estimating Concrete Strength by the Maturity Method - Equipment Fee $125/kit ASTM C1074 QOR CSL/Crosshole Sonic Logging QOR
Vector Mapping QOR
Roof Uplift Testing QOR
Inclinometer Testing QOR
Vibration Moniroring/Accelerometer QOR
Tilt Monitoring QOR
External Windows And Doors Dynamic Water Penetration Testing AAMA 501.1 QOR Curtain Wall Testing AAMA 501.2 QOR
Ground Penetrating Radar QOR
DCP - Dynamic Cone Penetrometer QOR
Gamma-Gamma Logging of CIDH Piles (Daily Rate) CT233 $3,600.00 FGIA/AAMA Window and Skylight Testing (Daily Rate) ASTM E1105, AAMA 501.2, 502 503 $3,600.00 Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal) $350.00 Ultrasonic Pulse Velocity Testing - Equipment Fee $250/Day (portal-to-portal) ASTM C597 $700.00 Impact Echo Testing - Equipment Fee $250/Day (portal-to-portal) ASTM C1383 $350.00 Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal) ASTM E1155 $350.00 Surface Frictional Properties Using Pendulum Tester - Equipment Fee $115/Day (portal-to-portal) ASTM E303 $350.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) ASTM F1869 $350.00 Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 $350.00 Ferroscan - Equipment Fee $115/day (portal-to-portal) $350.00 GPR - Equipment Fee $115/day (portal-to-portal) $400.00 Administration, Secretarial, Special Projects, Notary, Certified Payroll $200.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $375.00 $250.00 Welding Procedure Review (less than 48 hours notice - $500) $375.00 $250.00 Procedure Qualification Record (PQR) - Standard Procedure (document fee) $550.00 Welding Procedure Specification (WPS) - Standard Procedure (document fee) $550.00 Welder Qualification Test Record (WQTR) - Standard Procedure (document fee) $550.00 DSA Interim Reports $225.00
Geotechnical Pad Letter (less than 48 hours notice - $550) $400.00 Final Letter (less than 48 hours notice - $550) $400.00 $300.00

EXPERT WITNESS TESTIMONY
Court appearance, per day $3,000.00
Court appearance, per half day $2,000.00
2023 FEE SCHEDULE - P24475 9/14/2023

PERSONNEL FEES AND BASIS OF CHARGES

INSPECTIONS, ENGINEERING & SPECIAL SERVICES
* Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services will be billed in two hour increments. inspecting
testing
engineering
All fees subject to Basis of Charges
Geotechnical Services

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GENERAL
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:

One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours

WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard -
(Work performed between 2:00 pm and 4:00 am) 12.5%/hour additional to base or quoted rate.

MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $40.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $7.00/minimum Wireless Router/Data Card for Jobsite Internet $135.00/day iPad Monthly Rental Fee $100.00/month
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.) At Cost Parking Fees At Cost
Air Travel Cost Plus 10%
Outside Services Cost Plus 20%
Subsistence (per Union contract) $130.00/day
Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract) $30.00/day Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract) $85.00/day Mileage Standard Federal Rate
Sample Pickup $30.00/each $25.00/each
Sample Pickup Trip Charge QOR
Weekend Sample Pickup $150.00/each
Project Administration 18% of Monthly Invoice
Samples Made by Others: Concrete Cylinders $130 + Test
Samples Made by Others: All Other Tests $75.00 + Test
Laboratory Sample Witness Fee $130.00
Laboratory Sample Storage Fee (per sample) $120.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $150.00
Additional Sample Retention QOR
TESTS

INSURANCE

PAYMENT

BASIS OF CHARGES
12% of Monthly Invoive
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.

The liability of Construction Testing Services (CTS) is limited to CTS's contract value.

Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.

Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-to-portal) from the nearest CTS laboratory. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry requirements.

All fees subject to Basis of Charges

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Standard Discounted
CONCRETE Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39 and CT521 $95.00 $40.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 and CT521 $95.00 $40.00 Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI) ASTM C39 and CT521 $170.00 Cylinder molds. 6” x 12” and 4" x 8" ASTM C470 $90.00
Compressive Strength of Lightweight Insulating Concrete ASTM C495 $110.00 Compressive Strength of Cylindrical Concrete Core and Sawed Beam Specimens ASTM C42 $145.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $555.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $355.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) CT523 and CT524 $355.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample) ASTM C157 $180.00 Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position) ACI 506, ASTM C42 and C1140 $505.00 Shotcrete Pre-Qualification Cores (Compression and Visual) ACI 506, ASTM C42 and C1140 $130.00 Shotcrete Production Cores ASTM C1140 $130.00
Coefficient of Thermal Expansion AASHTO T336 $580.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $455.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $1,100.00 Cement Quality Sampling CBC 2010 $705.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $70.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $275.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $255.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room CBC $165.00 Density of Hydraulic Cement ASTM C188 $225.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $180.00 GFRC Pull Test PCI $445.00
GFRC Flexural Test PCI $445.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $605.00

MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $140.00 $65.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $140.00 $65.00 Compressive Strength of Masonry Prisms ASTM C1314 $215.00 $95.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $215.00 $95.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $140.00 $65.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $215.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $320.00 Masonry Core Shear Testing CBC 2105A.4 $320.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $395.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* ASTM C67 $1,055.00 Mortar Molds. 2” x 4”. Single Use $140.00
Mortar or Grout, Stored and Cured, Not Tested (Including Mold) $140.00 Veneer Bond Testing, does not include sample fabrication (Set of 5) ASTM C482 $530.00

AGGREGATES (CONCRETE AND SOILS)
Sieve Analysis of Coarse Aggregates (Coarse Only 2" - No.4)(sample size over 2" QOR) ASTM C136, CT202, and AASHTO T-27 $250.00 Sieve Analysis of Fine Aggregates (Fine Only, Wash Included No.4 - No.200) ASTM C136/C117, CT202, and AASHTO
T-27/AASHTO T-11 $320.00
Sieve Analysis of Combined Fine and Coarse Aggregates (Wash Included 2" - No.200) (sample size over 2" QOR)
ASTM C136/C117, CT202, and AASHTO
T-27/AASHTO T-11 $405.00 $295.00
Materials Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (200 Wash) ASTM C117, CT202, and AASHTO T-11 $250.00 Evaluating Cleanness of Coarse Aggregate CT227 $405.00
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88, CT214, and AASHTO T-104 $330.00 Bulk Density/Unit Weight of Aggregate ASTM C29, CT212, and AASHTO T-19 $230.00 Clay Lumps and Friable Particles in Aggregates ASTM C142 and AASHTO T-19 $255.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 and CT235 $420.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 and CT213 $420.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127, CT206, and AASHTO T-85 $420.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128, CT207, and AASHTO T-84 $420.00 Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131, C211, and AASHTO T-96 $570.00
Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C535 $570.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821, CT205, and AASHTO T-335 $455.00 Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252, CT234, and AASHTO T304A $455.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419, CT217, and AASHTO T-176 $320.00 $275.00 Durability Index (Fine) ASTM D3744, CT229, AASHTO T-210 $455.00 Durability Index (Coarse) ASTM D3744, CT229, AASHTO T-210 $455.00 Durability Index (Fine and Coarse) ASTM D3744, CT229, AASHTO T-210 $455.00 $325.00 Lightweight Particles in Aggregate ASTM C123 and AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $630.00 Aggregate Moisture Content ASTM C566 $630.00
*Unusual sample preparation for brick specimen will be charged at the established hourly rate.

CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges

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Standard Discounted
SOILS Rate/Each Rate/Each
Moisture Content of Soil by Oven ASTM D2216, CT226, and AASHTO T-265 $175.00 Moisture Content of Soil by Microwave Oven ASTM D4643 $230.00 Density of Soil in Place by the Drive-Cylinder Method including Moisture Content of Soil by Oven D2937 $260.00 Remold of Soil Samples Varies $155.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084 $605.00 Permeability Additional Cell Time $605.00
Direct Shear Test of Soils Under Consolidated Drained Conditions (per point) ASTM D3080 $605.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (three points) ASTM D4767 $1,105.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points) ASTM D4767 $380.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) ASTM D4767 $380.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (includes 3 points)(includes Pore Pressures) ASTM D4767 $1,955.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)(includes Pore Pressures) ASTM D4767 $655.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)(includes Pore Pressures) ASTM D4767 $655.00
Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils (per point) ASTM D2850 $190.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils with added backpressure saturation (per point) ASTM D2850 $320.00
One-Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 $580.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 and CT221 $230.00 Compressive Strength of Molded Soil-Cement Cylinders ASTM D1633 $305.00 Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $665.00 Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $605.00 Particle-Size Distribution of Fine Grained Soils using Sedimentation Analysis ASTM D7928 and ASTM D422 $605.00 Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (2" - No.200) (sample size over 2" QOR) ASTM D6913 $390.00
Material Finer than No.200 by Washing (200 Wash) ASTM D1140 $240.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 and CT204 $605.00 Determination of Organic Soils Classification using Liquid Limit of Soils ASTM D4318/D2487 $780.00 Organic Content of Soils and Peat ASTM D2974 $335.00
Unified Soil Classification System (USCS) Test ASTM D2487 $355.00 $250.00 Moisture-Density Relations of Soil Using Modified Effort (Modified Proctor) ASTM D1557 $355.00 $250.00 Moisture-Density Relations of Soil Using Standard Effort (Standard Proctor) ASTM D698 $530.00 Moisture-Density Relations of Soil Using Modified DWR Method DWR Modified $530.00 Moisture-Density Relations of Soil Using Rapid Compaction Method ASTM D5080 $530.00 Moisture-Density Relations of Soil-Cement Mixtures ASTM D558 $530.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D698 $405.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D698 $455.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D698 $530.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D1557 $355.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D1557 $455.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D1557 $530.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $555.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $335.00 Maximum Dry Unit Weight of Granular Soils Using a Vibrating Hammer ASTM D7382 $505.00 Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $605.00 Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844 and CT301 $655.00 $425.00 Expansion Index of Soils ASTM D4829 $505.00
Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer ASTM D854 $405.00 pH of Soils ASTM D4972 $555.00
Density of Hydraulic Cement ASTM C188 $380.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $605.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR
Caltrans Corrosivity Package $580.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $705.00 California Bearing Ratio Test (does not include moisture density relations) ASTM D1883 $405.00 Bentonite Slurry Testing QOR

SOILS AND AGGREGATE SERVICES AND TESTS
** Does not include sample preparation or sieve analysis * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician.

All fees subject to Basis of Charges

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Standard Discounted
ASPHALT Rate/Each Rate/Each
Thickness/Height of Compacted Bituminous Paving Mixture Specimens Field Cores ASTM D3549 and CT308 $205.00 Bulk Specific Gravity of Compacted Bituminous Mixture (Individual field cores or lab compacted) ASTM D1188, ASTM D2726, CT308, $320.00 Lab Compaction Only of Bituminous Mixture by Marshall Apparatus (Marshall) (Per Specimen) ASTM D6926 $320.00 Lab Compaction Only of Bituminous Mixture by CA Kneading Compactor (HVEEM) (Per Specimen) ASTM D1561, CT304, and AASHTO T-247 $320.00 Lab Compaction Only of Bituminous Mixture by Superpave Gyratory (Superpave) (Per Specimen) ASTM D6925, and AASHTO T-312 $320.00 Laboratory Test Max Density (LTMD) (5 Specimen, includes compaction of specimen and bulk specific ASTM D1561/(D1188 and D2726) and $1,155.00 Superpave Bulk specific gravity (includes gyratory compaction of 3 specimen and bulk specific gravity) AASHTO T-312/T-275/T-166 $1,155.00 Marshal Lab Compacted Max Density (3 Specimen, includes compaction of specimen and bulk specific ASTM D6926/(D1188 and D2726) $1,155.00 Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041, CT309, and AASHTO T-209 $505.00 $275.00 Marshall Stability and Flow of Bituminous Mixtures (average Set of 3, includes sample compaction) ASTM D6926/ASTM D6927 $1,155.00 Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR Swell of Bituminous Mixtures CT305 $445.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 and CT307 $1,005.00 Stabilometer Value of field compacted cores (Per Specimen) ASTM D1560, CT366, and AASHTO T-246 $450.00 Stabilometer Value of Lab compacted samples (Average of 3 Specimen, Includes Sample Compaction) ASTM D1561/D1560, CT304/CT366, and $1,155.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $455.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $455.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172 and CT310 $805.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate (Afterburn Gradation) ASTM D5444, CT202, and AASHTO T-30 $455.00 Moisture Content of Bituminous Mixture CT370 and AASHTO T-329 $480.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $3,705.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $355.00 Hamburg Wheel Track (includes compaction by gyratory)(includes 2 runs) AASHTO T324 $4,005.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 6 Specimen ASTM D4867 and AASHTO T-283 $4,005.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 12 Specimen) CT371 $6,005.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures ASTM D6931 $3,755.00 Air Voids Calculation of Compacted Bituminous Mixture ASTM D3203, CT367, and AASHTO T-269 $220.00 PG Verification (Determining Low Temperature Performance Grade (PG) of Asphalt Binders) ASTM 6816 QOR

MATERIALS MECHANICAL TESTS
Mechanical Testing of Steel Products (General Tensile) ASTM A370 $555.00 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $255.00 Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy ASTM E8, B557 and AWS B4.0 $555.00 Mechanical Testing of Steel Products (Couplers) ASTM A370 $555.00 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic ASTM E2248 and ASTM E23 QOR Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $380.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $445.00 $250.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $505.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 QOR Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete ASTM A370, A82 and A185 $505.00 Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $355.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts ASTM F307, F1554 and F606 $605.00 $325.00 Rockwell Hardness of Metallic Materials ASTM E18 $190.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $380.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $380.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct ASTM F606 $430.00 Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $430.00 Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $380.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $380.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $330.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $1,055.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2) ASTM A416 and A1061 $1,605.00

FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $300.00 $125.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $90.00 $40.00

CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 44 Tehama, Suite 305 • San Francisco, CA 94105 • P 415.334.4747 • F 415.438.2357 Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825 Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554 Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774 Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718

ASPHALTIC CONCRETE SERVICES AND TESTS

MECHANICAL TESTS AND FIREPROOFING
San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 All fees subject to Basis of Charges

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EXPERT WITNESS TESTIMONY
Court appearance, per day $3,000.00
Court appearance, per half day $2,000.00
2023 FEE SCHEDULE - P24475 9/14/2023

PERSONNEL FEES AND BASIS OF CHARGES

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testing
engineering

GENERAL
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:

One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours

WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

INSURANCE

PAYMENT

The liability of Construction Testing Services (CTS) is limited to CTS's contract value.

All fees subject to Basis of Charges

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CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges

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All fees subject to Basis of Charges

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FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $300.00 $125.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $90.00 $40.00

ASPHALTIC CONCRETE SERVICES AND TESTS

MECHANICAL TESTS AND FIREPROOFING
San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 All fees subject to Basis of Charges

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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 Electrical Engineering Design Services (hereinafter “CONSULTANT”), whose address is 91 Gregory Lane, Suite 3, Pleasant Hill, Ca, 94523.

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 Electrical
• Design Services Mechanical
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 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 Rosanna Lerma, Principal.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Rosanna Lerma, Principal
Electrical Engineering Design Services
91 Gregory Lane, Suite 3
Pleasant Hill, Ca 94523
Phone: 415-963-4303 ext. 100
Email: [email protected]

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21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

Electrical Engineering Design Services 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Rosanna Lerma Name: Valerie Barone
Title: Principal Title: City Manager
Address: 91 Gregory Lane, Suite 3 Address: 1950 Parkside Drive, MS 01 Pleasant Hill, Ca 94523 Concord, CA 94519
Telephone:415-963-4303 ext. 100 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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2023 B ILLING R ATE S CHEDULE

ON -C ALL SERVICES FOR ELECTRICAL ENGINEERING
VARIOUS TASKS IN THE CITY OF CONCORD SEPT EMBER 11 , 2023

H OURLY R ATES

BILLING LEVEL RATES
Principal Engineer .......................................... $255 Senior Engineer ............................................. $233 Project Manager ............................................ $207 Telecom Designer .......................................... $195 Project Engineer ............................................ $186 Revit Technician/CAD Designer ..................... $154 Administrative/Technical Support .................. $133

R EIMBURSABLE E XPENSES
Expenses Fee Charge
Outside Reproduction ................ Cost plus 10%
Out-of-area Travel Expenses .... Current Federal allowance per mile plus expenses Subcontractors and Consultants Cost plus 10%
We require all payments 30 days from the invoice date. Payments not received by the due date shall bear interest at the rate of 10% per annum.

Design Services Electrical

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2023 B ILLING R ATE S CHEDULE

ON -C ALL SERVICES FOR MECHANICAL ENGINEERING
VARIOUS TASKS IN THE CITY OF CONCORD SEPTEMBER 11 , 2023

H OURLY R ATES

Design Services Mechanical

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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 F3 & Associates (hereinafter “CONSULTANT”), whose address is 701 East H Street, Benecia, Ca, 94510.

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:
• 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 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 Lionel Largaespada, Director of Marketing & Business Development.

3. COMPENSATION.

4. INDEMNIFICATION.

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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.

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.

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: 925-6713182
Email: [email protected]

To CONSULTANT Lionel Largaespada , Director of Marketing & Business Development

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F3 & Associates
701 East H Street
Benecia, Ca 94510
Phone: 707-748-4300 ext 213
Email: [email protected]

21. TERM.

22. NON-LIABILITY.

23. EXECUTION.

[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.

F3 & Associates 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 $300,000.00. Account Code .

Finance Director's Signature

Name: Lionel Largaespada Name: Valerie Barone
Title: Director of Marketing & Business Development Title: City Manager Address: 701 East H Street Address: 1950 Parkside Drive, MS 01 Benecia, Ca 94510 Concord, CA 94519
Telephone:707-748-4300 ext 213 Telephone: (925) 671-3175

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EXHIBIT “A”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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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 Fehr & Peers (hereinafter “CONSULTANT”), whose address is 100 Pringle Avenue, Suite 600, 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 Traffic
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 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 Rob Rees, Principal-in-Charge.

3. COMPENSATION.

4. INDEMNIFICATION.

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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.

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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Concord City CouncilJune 11, 2024

Concord City Council
June 11, 2024