Concord City Council
June 25, 2024

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

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

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

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

H. Employment of Apprentices

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

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

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

Penalties are specified in Labor Code §1777.7.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Does not have a proposed debarment pending; and

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

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

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

General Services Administration are to be determined by FHWA.

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

B. The goal for DBE participation for this AGREEMENT is 3%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

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

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The LOCAL AGENCY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f).

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

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

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

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

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

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

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

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

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

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

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

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

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to LOCAL AGENCY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to LOCAL AGENCY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by LOCAL

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

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

3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement.

The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

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

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

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

such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

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

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

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

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

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

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

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

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

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

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

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

Dated: ______________ CONSULTANT
BY: ________________________
Nayan Amin, President
TJKM
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2020/21 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $741,227
Account Code: 4029500C999-74500 / 4022695213-74500
Finance Director's Signature

SCOPE OF WORK

APPROACH
Understanding
The City of Concord applied for and secured grant funding for HSIP Cycle 11 Civil Engineering Design Services. The award for this project includes upgrades to existing street lighting fixtures at 5,582 locations and the installation of new street lighting at 32 locations along the corridors of Willow Pass Road, Concord Boulevard, Galindo Street/Monument Boulevard, Clayton Road, Treat Boulevard, Cowell Road, and Ygnacio Valley Road/Kirker Pass Road. The project also includes signal upgrades at 12 intersections. Lastly, the project will include installation of three sets of Rectangular Rapid Flashing Beacon (RRFB’s) and two High Intensity Activated CrossWalK (HAWK) systems. The goal of the project is to enhance the street lighting citywide and improve safety throughout the City of Concord.

TJKM understands and is familiar with the project improvements required due to our vast experience working with the City of Concord. TJKM completed similar projects and provides valuable insight from our past projects to provide cost savings and delivery of high quality product for construction.

Project Approach
Our proposed approach to successfully deliver, the project within schedule and budget to City satisfaction is based on our experience working on similar projects, applying industry best practices, local knowledge and relevant data.

At the onset of the project we will set up a Kick-Off Meeting with City staff to identify key points of contact to setup a Project Development Team (PDT) and acquire existing information available. Additionally, at the Kick-Off Meeting, discuss the information in the HSIP application and background information the City staff would like to share to assist the development of PS&E for the project.

After the Kick-Off meeting, we will collect all relevant data. As a value added task at no additional cost to the City, we will collect existing street light inventory throughout the City to develop and deliver a GIS layer for the street lights within the City of Concord. This will allow the City to maintain the street lights on a proactive basis and be a tool for developing cost estimates on annual basis for CIP. Upon collecting the street light inventory, we will perform photometric analysis. Based on the photometric analysis, gap analysis and collision analysis (similar to what we did to identify the locations for RRFB’s and HAWK signals for the project) we will identify the recommendations to enhance lighting conditions throughout the City to enhance safety for all modes of transportation. We will also identify the locations for 32 new street light installations along the seven corridors.

Once TJKM compiles the field notes, street lighting inventory, survey information, and site photos, TJKM will process the data and develop the base maps for the project (street lights, RRFB’s, HAWK’s, and signalized intersections). Upon completion of the base maps we will prepare the preliminary design for the project. The preliminary design will include details on connecting the new streetlights into the existing street light infrastructure and the extent of PG&E coordination required. As a value added task at no additional cost to the City we will develop the street lights plans with smart light control system. In addition, we will identify and prepare PS&E for Speed Feedback Signs along seven corridors as a value added task at no additional cost to the City to enhance safety for all modes of transportation.

Upon approval of the preliminary design, we will begin preparation of the PS&E as one full package to begin the detailed design phase for City review. We anticipate 35%, 65%, 95%, and Final submittals to get a bid ready plan set. Concurrently, if City requests assistance, we will develop the Caltrans Local Assistance forms to get the E-76 authorization. It is our recommendations to submit the E-76 forms at the same time as the 95% submittal to help ensure no schedule delays.

Once the project is out to bid, TJKM will provide support for bidding and construction until project closeout.

Scope of Work
Task 1 - Project Management
TJKM will manage the schedule and budget throughout the duration of the project. TJKM will prepare the schedule in Microsoft (MS) Project software format and updates to the schedule at design progress meetings. TJKM will conduct our own Quality Assurance/Quality Control over our work products prepared for the City. TJKM will manage invoicing under this task and ensure all billing completed per Caltrans requirements. At the end of each month, we will provide a summary 5/30/2024 Attachment #1

of work completed within that period and provide the updated MS office schedule to keep track of project milestones.

TJKM will work with City to identify key staff at the City, Caltrans, and other agencies and setup a PDT. Meetings will be held with this group, as required, keeping everyone in the loop of ongoing activities and look ahead schedule.

TJKM will maintain frequent and timely communication with the City during the design and construction phase of the project. Mr. Amin and Mr. Patel have successfully completed numerous HSIP Street Lighting and Signal Hardware Upgrades Projects with the City of Concord and other local Public Works Department’s that provided a high level of customer service to those agencies Project Manager. TJKM’s Project Manager stayed in constant communication with the agency during the entire duration of the project. TJKM has budgeted for the following meetings:
• Kick-Off Meeting (in-person)
• Monthly progress meetings (in-person or video conference) Deliverables
 Monthly Invoices and Progress Reports
 PDT meeting notices, agendas, handouts/exhibits, and minutes  Project Schedule and Master Files
Task 2 – Prepare Base Maps & Plan Sheets
Task 2.1 – Data Collection
Relevant Data: We will collect existing as-built drawings for the existing traffic signals (12) and street lights with in the City of Concord. In addition, we will any other relevant information that will assist in developing the PS&E. It should be noted that it is assumed that no topographic survey is needed for the project. If for any unforeseen reasons topographic survey is required TJKM will provide an Amendment to conduct topographic survey to the City and upon approval will conduct topographic survey.

Street Lighting: TJKM Team proposes to conduct field audit of the City’s existing streetlights (approximately 8,000+) including safety lights at signalized intersections. We will collect at a minimum the following information:
• Unique ID
• Fixture Type - Cobrahead, Acorn etc.
• Type of Pole - Wood, Signal Standard, Metal etc.
• Pole Condition - Good, Needs Repair
• Damaged Picture Number - Extra picture explaining
damage
• Pole Painted? - Yes/No
• Wattage of Bulb 1 - Sticker on fixture identified
wattage
• Wattage of Bulb 2 - Sticker on fixture identified
wattage
• Light Number - Sticker on pole identified
• Location Type - Behind Sidewalk, Median etc.
• Burial Type - Direct, Concrete, etc.
• # of Arms - 0, 1, 2, etc.
• Surrounding Area - Residential, Commercial, etc.
• Electrical Feed - Above ground, underground etc.
• PEU - External/Internal
• Picture Number - Hyperlinked Photo
• Height of Pole - Measured with laser
• Length of Arm - Measured with laser
• Overhead Obstructions - Yes/No
• GPS Coordinates
It should be noted that for the “Unique ID” attribute TJKM will utilize the City of Concord ID’s for identification of the street lights throughout the City. If the City does not have one, TJKM will develop Unique ID’s for the streetlights and label all the streetlights within the City.

Based on the data collected we will update the City, GIS layer with the information collected and integrate the layer into GIS dashboard developed by TJKM for the City of Concord. Based on the data collected and collision analysis conducted, we will develop immediate, medium and long-term recommendations with the cost estimate for the street light system.

TJKM developed a collision dashboard for the City of Concord and utilized the dashboard to identify the locations for the RRFB and Hawk signals for this project. As a value added task using the same dashboard and the street light inventory collected, TJKM will identify the locations for the new streetlights along the six corridors for this project. Based on the data

collected and collision analysis, we will develop immediate, medium and long-term recommendations with the cost estimate for citywide street light system.

Task 2.2 – Base Maps
The TJKM Team under this task will collect the existing information. TJKM will work with City to collect existing as-built for street lighting and traffic signals as available. TJKM will begin work on the utility research and collecting existing information in the field.

The base maps will be developed in AutoCAD to scale for the detailed design phase. The utility research information will be added to the plans as responses are provided from the respective utility companies. TJKM will develop a GIS street light inventory database for the City to identify all street light locations. The inventory will provide make, model, type of streetlight along with the type of fixture model, wattage and if LED or High Pressure Sodium or any other type. The inventory maybe used as a tool to track the conditions of streetlights throughout the City.

Deliverables
 Mapping Data
 GIS Mapping Data
Task 2.3 – Preliminary Design
Based on the compilation of the data collected, TJKM will prepare preliminary design plans in AutoCAD. The plans will integrate the data collected from utility companies and show all the information on the respective plan sheets. TJKM will review if any exceptions to design standards are going to be required as the existing data is processed further and discuss with the City. TJKM will integrate the street light GIS layer into the GIS Dashboard developed by TJKM for the City based on the findings of the field conditions and develop a system for tracking all streetlight within the City. As a Value Added Task (with no additional cost to the City), TJKM will:
• Identify the locations for installation of the Speed Feedback Signs along the seven corridors. We would identify three locations along each corridor and prepare concept plans. Upon approval from the City, we will prepare PS&E for the Speed Feedback Signs in preceding tasks. The plans will augment the street lighting design, identify placement of signs on existing or proposed streetlights along the project corridors and included with each submittal. In addition, TJKM will identify additional 30 locations (no PS&E will be developed for this additional 30 locations) for installation of the Speed Feedback Signs along the corridors identified by City staff. • Preliminary design plans for the street lights will be developed with smart light control system and PS&E will be developed upon approval by City. Implementation of the smart light control system will allow the City maintenance department to be notified by the system of any street light not working within the City, allowing the City maintenance department to trouble shoot on proactive basis.

Deliverables
 Design Base Maps
 GIS Layer
Task 3 – Prepare Plans, Specifications & Estimates (PS&E) Task 3.1 – Prepare 35% PS&E
TJKM, under this task, will prepare the 35% PS&E for City review, the following is the anticipated work:
• TJKM will use base mapping, utility research, and high resolution aerials to prepare the corridor street lighting plans and each intersection layout in AutoCAD and to scale. Due to nature of improvements, TJKM envisions two intersections can be shown on each plan sheet for the signal improvements, TJKM has done this on similar signal upgrade jobs in the past. Note: TJKM to have one intersection per plan sheet if the City requires it and this will be discussed further.
• The improvements to RRFB’s and HAWK intersections will be on individual sheets with respective detail sheets. • The street lighting plans will be shown as layout sheets per each corridor and map out existing and new street light for improvements, show new conduits, pole locations, and tie in points to existing infrastructure. • The anticipated but not limited to plan sheets for development include:
o Title Sheet o Construction Details

o Equipment Details
o Signal, RRFB, and HAWK Plans
o Electrical Plans
o Summary of Quantity Sheets
• TJKM will prepare a 35% engineer’s estimate to accompany the plan set. • TJKM will acquire MS Word boilerplate specifications to be used for this project. TJKM will update the specifications and front end items to ensure all federal forms are included, bid items and descriptions are updated along with typical other specification revisions.
• The PS&E package will be developed per Caltrans Standards and Specifications, MUTCD and City of Concord Standards.
• TJKM will perform our internal QA/QC of all PS&E and provide copies to the City before submitting the PS&E package.

Deliverables
 35% PS&E
Task 3.2 – Prepare 65% PS&E
TJKM will receive a set of non-conflicting City comments on the 35% PS&E documents and meet with the City to discuss.

Under the 65% PS&E, TJKM anticipates the following work:
• TJKM will update the PS&E per comments provided by the City • The plans to be detailed out further by adding any non-standard details to plans and updating the existing details per City comments
• The estimate to be revised per plan revisions and City comments • TJKM will collect the existing signal timing sheets from the City of Concord to develop the LPI signal timing sheets.

TJKM will collect crosswalk widths and use MUTCD guidance for yellow time to develop the LPI. TJKM will review each intersection and if it is in coordination with adjacent intersection, we will update the offsets per new LPI implementation to ensure no negative impacts to operations as a value added task • The specifications to be updated per comments and the bid tables updated to match the new project quantities • TJKM will provide a Response to Comments to identify how each comment was addressed • TJKM will perform our internal QA/QC of all PS&E and provide copies to the City before submitting the 65% PS&E package
Deliverables
 65% PS&E and Response to Comments
Task 3.3 – Prepare 95% PS&E
TJKM will receive a set of non-conflicting City comments on the 65% PS&E documents and meet with the City to discuss.

Under the 95% PS&E, TJKM anticipates the following work:
• TJKM will update the PS&E per comments provided by the City • The plans will be detailed out further and close to construction ready • The estimate will be revised per plan revisions and City comments • The specifications will be updated per comments and the bid tables updated to match the new project quantities • TJKM will update the signal timing sheets per comments provided from the City • TJKM will provide a Response to Comments to identify how each comment was addressed • TJKM will perform our internal QA/QC of all PS&E and provide copies to the City before submitting the 95% PS&E package
• TJKM will submit the 95% PS&E to City and other Stakeholders for review and final set of comments to prepare the construction ready PS&E
Deliverables
 95% PS&E and Response to Comments

Task 4 – Prepare Final PS&E Package
TJKM will receive a set of non-conflicting City comments on the 95% PS&E documents. TJKM to hold a comment review meeting with City and other Stakeholder to clarify any comments to ensure all comments are addressed properly. Under the Final PS&E, TJKM anticipates the following work:
• TJKM will update the PS&E per comments provided by the City and Stakeholders • The specifications will be updated per comments and the bid tables updated to match the new project quantities. The specifications will have all federal forms required
• TJKM will finalize the signal timing sheets with LPI and coordination information • TJKM will provide a Response to Comments to identify how each comment was addressed • TJKM will perform our internal QA/QC of all PS&E and provide copies to the City before submitting the Final PS&E package
• TJKM will submit a final check print for City’s confirmation and approval • TJKM will receive minor comments on the Check print and provide a final signed and stamped PS&E Package Deliverables
 Final Combined PS&E Package, AutoCAD, MS Office, and other files as required Task 5 – Bid & Construction Support
TJKM will provide technical support during bidding and construction. This will include:
• TJKM shall respond to all Contractor Request for Information (RFIs) • Update PS&E as required per RFI and Contractor findings • Review all Contractor submittals on an as-needed basis • Once the construction work is completed, coordinate with Contractor for redline drawings to prepare a final set of record drawings or As-Built Drawings
Deliverables
 Respond to RFIs
 Review Submittals
 Design Changes as needed
 Record Drawings

ON AN AS-NEEDED BASIS SERVICES
Task 6 – Environmental Studies & Environmental Document TJKM, under this task, if required, will help prepare the environmental documentation to support environmental determination made under the NEPA. TJKM has helped prepare these documents in the past with the City as part of the E-76 construction authorization. TJKM would do the same for this project, however if environmental studies are required an amendment will be filed.

Deliverables
 E-76 Submittal On an as-needed basis
Task 7 – Permits & Agreements
TJKM will identify and obtain all necessary permits and agreements needed for construction. Work to be performed includes discussions with permitting agencies, preparation of permits and attachments of maps and other exhibits and funds required for the permit application and submitting the permits. TJKM will help identify all permits required for the project design and construction phase. TJKM to lead the discussions and negotiations with permitting agencies and only be performed with the City’s Project Manager or designee.

Deliverables
 As-needed services

City of Concord
Civil Engineering Design Services for Street Lighting and Safety ImprovementsCity Project No. 2695 | Federal Project No. HSIPL-5135(064) Prepared by TJKM Transportation Consultants
Ruta
Jariwala
Nayan
Amin Rutvij Patel
Andrew
Dickinson
Devyani
Padubidri
Manuel
Montero
Anna
Highsmith
Sanjith
John
Talha
Majeed
Priyul
Bhavsar
Aayush
Kalantri Chaithra Navada
PIC &
QA/Qc
Project
Manager
Deputy
Project
Manager Task Lead Task Lead
Assistant
Transportation
Planner
Billing Rate $284.92 $284.92 $221.90 $145.52 $98.06 $139.20 $151.78 $86.38 $86.38 $91.46 $95.89 $95.27 1 Project Management 16 80 80 176 $ 45,1042 Prepare Base Maps & Plan Sheets 22 80 88 160 240 120 120 180 300 180 0 128 1618 105,000.00 $ $ 305,444

2.1 Data Collection 4 16 8 120 148 105,000.00 $ $ 122,839

2.2 Base Maps 8 32 40 80 120 80 80 100 100 100 64 804 $ 99,4792.3 Preliminary Design 10 32 40 80 120 40 40 80 80 80 64 666 $ 83,126 3 Prepare Draft PS&E 36 120 180 180 240 260 320 320 84 280 2020 $ 273,467

3.1 35% PS&E 16 40 80 60 80 100 120 120 120 736 $ 100,9163.2 65% PS&E 12 40 60 60 80 80 120 120 60 100 732 $ 96,151

3.3 95% PS&E 8 40 40 60 80 80 80 80 24 60 552 $ 76,400
4 Final PS&E 8 16 40 40 20 20 40 40 16 40 280 $ 39,610
5 Bid & Construction Support 4 8 20 12 12 16 72 $ 10,2176 Environmental Studies & Documentation 0- $ 7 Permits & Agreements 0- $ 82 300 396 400 240 380 412 552 660 180 116 448 4166 105,000.00 $ $ 673,842 $ 67,384
82 300 396 400 240 380 412 552 660 180 116 448 4166 $ 105,000.00 741,227 $ Assumptions
Task 2 - TJKM will conduct street light inventory for all the existing (not-to-exceed 8,400) street lights thoughtout the City Task 6 - TJKM to provide an updated level of effort and scope of work when services are required from the CityTask 7 - TJKM to provide an updated level of effort and scope of work when services are required from the CityIt is assumed that No Topographic Survey is required for the Project. If for any reasons it is required we will provide an Amendment for City Approval Assistant Transportation Engineers
DeliverablesTask 1 - Monthly Invoices and Progress Reports; PDT meeting notices, agendas, handouts/exhibits, and minutes; and Project Schedule and Master Files Task 2 - Base Maps; Preliminary Design Drawings; and GIS Mapping Task 3 - 35% PS&E; 65% PS&E and response to comments; and 95% PS&E and response comments Task 4 - Final Combined PS&E Package, AutoCAD, MS Office, and other files as requiredTask 5 - Respond to RFIs; Review Submittals; Design Changes as needed; and Record DrawingsTask 6 - As-needed basis Task 7 - As-needed services
TJKM Team
TJKM
Hours
by Task
TJKM
Cost by
Task
Task
Contingency (10%)
Task
No.

Support Staff
National Data
Surveying
Services (NDS)
(Vendor)
TotalSub-Total

Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment

July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: † 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:

21. Federal-Aid Project Number:
% 22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

City of Concord 3%
Street Lighting and Safety Improvements
City of Concord
T J K M x $741,227
$105,000 1
Traffic Engineering 40772
T J K M, Nayan Amin, 925.463.0611
[email protected] $636,227
636,227
86 5/30/2024
Nayan Amin 925.463.0611
President

Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment

July 23, 2015

INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering rejection of all bids submitted for the Civic Center Moat Restoration Project (Project No. 2708); and directing staff to re-advertise the Project for bids.

Report in Brief
The Civic Center Moat Restoration Project (Project) aims to restore the moat surrounding the Council Chamber building so it can be re-filled with water with fully operational fountain fixtures and light fixtures as originally constructed. See attached Location Map (Attachment 1).

The Project has been designed and competitively bid (see Attachment 2 – Bid Summary); however, the City of Concord (City) received only one bid, and it was significantly higher than the Project’s estimated construction budget. As a result, City staff will re-consider the scope of the Project and timing for re-advertising the Project.

Recommended Action
Reject all bids submitted for Civic Center Moat Restoration Project (Project No. 2708) and direct staff to re-advertise the Project for bids.

Background
The Civic Center moat was first constructed with the Civic Center’s original construction in the 1950s. There have been periods within the last decades where the moat was

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City Council Agenda Report
Agenda Item No. 4.l
June 25, 2024
emptied for various reasons from the need for repairs to drought. Stolen fountain heads, light fixtures, and wiring all lead to moat closures.

The moat was last filled with water in 2017, after a multi-year drought. Subsequently, it was redrained due to the fountain system and moat floor having developed leaks, and since has experienced issues including broken fountain heads, and missing and broken light fixtures. Now that the City has completed the recent HVAC Pipe Replacement Project to the Council Chamber building, the moat can be resurfaced, fully encasing the four HVAC pipes. The Project, once constructed, would restore the moat to fully operational again.

Analysis
The Project is currently unfunded, however staff had identified funding that could be used for a budget transfer at the time of contract award, to fund the construction contract, staff time, inspection, and the recommended authorized contingency amount for contract change orders.

Because the only bid received is more than twice the Engineer’s estimate, staff is recommending to reject all bids, and will consider potential modifications to the scope of work involved in the Project as well as timing for issuing a new request for bids in the hopes of getting more competitive bids closer to an engineer’s estimate Procurement Process
Construction Contract: The Project was advertised for construction bids, as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $200,000. Bids were opened on June 5, 2024. One (1) bid was received in the amount $517,339.00.

The basis of award for the Project is the Total Base Bid. The lowest bid was received from MVP Construction LLC (MVP) of Pacheco, CA. The bid summary showing the one bid received is attached (See Attachment 2).

MVP was the low bidder and submitted a responsive and responsible bid, however due to the significantly high bid price, staff recommends rejecting all bids.

The City’s Purchasing Ordinance (Concord Municipal Code Chapter 3.10) allows the City to reject all bids and (among other things) re-advertise. Before re-advertising, City staff will consider modifications to the scope of work.

Financial Impact
The Project is currently unfunded, with plans to approve a budget transfer in the future at the time of awarding a construction contract.

Environmental Determination
The rejection of a bid is not considered a project under CEQA guidelines. If the Project is re-bid and awarded in the future, the CEQA determination would be affirmed at that

City Council Agenda Report
Agenda Item No. 4.l
June 25, 2024
time.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. PJ 2708 Bid Summary

ATTACHMENT 1 – LOCATION MAP

City of Concord
Bid Sheet
PROJECT #2708 Bid Opening:

Civic Center Moat Restoration Wednesday,
June 5, 2024
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: $200,000 To be awarded: N/A
Reject Bids 6/25/24

COMPANY TOTAL BID
MVP Construction LLC
428 N. Buchanan Circle #15
Pacheco, CA 94553
$517,339.00
Contact: Kevin Wheat x3422

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) located in:

Zone 1G between Clayton Road and Concord Boulevard and
between Heather Drive/Mt. Diablo Creek and Ayers Road,
Ayers Road between Clayton Road and Myrtle Dr.; and Zones 1E & 1F between Ayers Road and Kirker Pass Road and
between Myrtle Drive and Mt. Diablo Creek:

1. Award of a Construction Contract in the amount $5,413,110 to Ghilotti Bros., Inc., for the Base Bid of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the
contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Financing Fund 407);

2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $642,880.63 (base agreement of $584,436.94 plus staff authority to spend up to a 10% contingency of $58,443.69) to provide construction
management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and

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City Council Agenda Report
Agenda Item No. 4.m
June 25, 2024

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance –
Phase C (Project Nos. 2606 & 2618) and directing the City Clerk to file a Notice of Completion.

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

Report in Brief
Residential Pavement Maintenance – Phase C (Project) consists of Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) and Pavement Maintenance - Zones 1E & 1F (Project No. 2618). The Project will rehabilitate pavement in three residential neighborhoods and one arterial road (see Attachment 1 for Location Maps).

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

Recommended Action

1. Award of a Construction Contract in the amount $5,413,110 to Ghilotti Bros., Inc., for the Base Bid of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report (Measure V Financing Fund 407); and

2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $642,880.63 (base agreement of $584,436.94 plus staff authority to spend up to a 10% contingency of $58,443.69) to provide construction management, material testing, and related services; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) and directing the City Clerk to file a Notice of Completion.

Background

City Council Agenda Report
Agenda Item No. 4.m
June 25, 2024
On June 2, 2020, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22, that was updated on June 6, 2021, with a mid-cycle update, and which included funding the design of the following four projects, grouped administratively, under Residential Pavement Design – Phase C:
 Pavement Maintenance – Zone 1G and Ayers Road (Project No. 2606) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 1G and a portion of the arterial Ayers Road from Clayton Road to Myrtle Drive (excluding sections outside the City of Concord’s (City) limits).

Treatments will include removing and replacing degraded pavement, repairing curb and gutter, and upgrading curb ramps. Cape seals, thin maintenance overlay (TMO), mill and paves, and related treatments are to be performed on the asphalt. Valley gutters will be constructed in some areas as part of the project to address drainage issues.
 Pavement Maintenance – Zone 1E & 1F (Project No. 2618) will focus on pavement treatments in residential areas in Pavement Maintenance Zone 1E and Pavement Maintenance Zone 1F. Treatments will include removing and replacing degraded pavement, repairing curb and gutter, and upgrading curb ramps. Cape seals, TMO, mill and paves, and related treatments are to be performed on the asphalt. Valley gutters will be constructed in some areas as part of the project to address the drainage issues.

During design, there was a community meeting on September 12, 2023. 3,027 notices were sent out and 5 people showed up. This meeting informed the residents in and around the affected neighborhoods about the treatment types and any striping or signage changes. Most resident comments were with the logistics and schedule of construction.

The project was shared with the Bicycle, Pedestrian Advisory Committee (BPAC) during their meeting on September 13, 2023, where striping and signage were presented to the BPAC. The striping plan directly reflects the City’s adopted Bicycle, Pedestrian and Safe Routes to Transit Plan. Striping changes from what is there now are minimal, only adding Class III (shared bike lanes or “sharrows” and respective signage) to Ayers Road and Olive Drive. BPAC and community members were in support of the designation of a shared bike route with minimal impact to residents of the community (e.g. no parking removal).

Analysis\Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. During the bid period, one addendum was issued. Bids were opened on May 30, 2024, and two (2) bids were received in amounts ranging from $5,413,110 to $5,498,000. The Engineer’s Estimate for the Total Bid was approximately $5,200,000.

Both bids are shown in the following table.

City Council Agenda Report
Agenda Item No. 4.m
June 25, 2024
BID SCHEDULE Total Bid
Engineer’s Estimate $5,200,000
Ghilotti Bros., Inc. $5,413,110
McGuire & Hester $5,498,000
Ghilotti Bros., Inc. (Ghilotti) of Concord, CA was the lowest bidder and submitted a responsive and responsible bid. Ghilotti has an appropriate and valid contractor’s license and has completed other CIP projects for the City, including Downtown Corridors Bicycle and Pedestrian Improvement Project, Project No. 2424.

Staff completed an analysis of Ghilotti’s bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. Ghilotti and its subcontractors are registered with the Department of Industrial Relations as required by SB 854.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on April 5, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Three (3) proposals were received.

Based on the analysis of the proposals, interviews, and references, Park Engineering of Orinda, CA (Park) was selected by Staff as the most qualified firm to provide construction management, inspection, and materials testing services for both Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) and Residential Pavement Maintenance – Zone 2L (Project No. 2626) in one single contract.

Staff and Park negotiated the scope of work and cost for the services and agreed upon a base amount of $584,436.94 as a fair and reasonable compensation for the services required in the RFP for both projects. Park’s material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
There are enough funds in the budget for the construction phase of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618). The Project will consist of the following funds during the construction phase:
 Pavement Maintenance – Zone 1G and Ayers Road
o Measure V Financing (Fund 407)
 Pavement Maintenance – Zone 1E & 1F

City Council Agenda Report
Agenda Item No. 4.m
June 25, 2024
o Measure V Financing (Fund 407)
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Sheet

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

4. Construction Contract

ATTACHMENT 1
Project Location Map
Residential Pavement Maintenance – Phase C
City Project Nos. 2606 & 2618
PJ 2606
PJ 2618

Project Location Map
Pavement Maintenance ‐ Zone 1G ‐ Project No. 2606

Project Location Map
Pavement Maintenance ‐ Zones 1E & 1F ‐ Project No. 2618

City of Concord
Bid Sheet
PROJECT #2606 & 2618 Bid Opening:

Residential Pavement Maintenance - Phase C Thursday,
May 30, 2024
2:30 p.m.

Garden Conference Room
Engineer’s Estimate: $5,200,000 To be awarded: $5,413,110.00

COMPANY TOTAL BID
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$5,413,110.00
McGuire & Hester
9009 Railroad Avenue
Oakland, CA 94603
$5,498,000.00
Contact: Justin Bosch x5008

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 25, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Park Engineering., 372 Village Square, Orinda, CA 94563 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on June 25, 2024 and expire on June 30, 2026.

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the construction management and materials testing for Residential Pavement Maintenance - Phase C, Project Nos. 2606 & 2618, and Residential Pavement Maintenance - Zone 2L, Project No. 2626 described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit

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A. However, shall in no event shall the amount CITY pays CONSULTANT exceed six hundred eightytwo thousand eight hundred eighty dollars and sixty-three cents ($682,880.63) for the term of this Agreement. The total includes the sum of the base contract of five hundred eighty-four thousand four hundred thirty-six dollars and ninety-four cents ($584,436.94) and a 10% contingency of fifty-eight thousand four hundred forty-three dollars and sixty-nine cents ($58,443.69). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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

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

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum

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Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

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

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

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

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

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during nonstandard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave,

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or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

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

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

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

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

CONSULTANT’s records, documents, calculations, and all other instruments of service

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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.

10. INDEMNIFICATION.

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

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

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

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

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

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

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

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

16. CONFLICT OF INTEREST.

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

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

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(2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

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

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

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

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

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or

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

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

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

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

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To CONSULTANT: Jaemin Park
President
Park Engineering
372 Village Square
Orinda, CA 94563
(925)257-2508
Email: [email protected]

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jaemin Park Name: Valerie J. Barone
Title: President Title City Manager
Address: 372 Village Square Address: 1950 Parkside Drive Orinda, CA 94563 Concord, CA 94519
Telephone: (925)257-2508 Telephone: (925) 671-3150
Email: [email protected]

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APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

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

THE SUM OF $682,880.63.

Account Code: 4079500C999 74250 / 4072606117 74250.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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.

Exhibit A to Attachment 3

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CONTRACT
THIS CONTRACT, made and entered into this June 25, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Ghilotti Bros., Inc.., P.O. Box 10268, San Rafael, CA 94912, hereinafter called "Contractor", for Residential Pavement Maintenance – Phase C, City Project Nos. 2606 & 2618.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control program, dig outs, rubberized cape seal (ARAM), slurry seal, curb ramps, valley gutters, miscellaneous concrete, striping and pavement markings; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

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

2. The Contractor agrees to receive and accept $5,413,110 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

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

Attachment 4

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4. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.

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

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

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

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

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

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

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

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

Ghilotti Bros., Inc.
a California corporation
By:_David Cantor_______________________
Contractor

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

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2618-115-74200 $5,413,110
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering acceptance and appropriation of $249,984 of Highway Safety Improvement Program (HSIP) Grant funds from the State of California (State) for RRFB Crosswalk Enhancements at 9 locations (Project No. 2696).

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15237, 15378, and/or 15061(b)(3).

Report in Brief
The City of Concord (City) applied for and was awarded a Highway Safety Improvement Program (HSIP) Cycle 11 Grant of $249,984 for the RRFB Crosswalk Enhancements (Project No. 2696) (Project). The Project upgrades nine (9) existing, uncontrolled crossing locations to enhance pedestrian safety with flashing beacon systems.

Recommended Action
Accept and Appropriate $249,984 of Highway Safety Improvement Program (HSIP) Grant funds from the State of California (State) for the RRFB Crosswalk Enhancements (Project No. 2696) at 9 intersections.

Background
On September 12, 2022, the City applied for Highway Safety Improvement Program grant funding for RRFB Crosswalk Enhancements (Project No. 2696) to install RRFBs

4.n

City Council Agenda Report
Agenda Item No. 4.n
June 25, 2024
at nine (9) intersections throughout the City. The HSIP grant funding is administered by the California Department of Transportation (Caltrans).

Below is the list of nine (9) intersections where the RRFBs are proposed to be installed (see Attachment 1 for Location Map):
 Claycord Avenue & Innwood Court
 Mendocino Drive & Orangewood Court
 Esperanza Drive & Moretti Drive
 Alberta Way & Academy Road
 Washington Blvd & Kelrose Court
 Solano Way & Hilltop Road
 N. 6th Street & Reva Drive
 N. 6th Street & Bonifacio Street
 Olivera Road & Sanford Street
On March 15, 2023, Caltrans notified the City that the HSIP grant application was approved by the State and selected for construction funding.

The design is currently funded by Measure J Local Funds (Fund 475). On February 14, 2024, a task order was awarded to Advanced Mobility Group (AMG) to provide design services for the Project. The design was completed in April 2024.

On April 23, 2024, the City submitted the Request for Funding Allocation for construction funds to Caltrans. On May 22, 2024, the City received approval and allocation for the Construction Phase of the Project from Caltrans.

The City plans to solicit bids from contractors in Summer 2024, with construction expected to occur in Fall 2024.

Financial Impact
This Council action will appropriate the HSIP grant funding (Fund 402) into Project No. 2696 for the Construction Phase. The total Project cost is estimated at $485,000 and the allocated HSIP funds is $249,984, requiring $47,616 of local match. It is estimated that the Project will need an additional $185,000 to fully fund the Project. City staff will request a budget transfer into the Project to cover any funding shortfall when the Project goes back to Council to award the construction contract.

City Council Agenda Report
Agenda Item No. 4.n
June 25, 2024
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065, appropriating grant funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, involves government funding/fiscal activities, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachment

1. Location Map

ATTACHMENT 1
Project Location Map
HSIP Cycle 11 – RRFB Crosswalk Enhancements
City Project No. 2696

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the Residential Pavement Maintenance – Zone 2L (Project Nos. 2626) located between Sunset Avenue and Contra Costa Canal and between Concord Boulevard and Clayton Road:

1. Award a Construction Contract in the amount $1,955,752.10 to Ghilotti Bros., Inc., for the Base Bid and Alternative A Bid for Residential Pavement Maintenance – Zone 2L (Project No. 2626); authorizing Staff to utilize the available project contingency for contract change orders that become
necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Revenue Fund 490 and Measure V Financing Fund 407);

2. Approve a related budget transfer of $650,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase C (Project No. 2606) to Residential Pavement
Maintenance – Zone 2L (Project No. 2626); and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Zone 2L (Project No. 2626) and directing the City Clerk to file a Notice of Completion.

4.o

City Council Agenda Report
Agenda Item No. 4.o
June 25, 2024
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement Maintenance – Zone 2L, City Project No. 2626 (Project), will rehabilitate pavement in Zone 2L, located between Sunset Avenue and Contra Costa Canal and between Concord Boulevard and Clayton Road (see Attachment 1 for Location Map).

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

Recommended Action

1. Award a Construction Contract in the amount $1,955,752.10 to Ghilotti Bros., Inc., for the Base Bid and Alternative A Bid for Residential Pavement Maintenance – Zone 2L (Project No. 2626); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Revenue Fund 490 and Measure V Financing Fund 407); and make the CEQA determinations as provided in this staff report;

2. Approve a related budget transfer of $650,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase C (Project No. 2606) to Residential Pavement Maintenance – Zone 2L (Project No. 2626); and make the CEQA determinations as provided in this staff report; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Zone 2L (Project No. 2626) and directing the City Clerk to file a Notice of Completion.

Background
On June 28, 2022, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2022-23 and 2023-24, which included funding the design and construction of Residential Pavement Maintenance – Zone 2L, City Project No. 2626. The Project will construct pavement improvements in this residential area which will include removing and replacing degraded pavement, repairing curb and gutter, and upgrading curb ramps. Valley gutters and a storm drain pipe will be constructed as part of the Project to address the drainage issues in this area.

City Council Agenda Report
Agenda Item No. 4.o
June 25, 2024
During design, there was a community workshop on October 17, 2023. This meeting informed the residents in and around the affected neighborhoods about the treatment types and striping and signage changes. Staff was aware of flooding issues on Stanford St, and the residents also brought up drainage issues along 5th St. This feedback from the residents helped guide the Project to include improvements that will alleviate flooding in this area, as well. The improvements include addition of valley gutters, replacement of pipes, and restoration of swales.

These community workshop comments were shared with the Bicycle, Pedestrian Advisory Committee (BPAC) at their meeting on October 18, 2023, where striping and signage changes were also presented. The striping changes directly reflect the City’s adopted Bicycle, Pedestrian and Safe Routes to Transit Plan. Striping changes are minimal for the Project and only added sharrows and signage for vehicles to share the road with bicyclists on The Alameda and Parkside Dr. Thus, BPAC and community members were in support of the designation of a shared bike route with minimal impact to residents of the community (i.e., no loss of residential street parking).

Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. During the bid period, one addendum was issued. Bids were opened on May 16, 2024, and one (1) bid was received. The Engineer’s Estimate for the Total Bid is approximately $1,760,000, which is shown with the one (1) bid in the following table.

BID SCHEDULE Total Bid
Engineer’s Estimate $1,760,000.00
Ghilotti Bros., Inc. $1,955,752.10
Ghilotti Bros., Inc. (Ghilotti) of San Rafael, CA was the lowest bidder and submitted a responsive and responsible bid. Ghilotti has an appropriate and valid contractor’s license and has recently worked on other CIP projects for the City of Concord, including Downtown Corridors Bicycle and Pedestrian Improvement Project, Project No. 2424.

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

Ghilotti is registered with the Department of Industrial Relations as required by SB 854.

Financial Impact and Budget Transfer Required
The current total budget for the Project is $2,032,912 in Measure V Financing (Fund 407) funds. The current budget does not have sufficient funds to award the construction contract with a 10% contingency, and cover Staff time, therefore a budget transfer is required to fully fund these total costs.

City Council Agenda Report
Agenda Item No. 4.o
June 25, 2024
Staff recommends a budget transfer in the amount of $650,000 to Residential Pavement Maintenance – Zone 2L (Project No. 2626) from Residential Pavement Maintenance – Phase C (Project No. 2606). These are Measure V Financing (Fund 407) dollars and investing them in the Project is appropriate. Residential Pavement Maintenance – Phase C is a fully funded project that will be awarded at the same Council meeting and has funds available to support this transfer without negatively impacting the project.

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

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Sheet

3. Construction Contract

ATTACHMENT 1
Project Location Map
Residential Pavement Maintenance – Zone 2L
City Project No. 2626
PJ 2626

Project Location Map
Pavement Maintenance ‐ Zone 2L

City of Concord
Bid Sheet
PROJECT #2626 Bid Opening:

Residential Pavement Maintenance - Zone 2L Thursday,
May 16, 2024
2:30 p.m.

City Manager's Conference Room
Engineer’s Estimate: $1,760,000 To be awarded: $1,955,752.10

COMPANY TOTAL BID
Ghilotti Bros., Inc.
525 Jacoby St.

San Rafael, CA 94901
$1,955,752.10
Contact: Justin Bosch x5008

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CONTRACT
THIS CONTRACT, made and entered into this June 25, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Ghilotti Bros., Inc.., P.O. Box 10268, San Rafael, CA 94912, hereinafter called "Contractor", for Residential Pavement Maintenance – Zone 2L, City Project No. 2626.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control program, digouts, rubberized, cape seal (ARAM), slurry seal, crack seal, curb ramps, valley gutters, storm drain pipe replacement, swale restoration, miscellaneous concrete, striping and pavement markings; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

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

2. The Contractor agrees to receive and accept $1,955,752.10 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the

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

4. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.

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

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

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

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

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

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

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

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

Ghilotti Bros., Inc.
a California corporation
By:_David Cantor_______________________
Contractor

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

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2626-115-74200 $1,955,752.10
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Housing & Community Services Manager [email protected]
(925) 603-5838
Subject: Considering adoption of a Resolution authorizing the City Manager to submit, on behalf of the City of Concord, the One Year Action Plan to the U.S. Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds allocated by the U.S. Department of Housing and Urban Development during Fiscal Year 2024/25.

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

Report in Brief
The City Council (Council) is requested to adopt a Resolution (Attachment 1) authorizing the City Manager to submit the City of Concord (City) One-Year Action Plan (Action Plan) to the U.S. Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds (CBDG) allocated by HUD during Fiscal Year (FY) 2024/25.

The Action Plan (Exhibit A to Attachment 1) outlines the programs and projects that will help meet the housing and non-housing needs of the lower income households and areas in our community. The Action Plan includes recommendations by the Community Services Commission (CSC) for funding a variety of public services programs, housing, capital improvements, and other projects through Concord’s Community Grant process.

4.p

City Council Agenda Report
Agenda Item 4.p
June 25, 2024
These recommendations reflect the third year of the current three-year grant cycle. The Action Plan is a subsidiary document of the 2020/25 5-Year Consolidated Plan (Consolidated Plan) and is required annually by the federal government from those jurisdictions that receive CDBG funding.

Recommended Action
Adopt a Resolution authorizing the City Manager to submit, on behalf of the City of Concord, the One Year Action Plan to the U.S. Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds allocated by the U.S.

Department of Housing and Urban Development during Fiscal Year 2024/25.

Background
The Consolidated Plan, Action Plan, and annual Consolidated Annual Performance Evaluation Report (CAPER) are required documents of jurisdictions receiving housing and Community Development Block Grant (CDBG) funds from HUD. The Consolidated Plan outlines priority housing and community development needs, as well as the objectives and strategies for meeting those needs. The Action Plan outlines the programs that will be funded to meet the needs identified as City Priorities in the Consolidated Plan. The CAPER, which is due 90 days after the close of the funding year, documents how well the City has done in meeting its goals for helping low- and moderate-income residents of Concord with the federal funding distributed under the CDBG program.

To be consistent with the Consolidated Plan and to provide funding security to grantees, the City’s grant process starts with a two-year funding cycle followed by a three-year cycle. In the first year, a specific grant amount is awarded. Second- and third-year funding is based on fund availability and grantee performance. Contracts are issued on an annual basis and adjusted proportionally among all grantees to account for fluctuations in funding. FY 2024/25 represents the third year of the current three-year cycle. No new applications will be accepted for 2024/25, as there is no additional funding available.

For the current three-year cycle, the online application for funding was released during a countywide kickoff meeting on October 7, 2021, with applications due no later than December 6, 2021. Applications submitted to Concord included the number of Concord residents served by the program.

For the application year (2022/23), the City received 17 applications in the Public Services category, two requesting funds for Economic Development/Microenterprise projects, and three requesting Childcare Development Fee allocations. Per HUD regulations, funding for Public Services is limited to 15% of the coming year’s grant, plus 15% of current year program income.

City Council Agenda Report
Agenda Item 4.p
June 25, 2024
The CSC met nine times between the first of January and mid-March 2022, to hear presentations from applicants and to review and discuss applications and made final funding recommendations. Those recommendations form the basis for the 2024/25 Action Plan
Analysis
The Action Plan describes those programs the City will support in FY 2024/25, which must be consistent with the Consolidated Plan. The CSC met on March 13, 2024, to review funding amounts and subrecipient performance, to approve funding recommendations for the third year of the grant cycle. The CSC was informed of the diminishing Child Care Developer Fee revenues and that the three agencies that received funding from Child Care Developer Fee were made aware of alternative City grant opportunities. 1
This year’s funding recommendations are shown in Attachment 2. Only organizations funded last year are proposed for funding for FY 24/25.

HUD has confirmed the City’s 2024/25 CDBG allocation is $1,019,502, a decrease of $28,567 from the FY 2023/24 CDBG allocation. Also allocated for 2024/25 is $241,288 in CDBG funds that were unused in prior years. Therefore, there is enough program income to make up for the decrease of funding, such that all funding allocations in year 3 match the year 1 and 2 allocations.

Repayment of past CDBG housing rehabilitation loans accumulate in the City’s Revolving Loan Fund (RLF) and must be expended for grants or low-interest loans to other qualified low-income homeowners. The balance in this fund is currently $179,208.66. Staff recommends that in addition to CDBG funds, $100,000 in RLF be allocated to Habitat for Humanity for the Housing Rehabilitation Grant and Loan Program for the coming year. The amount from the Revolving Loan Fund in addition to the amount from CDBG will dedicate a total of $375,417 to support approximately 12 to 15 grants or loans (depends on income level) to low-income homeowners of singlefamily homes and mobile homes. The program provides home repair loans, emergency repairs, weatherization, and accessibility grants to owner-occupied single-family residences in Concord.

For FY 23/24, the Housing Rehabilitation program provided grants of $25,000 and loans of $75,000 to qualified homeowners. This increase reflects the cost of materials and labor in recent years making it increasingly difficult to provide needed health and safety 1 As part of the FY 2023-24 and 2024-25 Biennial Budget Adoption, Council authorized staff to allocate $100,000 of Concord Pleasant Hill Health Care District reserves to the Childcare Program to cover the final two years of the three-year cycle. $100,000 adequately covered FY 23/24. Since Childcare Developer Fees were no longer a viable funding source for the Childcare programs, staff notified the three funded agencies and made them aware of the onetime grant funding through Concord Pleasant Hill Health Care funding reserves. All three agencies were successful in receiving CPHHCD funding.

City Council Agenda Report
Agenda Item 4.p
June 25, 2024
improvements within the previous grant amounts of up to $15,000. For instance, a basic roof replacement averages $18,000 and typically requires other repairs, as well. Those served by this program are primarily seniors on fixed incomes who have delayed regular maintenance due to the high cost of repairs. In order to better serve these residents, staff recommends that the maximum grant amount remain at the increased amount of $25,000 for this upcoming fiscal year and in future years (noted in resolution).

The City receives a small amount of Program Income (PI), of which 15% can be used for funding Public Services programs in the following year. For FY 2023/24, the City received $23,000 making an additional $3,450 available. Staff recommends that $3,450 of this amount be allocated to local nonprofits.

Financial Impact
The City of Concord would allocate a total of $1,264,317 in grant funding from Community Development Block Grant (CDBG), and Revolving Loan Funds (RLF) in FY 2024/25. Attachment 2, FY 2024/25 Action Plan Funding Recommendations, provides a breakdown of all funding recommendations. No General Fund monies would be allocated.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively "CEQA"), the allocation of CDBG, Program Income, and Revolving Loan Funds. Funds supporting public service programs, housing, capital improvement projects do not constitute a "project," within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 1506l(b), 15273, and 15378 because it involves government funding/fiscal activities, and there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if this were determined to be a "project" for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City's independent judgment and analysis.

Public Contact
The City Council Agenda was posted, and copies of the funding recommendations have been sent to all applicants.

Attachments

1. Resolution to submit City of Concord One-Year Action Plan to HUD Exhibit A: City of Concord FY 2024/25 Action Plan

2. Community Services Commission FY 2024/25 Funding Recommendation

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing the City Manager to
Submit, on behalf of the City of Concord, the One
Year Action Plan to the U.S. Department of
Housing and Urban Development Consistent with
the Program Rules which Govern the Receipt and
Expenditure of Community Development Block
Grant Funds Allocated by the U.S. Department of
Housing and Urban Development During Fiscal
Year 2024/25
Resolution No. 24-5
/
WHEREAS, the City of Concord has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant (CDBG) funds to help develop viable urban communities through providing decent housing, a suitable living environment, and economic opportunity for lower income residents; and
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a oneyear Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in each year of the five-year Consolidated Plan period; and WHEREAS, the City of Concord has received an allocation from HUD in the amount of $1,019,502 for Fiscal Year 2024/25; and
WHEREAS, the City of Concord, consistent with HUD's program rules on eligibility, has chosen to allocate all CDBG funds to a number of programs, activities and projects in support of HUD's National Objectives to primarily benefit low- and moderate-income persons, or serve to arrest or minimize the effects of slums or blight, or provide for urgent needs; and WHEREAS, the City of Concord will maintain a funding cap of $25,000 for home rehabilitation grants and a funding cap of $75,000 for home rehabilitation loans; and WHEREAS, the City of Concord has determined that the expenditure of these funds will have the cumulative effect of advancing the FY 2020/25 Consolidated Plan objectives in the short and longterm; and Attachment 1

Res. No. 24-XX 2
WHEREAS, on June 25, 2024, after giving all public notices required by State law and the Concord Municipal Code, the City Council held a duly noticed public meeting to consider this action; and
WHEREAS, at such public meeting, the City Council considered all testimony and information received at the public meeting, the oral report from City staff, and the written report from City staff dated June 25, 2024 ("City Council Information").

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

Section 1. The recitals above are true and correct and are incorporated herein by reference.

The recitals constitute findings in this matter, and together with the City Council Information, serve as adequate and appropriate evidentiary basis for the findings and recommendations set forth in this Resolution. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively "CEQA"), the allocation of CDBG, Program Income, and Revolving Loan Funds supporting public service programs, housing, capital improvement projects does not constitute a "project," within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 1506l(b), 15273, and 15378 because it involves government funding/fiscal activities, and there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if this were determined to be a "project" for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City's independent judgment and analysis.

Section 2. That the City hereby determines that it is appropriate to submit its 2024/25 oneyear Action Plan activities to the U.S. Department of Housing and Urban Development (HUD), detailing the City's plans for the expenditure of CDBG funds in accordance with the priorities

Res. No. 24-XX 3
outlined in the 2020/25 Contra Costa HOME Consortium Consolidated Plan and in support of HUD's national objectives.

Section 3. That the City Manager is authorized to disburse funds and execute all attendant documents and agreements, consistent with the City Council's designation and approval of the programs, activities, and projects to be undertaken during FY 2024/25 as designated in attached Exhibit A, and subject to City Attorney approval.

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 25, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 25, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Thomas S. Capriola
Senior Assistant City Attorney
Attachment: Exhibit A – City of Concord Draft FY 2024/25 Action Plan

Annual Action Plan
2024
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)

1. Introduction
For FY 2024/25, the City expects to receive $1,019,502 in CDBG funding and will allocate $241,288 in unallocated prior-year funds. CDBG funds are used by the City for affordable housing, homeless services, non-housing community development activities and administrative costs. In addition to CDBG funds, in this funding year the City will allocate $100,000 in Revolving Loan Funds for home rehabilitation loans and grants, and $3,450 in Program Income to Public Services programs.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan.

Following is a summary of the overall objectives identified in the 2020/25 Consolidated Plan and supported by the 2022/23 Action Plan:

Priority Need: Affordable Housing
AH-1: Maintain and preserve the existing affordable housing stock.

Priority Need: Reduce/Alleviate Homelessness
H-1: Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

The affordable housing and human services objectives of the Plan also address the needs of the homeless and the problem of homelessness.

Exhibit A

Annual Action Plan
2024
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
Priority Need: Non-Housing Community Development
Public Services
CD-1 General Public Services: Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons, and ensure access to programs that promote prevention and early intervention related to a variety of social concerns such as substance abuse, hunger, and other issues.

CD-2 Non-Homeless Special Needs: Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly/frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farmworkers.

CD-3 Youth: Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood.

CD-4 Fair Housing: Continue to promote fair housing activities and affirmatively further fair housing.

Priority Need: Economic Development
CD-5 Economic Development: Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

Priority Need: Infrastructure/Public Facilities
CD-6 Infrastructure and Accessibility: Maintain quality public facilities and adequate infrastructure, and ensure access for the mobility-impaired by addressing physical access barriers to public facilities.

Priority Need: Administration
CD-7 Administration: Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector, and administer federal grant programs in a fiscally prudent manner.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Annual Action Plan
2024
3 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City has made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan. CDBG-funded public service projects provided a wide range of social services and assistance to more than 72,000 residents and households, including the homeless, mentally, and physically disabled, seniors, victims of domestic violence, and other special needs populations. Funding for the City’s ADA Transition Plan provided curb, sidewalk and infrastructure improvements that removed barriers that restrict mobility and accessibility of elderly or disabled persons. The City’s Housing Rehabilitation Loan and Grant Program has provided grants and low-interest loans to lowincome homeowners for needed repairs and improvements.

The City has continued to focus on outcome-based performance measurements to ensure that needed services are delivered and that the results can be easily quantified. The City is currently completing its second year of the 2020/25 Consolidated Plan period and is on track to meet every Consolidated Plan goal/objective.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

A public review draft of the Action Plan was made available to the public from May 24, 2024, to June 24, 2024. A notice announcing the public review draft and the proposed City Council meeting for approval of the FY 2024/25 Action Plan was posted in the Contra Costa Times and on the City’s website on May 24th, 2024.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

To be included upon submission to HUD.

6. Summary of comments or views not accepted and the reasons for not accepting them To be included upon submission to HUD.

7. Summary
As required by the City's Citizen Participation Plan, the FY2024/25 Action Plan legal notice was published, and the document was available on the City's website and in hard copy at the City's administrative office for a 30-day public review beginning May 24, 2024. The 2024/25 Action Plan was approved by Council on June 25, 2024.

Annual Action Plan
2024
4 OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies - 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator CONCORD Community Development Department Table 1 – Responsible Agencies
Narrative
The City of Concord's entitlement grant is administered by the City under the direction of the Community Services Manager.

Consolidated Plan Public Contact Information
Leng Power, Community Services Manager
City of Concord
1950 Parkside Drive, Concord, California 94519
(925) 603-5838

Annual Action Plan
2024
5 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation - 91.100, 91.200(b), 91.215(l)

1. Introduction
The consolidated planning process requires jurisdictions to reach out to and consult with other public and private agencies when developing the Plan. The Plan itself must include a summary of the consultation process, including identification of the agencies that participated in the process.

Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

The City of Concord continues to works closely with public and private affordable housing providers and the Housing Authority of Contra Costa County, as well Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

In developing the 2020/25 Consolidated Plan and related objectives and outcomes, City staff consulted with the Contra Costa Council on Homelessness (CCCH) Executive Board, which provides advice and input on the operations of homeless services, program operation and program development efforts in Contra Costa County. CCCH is the working group of the CoC and membership includes representation from non-profit, governmental, housing development, law enforcement, faith-based, business, and homeless services providers as well as non-profit community and advocacy groups, the interfaith community, business organizations and other relevant community groups to implement key strategies identified in the County’s Ten Year Plan to End Homelessness. In addition, the City’s Community Services Manager is active in CCCH and is closely involved in homeless services Countywide.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS

Annual Action Plan
2024
6 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City does not receive ESG funds. ESG funds are received by Contra Costa County and are allocated in coordination with the CoC.

2. Agencies, groups, organizations and others who participated in the process and consultations

Annual Action Plan
2024
7 OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization County of Contra Costa Department of Conservation and Development Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
HOPWA Strategy
Economic Development
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Department of Conservation and Development was the lead agency in the development of the Contra Costa Consortium's Consolidated Plan. 2 Agency/Group/Organization Contra Costa Health Services Homeless Program Agency/Group/Organization Type Services-homeless
Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy

Annual Action Plan
2024
8 OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The County's Health and Homeless Services staff works closely with City staff to provide information on special needs populations, including homeless populations. It is anticipated that this consultation will result in improved coordination of services to the City's at risk and homeless populations.

Identify any Agency Types not consulted and provide rationale for not consulting Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care
Table 3 - Other local / regional / federal planning efforts Narrative
In addition to the organizations listed in this section significant aspects of the Plan development process included consultations with the CoC and its membership which is comprised of both public and private non-profit and for-profit entities, as well as private citizens. The Strategic Plan section of the 2020/25 Consolidated Plan, specifically SP-40, includes a complete listing of the entities through which the City will carry out the activities of its Consolidated Plan

Annual Action Plan
2024
9 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation - 91.401, 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In developing the 2020/25 Consolidated Plan, which informs the Action Plan, the Contra Costa Consortium held three public meetings and requested that those attending comment on the level of housing and community development needs Countywide and the relative priority of those needs by completing a survey. All public meetings were advertised in the Contra Costa Times. Recognizing that not all can attend public meetings and that the scope of a one-hour meeting is limited, the Consortium also provided an online survey. The survey was mentioned in all meeting advertisements and provided at all public meetings. A draft of the Consolidated Plan was made available for a 30 day public review and comment period.

To be consistent with the Consolidated Plan, the City’s grant process starts with a two-year funding cycle followed by a three year funding cycle.

In the first year, a specific grant amount is awarded. Second and third year funding is based on fund availability and grantee performance.

Contracts are issued on an annual basis and adjusted proportionally among all grantees for fluctuations in funding. FY 2022/23 is the first year of the next three-year cycle.

During the 2022/23 funding process, the City’s CDBG advisory commission, the Community Services Commission (CSC), held nine (9) properly noticed public meetings to hear presentations from local applicants and to discuss and determine funding recommendations for the three year funding cycle, July 1, 2022 – June 30, 2023, July 1, 2023 – June 30, 2024, and July 1, 2024 - June 30, 2025. The CSC's funding recommendations were approved by City Council on June 28, 2022.

The FY 2022/3 Action Plan was available for a 30-day public review period beginning on May 25, 2022, by posting of a legal notice. It was also available on the City's webpage and in hard copy at the Administrative office.

During the 2024/25 funding process, the City’s CDBG advisory commission, the Community Services Commission (CSC), held one properly noticed public meetings to hear funding allocations and review funding recommendations for the three year funding cycle, July 1, 2022 – June 30, 2023, July 1, 2023 – June 30, 2024, and July 1, 2024 - June 30, 2025 and make funding recommendations for the third year of the grant cycle. The CSC's funding recommendations were approved by City Council on June 25, 2024.

Annual Action Plan
2024
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
The FY 2024/25 Action Plan was available for a 30-day public review period beginning on May 24, 2024, by posting of a legal notice. It was also available on the City's webpage and in hard copy at the Administrative office.

Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting
Nontargeted/broad
community
none none n/a
Table 4 – Citizen Participation Outreach

Annual Action Plan
2024
11 OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
During the Consolidated Plan period, 2020/25, the City expects to receive approximately $1,000,000 annually in CDBG funding, for a five-year total of approximately $5 million. CDBG funds are used by the City for affordable housing, homeless services, non-housing community development activities and administrative costs. The table below provides a breakdown of these anticipated resources which are based on FY 2023/24 allocations.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 1,019,502 20,000 241,288 1,280,790 0
Concord will allocate funds
citywide to meet the needs of atrisk residents.

Table 5 - Expected Resources – Priority Table

Annual Action Plan
2024
12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds are coupled with local and private funds, allowing projects to compete for additional funding provided by tax credits, bonds, and state financing programs. An investment by the City makes projects more competitive in various funding competitions. All sources and types of funds are more limited due to the current economic climate and the demise of statewide redevelopment tax-increment funds. The City will continue to search for additional sources of funding from local, state, federal, and private sources in order to develop and deliver efficient and cost effective projects.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City owns two properties that may be used for housing purposes. For one property, Council entered into an Initial Exclusive Negotiating Agreement that gives a developer permission to study feasibility for 18 months of a mixed-use project that would include a residential component. Concord City Council has allocated $7.8 million to a nonprofit developer for the new construction of 62 units of affordable housing which began construction in late summer, 2022. The City is particularly interested in housing for veterans, seniors, disabled and the low-income workforce. Services to these communities are among the priorities identified in Concord’s 2020/25 consolidated plan.

Discussion
The City of Concord will utilize funds from the FY 2024/25 entitlement grant, as well as prior-year CDBG funds, Revolving Loan Funds, and Program Income, to provide services to further the well-being of the City's most at-risk residents.

Annual Action Plan
2024
13 OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 AH-1 Existing Housing
Stock
2020 2025 Affordable
Housing
Affordable
Housing
CDBG:
$435,417
Homeowner Housing
Rehabilitated: 15 Household
Housing Unit
2 H-1 Emergency Shelter
and Homeless Related
Svcs
2020 2025 Homeless CDBG:
$22,500
Public service activities for
Low/Moderate Income Housing
Benefit: 100 Households
Assisted
Overnight/Emergency
Shelter/Transitional Housing
Beds added: 10 Beds
3 CD-1 General Public
Services
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$50,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 9100 Persons
Assisted
4 CD-4 Fair Housing 2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$82,500
Public Facility or Infrastructure
Activities for Low/Moderate
Income Housing Benefit: 950
Households Assisted
5 CD-3 Youth 2020 2025 City of
Concord
Non-Housing
Community
Development
CDBG:
$10,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 25 Persons
Assisted

Annual Action Plan
2024
14 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 CD-2 Non-Homeless
Special Needs
Population
2020 2025 Non-Homeless
Special Needs
City of
Concord
CDBG:
$82,500
Public Facility or Infrastructure
Activities for Low/Moderate
Income Housing Benefit: 950
Households Assisted
7 CD-5 Economic
Development
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$40,000
Businesses assisted: 25
Businesses Assisted
8 CD-6
Infrastructure/Public
Facilities
2020 2025 Non-Housing
Community
Development
City of
Concord
Non-Housing
Community
Development
CDBG:
$300,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 8000 Persons
Assisted
9 CD-7 Administration 2020 2025 Administration City of
Concord
Administration CDBG:
$203,900
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name AH-1 Existing Housing Stock
Goal
Description
Maintain and preserve existing housing for low-income homeowners through rehabilitation activities.

Annual Action Plan
2024
15 OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Goal Name H-1 Emergency Shelter and Homeless Related Svcs Goal
Description
Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling. 3 Goal Name CD-1 General Public Services
Goal
Description
Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons, and ensure access to programs that promote prevention and early intervention related to a variety of social concerns such as substance abuse, hunger, and other issues. 4 Goal Name CD-4 Fair Housing
Goal
Description
Continue to promote fair housing activities and affirmatively further fair housing. 5 Goal Name CD-3 Youth
Goal
Description
Increase opportunities for children/youth to be healthy, succeed in school and prepare for productive adulthood. 6 Goal Name CD-2 Non-Homeless Special Needs Population
Goal
Description
Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly/frail elderly, disabled persons, victims of domestic violence, abused/neglected children, persons with HIV/AIDS, illiterate adults and migrant farmworkers. 7 Goal Name CD-5 Economic Development
Goal
Description
Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

Annual Action Plan
2024
16 OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Goal Name CD-6 Infrastructure/Public Facilities
Goal
Description
Maintain quality public facilities and adequate infrastructure and ensure access to public facilities for the disabled; Remove barriers to the safe travel of persons with disabilities and enhance public safety and accessibility; Provide or improve access to facilities for disabled persons.
9 Goal Name CD-7 Administration
Goal
Description
Support the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector, and administer federal grant programs in a fiscally prudent manner. Strategies include:
• To continue the collaborative administration with the other Consortia jurisdictions for the City’s community development and affordable housing programs undertaken under this Strategic Plan. This effort will include common policies and procedures for requests for the use of funds, Subrecipient reporting, record-keeping, and monitoring.

The City will also cooperatively further the efforts of the Contra Costa Council on Homelessness (CCCH).

Annual Action Plan
2024
17 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-35 Projects - 91.420, 91.220(d)
Introduction
The City will continue to fund local agencies that provide services that meet the needs of at-risk residents citywide.
# Project Name
1 Fair Housing Services
2 Serving All Foster Children
3 CORE Countywide (WC Nights & Weekends)
4 Crisis / 211 Contra Costa
5 Critical Safety Net Resources for Families and Individuals 6 Legal Services for Seniors
7 Collaborative Food Distribution
8 Ombudsman Services of Contra Costa
9 Rollie Mullen Center Emergency Shelter
10 Meals on Wheels (MOW)
11 Tenant/Landlord Counseling and Dispute Resolution Services 12 Winter Nights Family Shelter, Inc.
13 Senior Nutrition - CC Cafes
14 Family Justice Navigation Program
15 CIC Child Sexual Assault Intervention
16 Emerging Business Support Program
17 Healthcare Career Pathway
18 Home Rehab Loan & Grant Program
19 City of Concord Curb Ramp Program
20 CDBG Administration
21 Housing Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs

Annual Action Plan
2024
18 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information

Annual Action Plan
2024
19 OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name ECHO Fair Housing Services
Target Area City Of Concord
Goals Supported CD-4 Fair Housing
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description ECHO Housing is a HUD-approved housing counseling agency, and satisfies HUDs definition of Fair Housing Enforcement Organization and Qualified Fair Housing Enforcement Organization. ECHO affirmatively furthers fair housing by addressing discrimination in Antioch, Concord, Walnut Creek, and urban CCCounty; investigates allegations of discrimination; conducts audits to uncover discrimination, provides training to housing providers. LMC/05J
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
25 Families
Location Description Main Office: 770 A St, Hayward, California. Services are provided by phone and at various locations throughout the County.

Planned Activities Trained volunteers will provide advocacy, mentoring and representation services to abused and neglected children who are wards of the County’s Juvenile Dependency Court as a way to improve access to health and social services and a safe and permanent living situation.
2 Project Name CASA-Serving All Foster Children
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $11,250

Annual Action Plan
2024
20 OMB Control No: 2506-0117 (exp. 09/30/2021)
Description CASA secures, trains, and supports court-appointed volunteers to advocate for abused, neglected and abandoned children and youth during their uncertain journey in the foster care system. CASA advocates provide a powerful and consistent voice to provide these youth with safe and healthy environments in permanent homes, thereby reducing future homelessness, and increasing health, educational attainment, and long-term success. Program will provide services to 40 Persons.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
25 children will receive services.

Location Description Main Office: 2151 Salvio Street Ste 295, Concord, California Planned Activities A team of two outreach workers will deliver services to homeless individuals in encampments and on the streets, completing housing and service assessments and providing basic needs supplies such as socks, hygiene kits and emergency food. Teams will assist with the completion and submission of MediCal, CalFresh, and/or SSI applications and will link individuals to shelter and day centers. 3 Project Name CCC Health Services - Coordinated Outreach, Referral, and Engagement Program
Target Area City of Concord
Goals Supported H-1 Emergency Shelter and Homeless Related Svcs Needs Addressed Homelessness
Funding CDBG: $12,500
Description CORE teams conduct outreach to unsheltered persons and serves as an entry point into the coordinated entry system for unsheltered persons and work to identify, engage, stabilize and house chronically homeless individuals and families. The outreach teams will contact a minimum of 1083 homeless individuals to provide basic needs supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to C.A.R.E. Centers. Program will provide services to 150 Persons.

Target Date 6/30/2025

Annual Action Plan
2024
21 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 individuals experiencing homelessness
Location Description Services are provided where homeless individuals congregate including on the streets, in parks and along waterways.

Planned Activities A team of two outreach workers will deliver services to homeless individuals in encampments and on the streets, completing housing and service assessments and providing basic needs supplies such as socks, hygiene kits and emergency food. Teams will assist with the completion and submission of MediCal, CalFresh, and/or SSI applications and will link individuals to shelter and day centers. 4 Project Name Crisis / 211 Contra Costa
Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $12,500
Description The Contra Costa Crisis Center's call center is comprised of a 24 hour mental health crisis intervention service AND a 211 information and referral service. Both programs utilize a robust and continually updated social service database of local homeless, health and social services programs. Full-time professional staff and highly trained volunteers provide immediate crisis support service as well as immediate information and referrals 24 hours per day - to emergency shelters, emergency food programs, job training, health care and other services.

These programs serve both the mental health needs as well as the basic health and social service needs of people in crisis - to enable those in need to access resources in their community quickly and easily, allowing residents in need a single point of entry for a variety of resources. LMC/05Z
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
2,000 homeless and special needs residents will receive assistance.

Annual Action Plan
2024
22 OMB Control No: 2506-0117 (exp. 09/30/2021)
Location Description 307 Lennon Lane Walnut Creek, CA 94598 Planned Activities Trained counselors will provide immediate crisis mental health/suicide intervention services by phone 24 hours a day and will provide immediate information and referral services to persons who are presumed beneficiaries, including homeless persons, abused children, people over age 62, migrant farm workers, battered spouses, illiterate adults, severely disabled adults, and persons with AIDS. 5 Project Name Critical Safety Net Resources for Families and Individuals Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $15,000.00
Description The Monument Crisis Center offers wrap-around safety net services through on-site food distribution, direct referrals to shelter, referrals and workshops for financial assistance, referrals and access to health care and health care services, basic employment workshops, courtmandated community service programs, on-site legal and crisis support services. LMC/05Z
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
2,000 homeless and low-income individuals will receive services.

Location Description 1990 Market St, Concord, CA 94520
Planned Activities The Monument Crisis Center offers wrap-around safety net services through on-site food distribution, direct referrals to shelter, referrals and workshops for financial assistance, referrals and access to health care and health care services, basic employment workshops, court mandated community service programs, on site legal and crisis support services.
6 Project Name Legal Services for Seniors
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development

Annual Action Plan
2024
23 OMB Control No: 2506-0117 (exp. 09/30/2021)
Funding CDBG: $15,000
Description Contra Costa Senior Legal Services provides vital legal assistance to residents of the County aged 62 and over in areas such as eviction defense, protection from elder abuse and consumer
debt.(LMC(PB)/05A)
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 seniors will receive legal services.

Location Description 2702 Clayton Rd., Ste. 202 Concord CA 94519 Planned Activities Contra Costa Senior Legal Services provides services essential to the health and well-being of older residents of Concord to help them stay housed and to protect against elder abuse and unscrupulous consumer debt practices.
7 Project Name Collaborative Food Distribution
Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $12,500
Description Operate a year-round food program which collects and distributes nutritious food to low-income households through three of its direct food distribution programs: Food for Children, Senior Food Program, and Food Assistance Program. LMC/05W
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
5,000 Low-to-moderate income individuals will receive nutritious food Location Description Main Office/Warehouse: 4010 Nelson Avenue, Concord, California 94520. Food is distributed at various sites throughout the City.

Annual Action Plan
2024
24 OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities Operate a year-round food program which collects and distributes nutritious food to low-income households through three of its direct food distribution programs: Food for Children, Brown Bag for Seniors, and Food Assistance program.
8 Project Name Empowered Aging-Ombudsman Services of Contra Costa Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description Empowered Aging serves older and dependent adults who live in the nearly 500 long-term care facilities in Contra Costa County. The majority of the clients served are older adults (62+), with disabilities and impairments requiring care and assistance with at least three activities of daily living. Approximately 30% of those individuals are lowincome and more than half experience the effects of dementia and two additional co-occurring conditions such as diabetes, heart disease, mental illness etc. LMC(PB)/05Z
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
200 frail elderly and disabled residents will receive advocacy services.

Location Description Services will be provided in long term care facilities throughout the City Planned Activities Dependent adults and elderly residing in long term care facilities will have access to safe and secure environments through the advocacy of trained and certified Ombudsmen who investigate abuse and ensure compliance of facilities with Title 22 California Code of Regulation 9 Project Name STAND! Rollie Mullen Center Emergency Shelter Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000

Annual Action Plan
2024
25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Description STAND's Emergency Shelter can accommodate up to 24 adult survivors and their children who are fleeing from violent relationships for up to 3 months at no cost. As part of a continuum of care at STAND!, the Shelter provides clients with access to comprehensive supportive services including food, clothing, social and legal advocacy, vocational assistance, children's services, housing and other referrals, and evidence-based counseling transitioning clients toward independence.

LMC(PB)/05G
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
25 persons (10 women and their children) will receive emergency shelter and support services.

Location Description Shelter is located in an undisclosed location.

Planned Activities STAND’s Rollie Mullen Center will provide emergency shelter to 10 women and their children fleeing life-threatening violent relationships at no cost for up to 3 months. The shelter provides clients with access to comprehensive supportive services, including food, clothing, social and legal advocacy, vocational assistance, child care, housing referrals, and evidence-based counseling to aid in transitioning clients toward independence.
10 Project Name Meals on Wheels (MOW)
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description Meals on Wheels delivers nutritious meals to all frail, home bound seniors living in Contra Costa County to help them live at home in safety, in comfort and with dignity for as long as possible. Clients are 62+ years old, home bound, and are unable to shop and/or prepare meals for themselves. Seniors benefit from daily health and wellness checks from volunteer drivers and ongoing client monitoring through in-home visits by outreach workers. LMC(PB)/05A
Target Date 6/30/2025

Annual Action Plan
2024
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed
activities
150 seniors will receive a hot, nutritious lunch delivered to their home Location Description Main Office: 1300 Civic Dr, Walnut Creek, California 94596. Meals are delivered to seniors homes throughout the City.

Planned Activities Deliver nutritious meals to frail, home-bound seniors to help them to live at home in safety, in comfort, and with dignity for as long as they can.
11 Project Name ECHO - Tenant/Landlord Counseling and Dispute Resolution Services Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description ECHOs staff shall provide information and build community awareness with regard to housing rights and responsibilities to both tenants and landlords residing in Antioch, Concord, Walnut Creek, and Urban County. Services shall include telephone counseling regarding housing rights and responsibilities, dispute resolution, development and distribution of flyers and brochures, conducting housing clinics and community presentations. LMC/05K
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 low-to-moderate income Concord residents will receive Tenant/Landlord Services.

Location Description Main Office: 770 A St, Hayward, California. Services are provided by phone and at various locations throughout the County.

Planned Activities Concord residents will have access to Tenant/Landlord counseling services, as well as access to community activities throughout the year.

Legal advice and representation will be provided for housing issues that cannot be resolved through counseling.
12 Project Name Winter Nights Family Shelter, Inc.

Target Area City of Concord

Annual Action Plan
2024
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goals Supported H-1 Emergency Shelter and Homeless Related Svcs Needs Addressed Homelessness
Funding CDBG: $10,000
Description The project will provide rotating emergency shelter for homeless adults and their children. (LMC(PB)/03T)
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
Program will serve 10 homeless adults and children.

Location Description The shelter is located at various churches throughout the County on a two-week rotation
Planned Activities The project, which rotates to different churches for two week periods, will provide emergency shelter, food, tutoring, transportation, case management and housing placement assistance to homeless families from October through May each year.
13 Project Name Senior Nutrition - CC Cafes
Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description MOWDR SOS Senior Nutrition/C.C. Cafes program serves hot, nutritious lunches Monday-Friday to persons age 62 and older at six (6) senior centers: Bay Point, Concord, Crockett, Pittsburg, Rodeo, and Walnut Creek. Seniors receive a balanced, nutritious meal, and benefit from socialization opportunities with their peers and with volunteers.

LMC(PB)/05A
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
200 seniors age 62 and over will receive a hot, nutritious lunch.

Location Description Concord Senior Center 2727 Parkside Circle Concord, California

Annual Action Plan
2024
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities The Senior Nutrition/CC Cafes Program will serve hot, nutritious lunches Monday through Friday to persons age 62 and over at the Concord Senior Center.
14 Project Name Family Justice Navigation Program
Target Area City of Concord
Goals Supported CD-2 Non-Homeless Special Needs Population Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description Provide navigation services to victims of domestic violence, sexual assault, child abuse, elder abuse and human trafficking. LMC(PB)/05G Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
250 victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking will receive services.

Location Description 250 victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking will receive services.

Planned Activities Navigation services will be provided to victims of domestic violence, sexual assault, child abuse, elder abuse and human trafficking guide them to safety, self-sufficiency and empowerment.
15 Project Name CIC Child Sexual Assault Intervention
Target Area City of Concord
Goals Supported CD-1 General Public Services
Needs Addressed Non-Housing Community Development
Funding CDBG: $10,000
Description The Children's Interview Center program of CVS serves children sexual assault victims aged 2-17 years and their non-offending family members who are involved in child sexual assault investigations. We also provide services to developmentally disabled individuals of any age. These participants are referred from all areas and cities of our county and only by law enforcement and social services. LMC(PB)/05N Target Date 6/30/2025

Annual Action Plan
2024
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed
activities
Provide 65 child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services.

Location Description 2101 Van Ness Street, San Pablo, CA 94806 Planned Activities Provide child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services. 16 Project Name Monument Impact-Emerging Business Support Program Target Area City of Concord
Goals Supported CD-5 Economic Development
Needs Addressed Non-Housing Community Development
Funding CDBG: $20,000
Description Catalyze entrepreneurship and self sufficiency wages among low income immigrants and refugees in Concord by providing navigation and support to small business owners through the business formalization process. LMC/18C
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
10 low-to-moderate income individuals will receive individual advising.

Location Description Office: 3102 Delta Fair Blvd. , Antioch, CA 94509 Instructional site: Mt. Diablo Adult Education, 1266 San Carlos Avenue, Concord, CA 94518
Clinical sites: San Miguel Villa, 1050 San Miguel Rd, Concord, CA 94518 and Tampico Terrace, 130 Tampico, Walnut Creek, CA 94598 Planned Activities The program combines training needed for Certified Nursing Assistant certification with life skills, case management, career skills, job placement, and long-term follow-up
17 Project Name Healthcare Career Pathway
Target Area City of Concord
Goals Supported CD-5 Economic Development

Annual Action Plan
2024
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
Needs Addressed Non-Housing Community Development
Funding CDBG: $20,000
Description The Healthcare Career Pathway program equips low-income job seekers to enter the healthcare workforce as Certified Nursing Assistants and build stable careers while providing critical patient care to the low-income, aging population. The program combines training needed for certification with life skills, case management, career skills, job placement, and long-term follow-up.LMJ/18A
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
5 people will enter the healthcare workforce as Certified Nursing Assistants.

Location Description Office: 3102 Delta Fair Blvd. , Antioch, CA 94509 Instructional site: Mt. Diablo Adult Education, 1266 San Carlos Avenue, Concord, CA 94518
Clinical sites: San Miguel Villa, 1050 San Miguel Rd, Concord, CA 94518 and Tampico Terrace, 130 Tampico, Walnut Creek, CA 94598 Planned Activities The program combines training needed for Certified Nursing Assistant certification with life skills, case management, career skills, job placement, and long-term follow-up.
18 Project Name Home Rehab Loan & Grant Program
Target Area City of Concord
Goals Supported AH-1 Existing Housing Stock
Needs Addressed Affordable Housing
Funding CDBG: $275,417
Description Program assists Low and Moderate income Concord homeowners with loans and grants to rehabilitate their single family or mobile homes and address emergency, weatherization, security, handicap accessibility and other issues.

Target Date 6/30/2025

Annual Action Plan
2024
31 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed
activities
15 low- to moderate-income owner-occupied households will receive grants or loans to preserve the City's existing housing stock.

Location Description Repairs are done at the homes of low-income residents throughout the City.

Planned Activities The City's Housing Conservation Program will provide grants and loans for home repairs to low-income homeowners of single family homes and mobile homes. The program provides home repair loans, emergency repair and accessibility grants, weatherization and home security grants for seniors and lead-based paint abatement grants. 19 Project Name City of Concord Curb Ramp Program
Target Area City of Concord
Goals Supported CD-6 Infrastructure/Public Facilities
Needs Addressed Non-Housing Community Development
Funding CDBG: $300,000
Description Program installs curb ramps that provide access to sidewalks and public transportation and constructs/replaces sidewalks throughout the City where gaps and uplifted sidewalks create barriers for the mobility impaired.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
8,000 mobility impaired residents will have safe access to sidewalks and businesses.

Location Description Various locations throughout the City Planned Activities This project will implement portions of the City’s ADA transition plan by removing barriers, constructing sidewalks and installing curb ramps. 20 Project Name City Housing Administration
Target Area City of Concord
Goals Supported AH-1 Existing Housing Stock
Needs Addressed Affordable Housing

Annual Action Plan
2024
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
Funding CDBG: $160,000
Description Project provides funding for administration of the portion of the housing rehabilitation program that is CDBG eligible, including City of Concord and Habitat for Humanity staff time to administer the program and costs of loan processing, inspections, etc. Habitat for Humanity will administer the program including application review and approval, completion of contracts and loan documents and construction management. City staff will have oversight of the program including outreach to homeowners, final approval of loans, processing of payments to contractors and tracking expenditures for accuracy and appropriateness. (14H)
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
20 low-to moderate income owner-occupied households will receive assistance with loans or grants to preserve the City's housing stock Location Description City Offices: 1950 Parkside Drive Concord, California 94519 Habitat for Humanity Offices: 2619 Broadway, Oakland, CA, 94612 Planned Activities This project will administer CDBG funds for the housing rehabilitation grant and loan program in a manner that is fiscally responsible and that ensures compliance with all applicable Federal rules and regulations. The City will work with Habitat for Humanity to administer the program.
21 Project Name CDBG Administration
Target Area City of Concord
Goals Supported CD-7 Administration
Needs Addressed Administration
Funding $203,417
Description Administration of CDBG Program
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
Through the administration of CDBG funds, City staff will ensure essential services are provided to residents throughout Concord.

Annual Action Plan
2024
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
Location Description City Offices: 1950 Parkside Drive Concord, California 94519 Planned Activities City of Concord will administer CDBG entitlement grant program in a fiscally responsible manner and will ensure compliance with all applicable Federal rules and regulations.

Annual Action Plan
2024
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed CDBG Funds are allocated throughout the City of Concord to respond to priority needs.

Geographic Distribution
Target Area Percentage of Funds
City of Concord 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Concord does not allocate funds on a geographic basis. The City will prioritize the use of its CDBG funding for the conservation of affordable housing for low-income households and to address homelessness. Infrastructure improvements will be focused on those city-wide barrier removal priorities noted in the City’s ADA Transition Plan. Investments in public facilities and services serving the homeless, special needs populations and low to moderate income persons will be made by allocating funds to local organizations that provide services to low-income households throughout the City.

Discussion
CDBG Funds are allocated throughout the City of Concord to respond to priority needs.

Annual Action Plan
2024
35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 42 of 51 Annual Action Plan
2024
36 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction
High land and development costs constrain housing production throughout the Bay Area, and place a significant constraint on the production of housing for low- and moderate-income households. Contributing factors include the cost of land, materials, labor, fees and associated development requirements, sales commissions, and developer profits.

The Department of Housing and Urban Development defines affordable housing as housing for which the owner or tenant pays less than 30 percent of the household income. The cost of housing vis-à-vis income directly impacts the degree of affordability. If housing costs are high relative to income, there will be a correspondingly higher prevalence of borrowing in the case of homeowners, and overpayment in the case of renters. Overcrowding also increases as people turn to sharing homes and apartments to reduce housing costs. Furthermore, households with unaffordable housing costs will have less income available to spend elsewhere, and may have difficulty affording food, healthcare, transportation, or other goods and services.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City took several steps in recent years to remove governmental constraints that are barriers to affordable housing. These include adoption of additional Development Code technical revisions to clarify interpretations and streamline processing, implementation of the Downtown Specific Plan, adoption of the Todos Santos Design Guidelines, adoption of the Housing Element Update, launch of the Home Share Pilot Program, adoption of a Residential Tenant Protection Program, and working with the Contra Costa Water District to reduce facility reserve charges for small accessory dwelling units with the goal of reducing the hurdles and challenges involved in an effort to add to the City's affordable housing inventory. To further encourage accessory dwelling units and junior accessory dwelling units, the City reduced the size allowance to 150 sq. ft. for lots of any size and increased the size allowance to 1,200 sq. ft. for lots greater than 12,000 sq. ft. Another alleviated constraint included outlining the process for requesting payment of a parking in-lieu fee, which is subsidized below the actual cost of providing the parking on-site. The City has also completed a homeless strategic planning process and look to implement plan strategies. The process focused on data collection to understand factors that contribute to homelessness such as high housing cost and seek to leverage resources to

Annual Action Plan
2024
37 OMB Control No: 2506-0117 (exp. 09/30/2021)
meet the need of increasing housing options.

Discussion
As Concord looks to the future, the City is developing plans for key infill and other development sites that will shape the next phase of residential and commercial development in Concord. Planning for the City’s existing and future housing needs will be an essential element of this process, and the City in continuing its history of planning for housing for all segments of the population

Annual Action Plan
2024
38 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Priority is assigned based on the level of need that is demonstrated by the data that has been collected during the preparation of the Plan, the information gathered during the consultation and citizen participation process and the availability of resources to address these needs. Based on all of these components, affordable housing, homelessness, non-housing community development needs and grant administration are all considered “high” priorities.

Actions planned to address obstacles to meeting underserved needs Special needs groups such as elderly/frail elderly, persons with disabilities, persons who suffer from alcohol and other drug addictions, persons who are victims of domestic violence and persons living with HIV/AIDS live throughout the City. Given that these special needs populations have various obstacles to accessing housing and various services, the City of Concord will continue to provide CDBG funds for housing rehabilitation activities, public facility/infrastructure improvements, and public service activities that improve the quality of life for special needs groups.

Concord addresses the needs of children by funding various programs that assist low-income families, such as the Monument Crisis Center and the Food Bank. In addition, the City provides Child Care Developer Fees to the Mt. Diablo School District CARES After School program to provide after school activities that include sports, arts and crafts and healthy eating. This program provides on-site afterschool care to 1,200 children at five elementary and two middle schools.

The City also supports services that assist the homeless with accessing food, shelter, benefits and permanent housing. The CORE Outreach Team delivers services to homeless individuals in encampments and on the streets, providing basic needs supplies and connecting people to local services and housing. The City is utilizing resources to implement pilot programs to meet the need of vulnerable populations such as Rapid Rehousing services.

Actions planned to foster and maintain affordable housing In July, 2020, in an effort to curb the rising cost of rental housing in the City, the Concord City Council approved an ordinance that established the Residential Tenant Protection Program (RTTP). The program adds additional protections to State Legislation AB 1482, increasing the amount of relocation assistance to two times the monthly rent or $5,000, whichever is greater, and requiring that landlords offer minimum lease terms to tenants.

The Concord Naval Base Reuse Project includes a total of up to 12,280 housing units over a 30-year time horizon, with 25 percent of the units affordable to low income households. Such housing will occur through scattered sites, with proximate access to transit, and be spread throughout the development

Annual Action Plan
2024
39 OMB Control No: 2506-0117 (exp. 09/30/2021)
phases of the Specific Plan.

The City recently adopted a Homeless Strategic Plan which outlines strategies to increase interim housing options and emphasizes the need to work with system partners to increase overall affordable housing stock for permanent housing.

Actions planned to reduce lead-based paint hazards
Lead-based paint management and abatement has been incorporated into the City of Concord’s Home Rehabilitation Loan and Grant Program. Lead-based paint abatement grants up to $22,500 are provided to low-income homeowners (households earning at or below 80% of the Area Median Income [AMI]). The City requires that recipients of funds from the Housing Rehabilitation Loan and Grant program sign HUD’s Notification for Lead Based Paint and that any abatement required be included in the home’s repairs.

Actions planned to reduce the number of poverty-level families Concord employs a variety of strategies to help alleviate poverty in the City, including efforts to stimulate economic growth and job opportunities, and to provide residents with the skills and abilities required to take advantage of those opportunities. The City uses a portion of its CDBG funding to provide grants to non-profit agencies to operate the Public Services programs that serve the homeless and address fair housing issues in the community, which directly impact poverty-level individuals. Concord also funds economic development activities designed to support low-income individuals in achieving self-sufficiency through starting and/or growing micro-enterprises. The City, through its various departments, provides services and supports programs that promote personal responsibility, independence and self-sufficiency. The City seeks input from diverse stakeholders on best practices and evidence based models of economic mobility. Through the City's American Rescue Plan Act grant distribution in 2023, a proposal for a guaranteed income pilot was approved for award and has been in operation with early success in helping families meet basic needs.

Actions planned to develop institutional structure
The Contra Costa County Consortium was formed by the County of Contra Costa and the cities of Antioch, Concord, Pittsburg and Walnut Creek to develop a collaborative approach to administering and implementing the goals and objectives of their respective CDBG programs. The Consortium members coordinate Consolidated Planning efforts and have developed a streamlined process for applying for CDBG/HOME/ESG funds that allows applicants to complete one application for multiple jurisdictions and, once funded, complete one periodic performance report for all funding jurisdictions. This joint effort has eased the administrative burden for Subrecipients and allows jurisdictions to easily share information. Furthermore, the Consortia established a multiple-year funding cycle that has greatly reduced the time spent on completing and reviewing applications for both Subrecipients and

Annual Action Plan
2024
40 OMB Control No: 2506-0117 (exp. 09/30/2021)
CDBG/HOME staff respectively.

Each entitlement jurisdiction in the Consortia completes its own annual planning and allocation process, including preparation and completion of its annual Action Plan, as well as its Consolidated Annual Performance Evaluation Report (CAPER). These planning efforts have a high degree of coordination with Consortium members working together to closely align CDBG allocations, helping to maximize funding and to ensure collaboration between agencies.

Actions planned to enhance coordination between public and private housing and social service agencies
The majority of the City's goals and objectives within the Consolidated Plan and Annual Action Plan are met through activities that are carried out by Subrecipients that are primarily public and private agencies within the County, including non-profit organizations. There is ongoing concern about the long-term capacity of the non-profit community during these severe budgetary times and their ability to comply with often complex federal regulations and requirements in implementing federally funded programs. Concord will continue to support these agencies by providing technical assistance, helping to establish collaboration between agencies and with funding, when possible Discussion
The City of Concord works closely with public and private affordable housing providers as well Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact.

Annual Action Plan
2024
41 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 20,000

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 20,000
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

Annual Action Plan
2024
42 OMB Control No: 2506-0117 (exp. 09/30/2021)
Discussion
100% of CDBG funds allocated to the City of Concord will be used to benefit low to moderate income residents.

Attachment 2
Community Development Block Grant (CDBG)
2024/25 Funding
Agency Program 2024/25 Funding
Recommendations

PUBLIC SERVICES
CASA (Court Appointed Special
Advocates)
Serving All Foster
Children $11,250
Community Violence Solutions CIC Child Sexual
Assault Intervention $10,000
Contra Costa County Health Services
- Health, Housing, and Homeless
Services
CORE (Coordinated
Outreach, Referral,
and Engagement)
Countywide
$12,500
Contra Costa Crisis Center Crisis/211 Contra
Costa $12,500
Contra Costa Family Justice Alliance Family Justice
Navigation Program $10,000
Contra Costa Senior Legal Services Legal Services for
Seniors $11,250
ECHO (Eden Council of Hope &
Opportunity) Fair Housing Services $10,000
ECHO Housing
Tenant/Landlord
Counseling and
Dispute Resolution
Services
$10,000
Empowered Aging Ombudsman Services $10,000
Food Bank of Contra Costa & Solano Collaborative Food
Distribution $12,500
Meals on Wheels Diablo Region Senior Nutrition - CC
Cafes $10,000
Meals on Wheels Diablo Region Meals on Wheels
Program $10,000
Monument Crisis Center
Critical Safety Net
Resources for
Families & Individuals
$15,000
STAND! For Families Free of Violence Rollie Mullen Center Emergency Shelter $10,000

Winter Nights Family Shelter, Inc Winter Nights Family
Shelter $10,000
TOTAL PUBLIC SERVICES $165,000

INFRASTRUCTURE
City of Concord Engineering ADA Transition Plan $300,000 TOTAL INFRASTRUCTURE $300,000

ECONOMIC DEVELOPMENT
Monument Impact
Emerging Business
Support $20,000
Opportunity Junction
Healthcare Career
Pathway $20,000
TOTAL ECONOMIC DEVELOPMENT $40,000

HOUSING REHABILITATION
Habitat for Humanity
Housing Rehabilitation
Loan & Grant
Program (CDBG)
$275,417
Habitat for Humanity
Housing Rehabilitation
Loan & Grant
Program (Revolving
Loan Funds)
$100,000
Habitat for Humanity Administration $130,000
City of Concord
Housing
Administration $30,000
TOTAL HOUSING REHABILITATION $535,417
CDBG PROGRAM ADMINISTRATION $223,900
TOTAL FY 2024/25 CDBG FUNDING $1,264,317

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, General Services Manager
[email protected]
(925) 671-3141
Subject: Considering amending a professional services agreement with Ron Dupratt Ford of Dixon for Original Equipment
Manufacturer (OEM) parts and factory trained technician service to add $20,000 per year to the contract creating a new not-to-exceed amount of $100,000.00 per fiscal year for three years (Fiscal Year 2024/25/26) and a total contract not-toexceed amount of $380,000; and authorizing the City Manager to execute the Amendment in a form acceptable to the City Attorney. (Fleet Maintenance Fund).

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

Report in Brief
The current spending limit under the existing agreement with Ron Dupratt of Dixon is $80,000 annually. Staff is proposing to add $20,000 to the annual contract amount, creating a new not-to-exceed annual limit of $100,000. This increase is needed due to increases in price of replacement parts and service. As the new limit exceeds the City Manager’s authorization threshold, Council authority is needed. The existing contract expires June 30, 2024.

4.q

City Council Agenda Report
Agenda Item No. 4.q
June 25, 2024
Recommended Action
Authorize amending a professional services agreement with Ron Dupratt Ford of Dixon for Original Equipment Manufacturer (OEM) parts and factory trained technician service in the amount of $100,000.00 per fiscal year for a three year not to exceed amount of $380,000; authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The City’s Fleet Division has been purchasing Ford Motor Company OEM parts for more than 15 years. Ford OEM parts help to ensure availability and shorter response times, guaranteed quality parts, technical and engineering support when needed, like for-like value replacement, a manufacturer’s warranty, and return on investment. The City has a total of 265 vehicles and equipment in its inventory with the majority being Ford Motor Company.

Vendor contracts that are below a threshold amount (currently $85,000) can be approved by the City Manager unless when combined with other contracts occurring in the same year with the same vendor, the City is spending more than the threshold amount. The City has spent the entirety of this year’s authority and is requesting Council approval to amend the existing contract with Dupratt Ford to increase the authorized amount this year and the next two fiscal years (FY24/25/26).

The City has been in contract with Ron Dupratt Ford for parts and service since July 1, 2022. The cost of parts and service exceeds City Manager approval and requires Council authorization.

Analysis/Procurement Process
Over the last two fiscal years, the City has experienced an increase in parts costs of 53%, while the labor rate charged to the City has remained the same. Additionally, due to disruptions in manufacturer’s production cycles and their abilities to fill orders, the City has experienced a shortage of replacement vehicles. As vehicles are kept in service longer, Staff are approving costly repairs to keep vehicles in service that would normally be retired.

In May 2021 the City issued a formal request for bids (RFB) for Ford Motor Company OEM parts and factory trained technician service. The RFB requested pricing for parts to be based on a Wholesale Cost plus their markup. Authorized Ford dealerships do not set the price of their “Cost” [wholesale] for parts. Wholesale prices are set by Ford Motor Company; an Authorized Ford Dealership only has control over their markup.

Additionally, the RFB requested pricing for an hourly labor rate of factory trained technician service. The City relies on factory trained service for repairs that are not routine in nature and can’t be performed by City employed mechanics. The RFB also required bidders to provide an hourly labor rate to prioritize law enforcement/emergency

City Council Agenda Report
Agenda Item No. 4.q
June 25, 2024
Vehicles. It is sometimes necessary to send Police Department vehicles to a Ford dealership for work, and it is in the community’s best interest that the repair of police vehicles be prioritized above other, non-safety vehicles.

In May 2021, a request for bid (RFB) was issued (#2456). Issuing the RFB allowed the City to assess the surrounding market markup percentage for parts and employ a competitive bid process. The bid opening was held on May 20, 2021. The City received two bids: Ron DuPratt Ford of Dixon ($92,994) and Future Ford of Concord ($102,000).

After applying the 5% vendor preference to the Future Ford of Concord bid, making the Future Ford bid $97,000, Ron DuPratt Ford of Dixon was the winning bid at $92,994.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).

Financial Impact
Funding for this agreement is included in the adopted Fiscal year 2023/24 Fleet Operation fund.

Public Contact
The City Council Agenda was posted.

Attachment

1. Request for Bid #2456 – Ron Dupratt bid sheet

Attachment 1

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
925-603-5838
Subject: Receive information on the Hope Solutions proposal and consider budgeting $536,535 for Hope Solutions’ proposal to provide 12-units of permanent supportive housing for 5-years at the Valley Motel, located at 3590 Clayton Road, to serve chronically homeless individuals in Concord, funded from $5.2 million of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan.

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

Report in Brief
The City Council accepted a completed Homeless Strategic Plan (Plan) on February 6, 2024. The Plan was developed with extensive community engagement and includes a vision statement, six goal areas and six strategies for implementation.

On June 4th, the City Council received an update on implementation efforts for the Homeless Strategic Plan. At the June 4th meeting, as part of public comment on the Homeless Strategic Plan item, Council received information from Hope Solutions on a plan to expand their Permanent Supportive Housing portfolio in Concord by converting 12 rooms at the Valley Motel, located at 3590 Clayton Road, into studio apartments to serve chronically homeless singles from Concord. Council directed staff to bring the item back at the June 25th meeting for discussion and consideration.

5.a

City Council Agenda Report
Agenda Item No. 5.a
June 25, 2024
Recommended Action
Receive information on the Hope Solutions proposal and consider budgeting $536,535 for Hope Solutions’ proposal to provide 12-units of permanent supportive housing for 5- years at the Valley Motel, located at 3590 Clayton Road, to serve chronically homeless individuals in Concord, funded from $5.2 M of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan.

Background
Homeless Strategic Plan
Council identified homelessness in Concord as a Tier 1 Council Priority at the April 2022 goal setting workshop and, in one form or another, this challenge has remained a Tier 1 Council Priority since then. For Fiscal Year 2024-25 the priority reads as:

Implementation of the Homeless Strategic Plan: Council endorsed six strategies contained within the City’s Homeless Strategic Plan. Staff is working with Council to further define the specific actions towards implementation of these strategies that the City will pursue during Fiscal Year 2024-25; Council’s over-arching goal is to make progress implementing the Plan relying on funding from the one-time dollars set aside for this purpose throughout fiscal year 2024-

25. Within the Homeless Strategic Plan, the Council adopted the following Vision for the Plan:

The City of Concord envisions a community where every person has a safe, affirming, stable place to live. This vision endeavors to reduce homelessness through community involvement, collaboration with partner agencies, both government and non-government partners, and enhanced services that are carried out in a dignified compassionate and equitable manner.

Also, within the Plan, the Council established the following goals for the Plan:
 Increase coordination of emergency response efforts
 Strengthen system supports with government and non-government agencies  Create immediately accessible temporary housing
 Explore avenues of equitable support for target populations  Increase homeless prevention services
 Create a safe place for the unhoused to dwell
Additionally, during Plan adoption, the Council directed staff to include the following language.

City Council Agenda Report
Agenda Item No. 5.a
June 25, 2024
The City will work through 3rd party organizations to provide the programs and services as the first approach to implementing the Plan.

Council set aside $5.4 million in one-time funds allocated from Concord’s Measure V fund and the Federal American Rescue Plan Act (ARPA) funds for use in addressing Concord’s homeless challenges. A portion of this funding was allocated towards development of the Homeless Strategic Plan and $5.2 million remains in the fund for implementation of the Homeless Strategic Plan.

Hope Solutions
Hope Solutions describes itself on its website as, “Founded in 1997, by a coalition of local faith communities, to provide emergency support to homeless individuals, Hope Solutions has grown to the premier organization in Contra Costa County, providing permanent supportive housing and vital services to over 2,2000 of the most vulnerable members of the community.” Currently Hope Solutions offers Permanent Supportive Housing (PSH), Rapid Rehousing (RRH), Prevention/Diversion, Rapid Exit and intensive supportive services to families and individuals experiencing homelessness throughout Contra Costa County through various funding partnerships including with Contra Costa County Health Housing and Homelessness (H3), Contra Costa Behavioral Health Services, and the Housing Authority of Contra Costa County.

Project Description
Hope Solutions has provided a letter describing their funding request, it is Attachment 1.

Hope Solutions has secured $2,721,015 in funding from the Federal Department of Housing and Urban Development (HUD) to add at least 10 units of master leased PSH units for homeless singles for the next five years. Hope Solution is using that funding to expand their existing ACCESS (Assertive Choices Creating Empowerment through Services and Shelter) permanent supportive program for singles. Hope Solution’s ACCESS program has been in operation since 2015 offering permanent housing to formerly chronically homeless individuals with disabling mental health, substance abuse or medical issues, through multi-site, master leased single & double occupancy units throughout Contra Costa County.

In January of this year, Hope Solutions engaged with owners of the Valley Motel located in Concord, to explore converting the 12-unit motel into 12 studio apartments as part of the ACCESS expansion efforts. Hope Solutions believes the Valley Motel is an ideal property to utilize for new permanent housing due to a price point that would allow the provision of 12 units instead of 10. The property would also allow for service staff to be onsite and easily accessible to residents.

Hope Solutions has identified repairs and upgrades that would be necessary for the hotel property to make it eligible for conversion into permanent housing. The one-time repairs are detailed below and as part of Attachment 1. Hope Solutions is requesting assistance to cover the one-time repair/upgrade costs.

City Council Agenda Report
Agenda Item No. 5.a
June 25, 2024
Total General repairs and upgrades $90,000
Sprinkler estimate:
 Architect $45,000
 EBMUD Fire Service $40,000
 Fire Sprinkler System $65,000
 City Permit fees $5,000
Subtotal Sprinkler Upgrade $155,000
Total Repairs/Upgrades $245,000
The studio apartments at the Valley Motel would be occupied by single homeless individuals who have at least one disabling condition which can include mental health and/or substance addiction. Residents will be eligible for wrap around services in alignment with evidence-based, trauma-informed, and culturally responsive approaches to care. Support services range from medical, educational, vocational and skill building to live independently.

Program projected outcomes include at least 90% of residents will remain in permanent housing and will maintain or increase their income. The program also projects successful outcomes in connecting individuals to health insurance and benefits.

Hope Solutions utilizes the countywide Homeless Management Information System (HMIS) and measures performance in accordance with the County’s Permanent Supportive Housing program model guide. Reporting that is submitted to HUD as part of the Annual Performance Review will be shared with the City.

Hope Solutions is also seeking operating support for five-years to hire a clerk that would be available 24-hours from Thursday evening throughout the weekend, when regular staff is not on site. The cost of that coverage (48 hours per week at $22/hour) is $54,912 for the first year with a 3% COLA each year after. Five-year projection below and in Attachment 1.

Year 1 Year 2 Year 3 Year 4 Year 5 Total
Weekend
overnight
staffing not
covered by
HUD grant
$54,912 $56,559 $58,256 $60,004 $61,804 $291,535
Site Use and Entitlements
The Valley Motel is in the CMX (Commercial Mixed Use) zoning district, which requires City approval of a Use Permit to establish “Supportive Housing.” “Supportive Housing” is defined in the City’s Development Code as: “housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or offPage 4 of 164 City Council Agenda Report
Agenda Item No. 5.a
June 25, 2024
site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.”
Hope Solutions is aware of the requirement for a Use Permit and intends to apply for one.

Analysis
The project needs to obtain a discretionary land use permit (the required Use Permit), which includes a review and analysis pursuant to the California Environmental Quality Act. Consequently, at this point in time, Council is only being asked to consider whether it wants to budget the requested dollar amount for this project. If Council chooses to do so, the Finance Department will transfer $535,535 from the $5.2 million of one-time funding that Council has appropriated to support implementation of the Homeless Strategic Plan. This would leave approximately, $4.7 million for investment into other projects related to implementing the Plan.

Budgeting money to support this program is consistent with the Plan in the following three ways:
 by collaborating with partner agencies to reduce homelessness  by strengthening system supports with government and non-government agencies and
 by creating a safe place for the unhoused to dwell
Financial Impact
If Council approves this budgeting proposal, $536,535 from Project 2594 (will be moved to a new project (project number not yet created). This would leave a balance of approximately $4.7 million in project 2594 for the implementation of the Homeless Strategic Plan. This would also leverage a total amount of $2,721,015 of HUD funding over the five-year period.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (CEQA), the recommended actions do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment.

Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is

City Council Agenda Report
Agenda Item No. 5.a
June 25, 2024
no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Furthermore, the project application for a use permit will prepare the appropriate analysis and environmental documentation to fully evaluate any environmental impacts which will be considered at the time of the project is considered.

Public Contact
The City Council Agenda was posted and Hope Solutions was notified.

Attachments

1. Hope Solutions Request

2. Repair Pricer Report

3. Residential Inspection Report

June 10, 2024
Ms. Leng Power
Community Services Manager
City of Concord
RE: Request for capital funding to bring Valley Motel up to code to convert to 12 studio
apartments for chronically homeless singles and nominal services funding Dear Ms. Power,
Per your request, I am submitting a brief proposal for consideration by the City of Concord to fund capital improvements and modest ongoing operating expenses to convert the Valley Motel into 12 studio apartments for chronically homeless singles.

Hope Solutions is requesting $245,000 in one-time capital improvement support, and an additional $291,535 over five years for nominal operating support. The total 5-year request is $536,535.

Hope Solutions Experience
Hope Solutions (HS) heals the effects of poverty and homelessness by providing permanent housing solutions and vital support services to highly vulnerable homeless families and individuals in Contra Costa County. Founded in 1997 as a coalition of faith communities, Hope Solutions has become a trusted housing and services organization annually serving 3,000 of our community's most vulnerable members, including people with histories of chronic homelessness and disabilities, mental health and/or substance use challenges, survivors of domestic violence, homeless youth, and people living HIV/AIDS. HS plays many roles in our County Continuum of Care, operating Permanent Supportive Housing (PSH), Rapid Rehousing (RRH), Prevention/Diversion, Rapid Exit, and intensive support services.

We have strong funding partnerships and contracts with many County and State Departments including: Health Housing and Homelessness (H3), EHSD, Behavioral Health Services/MHSA, and Housing Authority of Contra Costa County (HACCC). This year, HS’s operating budget is over $17M and is comprised of 25 government contracts, 5 partnership agreements with other CBOs, and over $1.5M in private revenue sources.

Attachment 1

Project Overview
Over the last six months, Hope Solutions and the owners of the Valley Motel in Concord have been exploring a partnership to convert the 12-unit motel into 12 studio apartments dedicated to housing chronically homeless singles.

Hope Solutions has successfully raised funding through the Federal Department of Housing and Urban Development (HUD) to add at least 10 units of master-leased permanent housing with support services for homeless singles. The contract with HUD, which is for $544,203, will cover leasing and services costs for the project. The Valley Motel is an ideal property to utilize for these new housing units. Not only would Hope Solutions be able to master lease studio units at a price that allows us to house 12 new singles, but we would also be able to have services staff onsite housed in an auxiliary office space. Per our contract with HUD, the housing must meet certain quality standards and be offered in accordance with “housing first” principals. The owners of the Valley Motel are eager to offer their property to help address the homeless crisis in our community.

In our exploratory conversations with the owners of the Valley Motel and the City of Concord, we learned that the hotel would need some physical upgrades to make it eligible to convert to permanent housing for singles. The one-time total cost of repairs (detailed in the attached inspection and pricer report and a subsequent email from a vendor) are estimated to be $245,000. In brief, the repairs include electrical upgrades, new windows, and an expensive fire sprinkler system throughout the buildings.

We are seeking support from the City of Concord to:
1) Cover the one-time cost of capital upgrades to convert the motel to 12 studio apartments for homeless singles
2) Provide nominal annual operating support so Hope Solutions can hire weekend desk clerk staff (in addition to staff paid for through annual HUD funding) to ensure the property and tenants are well cared for.

Program Description
The studio apartments at the Valley Motel will be occupied by single homeless residents, with targeted outreach to City of Concord residents. Hope Solutions has been awarded over $544,000 annually through the Continuum of Care HUD application cycle to support this program. The funding is actually an expansion of our existing permanent supportive housing program for singles, called ACCESS (Assertive Choices Creating Empowerment through Services and Shelter). Since 2015, Hope Solutions has operated ACCESS, providing permanent supportive housing to 48 formerly chronically homeless individuals with disabling mental health, substance use, and/or medical issues in multi-site, master leased, single & double occupancy units located throughout Contra Costa County.

ACCESS Expansion allows us to add housing for an additional 16-18 clients. Six of the units used for ACCESS Expansion are newly constructed “cottages” located on the

grounds of Grace Presbyterian Church in Walnut Creek. We are proposing to house the remaining 12 residents in studio apartments through a long-term master lease with the Valley Motel in Concord.

ACCESS is a 100% special needs program so all residents have at least one disability; most disabilities are in the realms of mental health and/or substance addiction. The ACCESS program delivers on-demand supportive services provided by an interdisciplinary team of Case Managers and Property Managers to assist residents to achieve housing stability and to support clients to thrive. An individualized Action Plan is created for each client at the time of move-in, prioritizing the individual's goals, strengths and concerns. Goals may include accessing medical/mental health/substance abuse treatment, employment or benefits, or enhancing daily living skills. Hope Solutions employs trauma informed, and culturally responsive approaches with our program participants. All new residents move into a fully furnished unit, with most furnishings provided by volunteers/donors.

This comprehensive program projects the following outcomes: at least 90% of residents will remain permanently housed with the program or will exit to other permanent housing in the community; at least 90% of residents will maintain or increase total income by the end of the year or at exit of program; at least 80% of residents who enroll in the program without health insurance will have acquired it by annual update or program exit; and at least 80% of those who enroll in the program without non-cash mainstream benefits for which they would be eligible will have acquired at least one such non-cash benefit by annual update or program exit.

Hope Solutions has managed the ACCESS program since 2015 with consistent, positive outcomes in the realm of housing stability, stable income and linkage of residents to needed benefits/resources.

Hope Solutions' operations of its HUD-funded PSH programs are overseen by licensed clinicians (both services and property management) and all program staff receive ongoing training and support to ensure a consistent trauma informed approach.

Finances are overseen by the Chief Executive Officer and Chief Finance Officer, reporting to the organization's Board of Directors, who maintain active oversight to ensure the organization's long-term financial strength. Hope Solutions has detailed accounting practices and controls to ensure HUD funds are utilized according to grant requirements.

Since 2015, the ACCESS and our other PSH projects have successfully met their contracted deliverables without any administrative or fiscal management issues.

Unique Partnership with Valley Motel
The owners of the Valley Motel and Hope Solutions are interested in signing a 5-year master lease to start. Hope Solutions would master lease the whole property (including studio apartments and auxiliary space to use for staff offices and services). Residents will sign a sublease with Hope Solutions and will be held to all standards of HUD funded housing. Residents will pay 30% of their income towards rent, will be subject to federal housing rules/regulations, certify their income annually, and receive at least annual housing quality inspections. Residents will also be offered extensive voluntary support services to help them with health, education/employment, benefits advocacy, or whatever else they may need to be successful. If the partnership goes well (which we all assume it will) we will then sign an additional 5-year master lease. In our conversations with the owners, we have also expressed an interest in owning the hotel and have been assured that, if the owners decide to sell, we will be given “first right of refusal” to ensure these units remain available for our most vulnerable neighbors.

Hope Solutions’ award from HUD covers leasing costs and some staffing costs for property management and case management services. In addition to seeking support from the City for one-time capital costs, Hope Solutions is requesting nominal program support to hire 24-hour desk clerks to staff the property on the weekends.

Staffing Structure and Needs
Our HUD funding pays for the following staff positions to support both ACCESS and ACCESS Expansion:
 Portion of a Program Manager
 4 FTE Case Managers (to meet the County standard Case Management ratio of 1:15 for residents of PSH)
 2 FTE Property Managers
 1 FTE Peer Support Specialist
Hope Solutions has two decades of experience managing permanent housing units and providing intensive supportive services to highly vulnerable families and individuals in Contra Costa County. We bring a unique, fully integrated approach to housing and services by employing both a trauma-informed professional property management team as well as clinically supported case management team. Our teams work in close collaboration to provide a seamless set of services to our residents, while also ensuring upkeep of the units and maintaining harmony with the communities in which our residents live.

A Property Manager, who will be onsite during regular business hours M-Th, is responsible for day-to-day operations of the project once completed, including maintenance and upkeep, collecting rents, managing tenant turnover, and ensuring the property is run smoothly and within budget. Additionally, Hope Solutions will provide 24- hour support for rare emergencies or urgent resident needs that arise when the Property Manager is not available on site.

To provide additional support and security for residents of the Valley Motel, Hope Solutions is seeking nominal ongoing operating support from the City of Concord to hire 24-hour desk clerks for Thursday evenings through Monday morning. The cost of that coverage (48 hours per week at $22/hour) is $54,912 for the first year with a 3% COLA each year after.

Status of Use Permits and Land Use Entitlements
The Valley Motel’s change of use from R-1 to R-2 for this project triggers a requirement to install a fire sprinkler system and to pass through a permitting process. Here is a link to relevant CA building code: https://up.codes/viewer/california/ca-building-code2022/chapter/3/occupancy-classification-and-use#310. The premises will also need to pass through a HUD environmental review process; Hope Solutions receives assistance completing environmental reviews for our master leased properties from Gabriel Lemus, Assistant Deputy Director in the Housing & Community Improvement division of the Contra Costa County Department of Conservation & Development.

Budget Request
As detailed in the budget table below, the budget request includes one-time capital costs and nominal annual program support for 5 years.

The capital costs include:
1) 90,000 in estimated repairs, including electrical upgrades, windows, etc. as detailed in the attached inspection and pricer report
2) $155,000 in estimated costs to install a required fire sprinkler system as detailed in the attached email from Guy Dahan from Lowry Fire
The annual operating costs associated with hiring 24-hour desk clerks for the weekends start at $54,912 for the first year and increase by an estimated 3% each year for a total of $291,535 over 5 years.

With these small investments from the City of Concord, Hope Solutions would invest over $544,000 per year in the property and residents, or an estimated total of $2,721,015 over 5 years.

Valley Motel in Concord- Supportive Housing 12 Studio Apartment for Homeless Singles INCOME Year 1 Year 2 Year 3 Year 4 Year 5 5 Year Total
HUDgrant for leasingandsupport services 544,203 544,203 544,203 544,203 544,203 2,721,015

EXPENSES
One time expenses General repairs/upgrades 90,000 0 0 0 0 90,000 Sprinkler estimate: architect 45,000 0 0 0 0 45,000
EBMUDfireservice 40,000 0 0 0 0 40,000
Firesprinkler system 65,000 0 0 0 0 65,000
Citypermit fees 5,000 0 0 0 0 5,000
Subtotal sprinkler upgrade 155,000 0 0 0 0 155,000
Total repairs/updgrades 245,000 - - - - 245,000
Weekend overnight staffing (not covered by HUD grant) 54,912 56,559 58,256 60,004 61,804 291,535 HUD funded services and leasing costs 544,203 544,203 544,203 544,203 544,203 2,721,015 Income-expenses (299,912) (56,559) (58,256) (60,004) (61,804) (536,535) Payment
Hope Solutions would prefer up-front payment for the capital requests because it is difficult to float such a large amount of money while waiting for reimbursement from the City. We would request that the nominal staffing costs be incorporated in an annual cost reimbursement services contract.

Timeline
Once the requisite use permit is approved, the work can be completed in about three months and the residents can be moved in as soon as the work is done.

Performance Reporting
All data for residents of the Valley Motel will be inputted into the Homeless Management Information System and will track our progress against existing system defined performance measures as outlined in the County’s Permanent Supportive Housing program models guide.1 Hope Solutions’ Data Manager regularly reviews data for accuracy and timeliness and pulls regular reports to track outcomes and status of residents. Additionally, our data is reported to HUD through the Annual Performance Review and will be shared with City staff.

A sampling of the performance measures outlined in the Contra Costa Continuum of Care Program Models and Performance standards include: a) Maintain 95%-unit occupancy/voucher utilization unless the program is in lease up phase. b) Time between program enrollment and move into housing is 120 days or less. c) Housing retention and exits to permanent housing combined is 96% or greater. d) 80% of those who enroll in the program without health insurance, have acquired it by program exit/annual update, or project shows a 10% improvement from prior year if rate is below 70%. e) 80% of those who enroll in the program without non-cash benefits, for which they would be eligible, have acquired those benefits by program exit/annual update, or project shows a 10% improvement from prior year if rate is below 70%.

Thank you for your consideration of this request. Please reach out to me anytime with questions.

In partnership,
Deanne Pearn
CEO
Hope Solutions

3590 Clayton Rd
Concord CA 94519
PREPARED BY:

Pricing Team
Sent: Fri, 02 Feb 2024 19:08
Attachment 2

$88,194
The Whole Home Estimate Explained: You will notice that if you add up every item on your report, the total will never match the Whole Home Estimate total. Why? By using custom calculations we work out not only the individual cost to fix each item, but also the projected cost if ONE contractor per trade were to visit the property and fix all the items at one time. Don't worry, your report is not incorrect and the prices are not meant to match the totals.

Window/Glass Contractor $37738
Flooring Contractor $12970
DryWall/Painter $8698
Handyman $8138
Electrician $7841
Tile / Grout Contractor $4216
Landscaper $3261
Roofing Contractor $2617
Insulation Contractor $2007
Mason $1092
Plumber $877
Mold Testing Contractor $861
Gutter Contractor $640
Vent Contractor $438
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# Item Pg Action Projected
MASON.
1 There are sections of the stucco/siding that need to be patched and/or sealed and painted. 33 Patch wall covering in noted areas and seal to prevent moisture intrusion.
$1,092
Sub-Total (Mason). $1,092
HANDYMAN.
2 Flashing & trim pieces were improperly installed, which could result in moisture intrusion and damaging leaks. Recommend a qualified siding contractor evaluate and repair.
33 Repair noted areas and seal as needed. $1,018
3 The hatch is damaged or broken and should be replaced. 40 Install new hatch cover to improve efficiency and safety. $173 4 Have attic hatch\\'s properly insulated and sealed to prevent heat. 40 Install insulation as needed to improve efficiency. $168 5 The door handle or hinges are damaged and need to be repaired or replaced. 43 Repair damaged hardware. $121 6 There is water coming in from under the west laundry door. The weatherstripping should be replaced to prevent further damage. 45 Repair or replace weather stripping in noted areas. $131 7 Handrail ends shall be returned toward a wall, guard walking surface continuous to itself, or terminate to a post. 46 Install correct end on handrail to improve safety. $250 8 Door is damaged. Recommend having corrected or replace door. 48 Repair damaged door jamb. $259 9 All commercial buildings that include mix use for tenants on the second floor or greater should have a ramp for wheelchair accessibility. 108 Budget to install ramp and improve safety. $6,018 Sub-Total (Handyman). $8,138
ELECTRICIAN.
10 Circuit breaker was incorrectly wired / installed. This indicates that work was probably not performed by a licensed electrician and poses a safety hazard. Recommend that a licensed electrician check the entire panel and repair and replace as need. 28 Rewire or change breaker as needed to improve safety. $210 11 There is a breaker that is not fully installed and should be corrected. 28 Repair noted items to improve safety. $248 12 The use of incorrect or non-standard screws on the dead front cover of the electrical panel can pose a safety hazard. These screws may not securely fasten the cover, potentially allowing unauthorized access to live electrical components, which can result in electrical shock or other serious injuries.
28 Trip charge to secure with blunted screws to improve safety. $126 13 Knockouts are missing on the electric panel. This poses a safety hazard and it is recommended that the opening in the panel caused by the missing knockout(s) be properly sealed by a licensed electrician. 29 Price Included In Item 13. (Service panels and install as needed to improve safety).
14 Knockouts are missing on the electric panel. This poses a safety hazard and it is recommended that the opening in the panel caused by the missing knockout(s) be properly sealed by a licensed electrician. 29 Service panels and install as needed to improve safety. $292 15 Knockouts are missing on the electric panel. This poses a safety hazard and it is recommended that the opening in the panel caused by the missing knockout(s) be properly sealed by a licensed electrician. 30 Price Included In Item 13. (Service panels and install as needed to improve safety).
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# Item Pg Action Projected
16 Double tapping, also known as double lugging or double wiring, has been observed. This condition refers to the practice of connecting two separate electrical conductors or wires to a single circuit breaker terminal. Double tapping is considered a violation of electrical code standards and poses potential re hazard, safety, and operational concerns. 30 Install auxiliary bus bar to improve safety. $368
17 Water is leaking into the sub panel. This is hazardous and should be repaired by a certified electrician. 31 Service noted items on sub panels. $208 18 At the time of the inspection the receptacle did not have power and we were unable to test. Have corrected. 33 Find fault and repair noted outlets. $261 19 There is a junction box that is missing its cover and should be replaced. 34 Install and repair junction boxes as needed to improve safety. $141 20 Install smoke detectors in all bedrooms and on each level of the house. Carbon monoxide detectors should be installed within 15 ft of any sleeping area and on each level of the house for added safety. Units are not tested during inspection. We recommend installing new units upon move-in if existing units are older, and testing regularly for proper function. 47 Install more smoke alarms as needed throughout. $208 21 No gfci protection present. Recommend licensed electrician upgrade by installing ground fault receptacles in all required locations. 52 Budget to install GFCI in all noted required areas to improve safety.
$3,510
22 No GFCI protection present. Recommend licensed electrician upgrade by installing ground fault receptacles in all required locations. 57 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
23 No GFCI protection present. Recommend licensed electrician upgrade by installing ground fault receptacles in all required locations. 68 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
24 The stove is wired with an extension cord. This is not permitted and should be removed. 68 Install wire in conduit to replace extension cord. $252 25 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
73 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
26 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
81 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
27 One or more receptacles have been wired with reverse polarity. This can create a shock hazard. Recommend licensed electrician evaluate & repair. Reverse polarity is when the hot and neutral wires are wired in reverse. This can create situations where people get electrocuted by using appliances like a toaster or a lamp. 84 Service call to reverse wiring. $124
28 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
87 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
29 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
90 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
30 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
93 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
31 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
96 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
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# Item Pg Action Projected
32 No GFCI protection present. Have a licensed electrician upgrade by installing ground fault receptacles in all required locations.

Receptacles within 6 feet of water must be GFCI protected and properly labeled. If and outlet is ungrounded but GFCI protected it also must be properly labeled.
104 Price Included In Item 21. (Budget to install GFCI in all noted required areas to improve safety. ).
33 All laundryare required to have and exhaust fan or openable window to exterior. This should be corrected. 106 Install exhaust fan in noted location, vented to exterior with correct flashing if possible.
$1,893
Sub-Total (Electrician). $7,841
DRYWALL/PAINTER.
34 As general maintenance, we recommend properly sealing / caulking all utility penetrations, dried caulking, areas around windows and doors, and all other potential penetration points.
34 Correctly seal noted windows to extend life of frame. $378 35 At the time of the inspection multiple areas in the wall showed holes from Nails, screws, and minor patchwork, as well as minor staining. No major damage evident. We recommend general maintenance. 45 Patch areas of sheetrock and paint areas noted throughout including loose tape.
$1,312
36 During the inspection, some cracks were observed in various areas of the home, which may be a result of normal settling. It is recommended to have a licensed professional evaluate the severity of the cracks to ensure they are not indicative of a larger issue.

Repairs, if needed, can be made to prevent further cracking and ensure the structural integrity of the home. 45 Price Included In Item 35. (Patch areas of sheetrock and paint areas noted throughout including loose tape. ).
37 Stains on the walls visible at the time of the inspection appeared to be the result of moisture intrusion. The source of moisture may have been corrected. Wall cracking evident. Mold was also present and should be mitigated. Recommend further examination by a qualified contractor to provide conrmation.
46 After leak detection patch moisture damaged areas noted on the report.
$6,622
38 During the inspection, some cracks were observed in various areas of the home, which may be a result of normal settling. It is recommended to have a licensed professional evaluate the severity of the cracks to ensure they are not indicative of a larger issue.

Repairs, if needed, can be made to prevent further cracking and ensure the structural integrity of the home. 49 Price Included In Item 35. (Patch areas of sheetrock and paint areas noted throughout including loose tape. ).
39 Wall show signs of damage, repair as needed. 49 Price Included In Item 35. (Patch areas of sheetrock and paint areas noted throughout including loose tape. ).
40 At the time of the inspection multiple areas in the wall showed holes from Nails, screws, and minor patchwork, as well as minor staining. No major damage evident. We recommend general maintenance. 49 Price Included In Item 35. (Patch areas of sheetrock and paint areas noted throughout including loose tape. ).
41 The caulking around the perimeter is cracked or damaged and needs to be redone. 97 Seal and caulk as needed in noted locations and penetrations. $386 42 The wall is damaged and needs to be repaired. 97 Price Included In Item 35. (Patch areas of sheetrock and paint areas noted throughout including loose tape. ).
43 There is moisture damage noted on the walls or ceilings. These areas should be repaired or replaced as needed. 105 Price Included In Item 37. (After leak detection patch moisture damaged areas noted on the report).

Sub-Total (DryWall/Painter). $8,698
PLUMBER.
44 A leak was noted at the sink See picture for location. Refer to qualified plumber for correction. 67 Service to repair leak and change to correct connections. $147 02-02-2024 www.repairpricer.com | 5/8
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