1 COUNCILMEMBERS
Carlyn S. Obringer, Mayor
Laura M. Nakamura, Vice Mayor
Dominic D. Aliano
Pablo Benavente
Laura M. Hoffmeister
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse Authority
Tuesday
March 25, 2025
5:30 p.m. – Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in- person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
Please note – the meeting will start at 5:30 p.m.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/82946581916?pwd=RR00bVQJdhZYTI5XkCHA_5asBIg2 oQ.jyjFTklNpRa8QiL_or Zoom Webinar ID: 829 4658 1916 and Passcode: 699004 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.If a Councilmember is participating remotely during the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand.
The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:
OPEN SESSION
1. OPENING
Roll Call - Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remote Pursuant to AB 2449.
Pledge of Allegiance - Vice Mayor Nakamura
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above a. Written Public Comment
3. PRESENTATIONS
a. Presentation – to Linda Haddad, American Red Cross Northern California Coastal Region, proclaiming March 2025 as "American Red Cross Month" in the City of Concord. Presentation by Mayor Obringer.
b. Presentation – to representatives from AAUW Concord Branch, proclaiming March 2025 as "Women's History Month" in the City of Concord.
Presentation by Mayor Obringer.
4. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR
1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:
Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840
2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir
3. Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 The public is entitled to address the City Council/LRA on items appearing on the Consent Calendar before or during the City Council’s/LRA’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.
CITY COUNCIL CONSENT CALENDAR
a. Considering – adoption of Ordinance No. 25-2 entitled, "An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Section
18.200.070 (Standards for Specific Uses - Emergency Shelter and Homeless Shelters) (PL23176-MC)." Ordinance No. 25-2 was introduced on February 25, 2025, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3). b. Considering – approval of an amendment to a Professional Services Agreement for construction management in the amount of $189,850 (for a new not-to-exceed amount of $904,850) with Swinerton Management & Consulting for the Willow Pass and Landana Sewer Capacity Improvement Project; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Funded by Sewer Enterprise Funds).
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065. c. Considering – the following actions:
1. Award of a construction contract in the amount of $7,563,000 to Bay Cities Paving & Grading Inc. for the Residential Pavement Maintenance Phase E Project (City Project Nos. 2613 & 2621) (which includes (a) Residential streets located south of Cowell Road and Concord Community Park, between Ridge Park Drive and St. Francis Drive, and (b) east of Port Chicago Highway between East Olivera Road and Bonifacio Street, and (c) the portion of Port Chicago Highway between East Olivera Road and Concord Blvd); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
5 2. Approval of a $1,980,000 budget transfer and appropriation to the Residential Phase E Project from Pavement Maintenance - Zone 2O Project (Fund 407, Measure V Lease-Revenue – PJ 2624) to PJ 2621; and
3. Authorizing the City Engineer to accept improvements upon completion of Project Nos. 2613 & 2621 and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
LOCAL REUSE AUTHORITY CONSENT CALENDAR
d. Considering – the adoption of 12 Professional or Legal Services Agreements (Agreements) for various consultant services for the Local Reuse Authority’s (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $2,761,036 through March 31, 2026; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Funded through Reimbursement Agreement Deposits to LRA by BCUS Acquisitions LLC (Brookfield). Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt under Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.
After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – introduction of an Ordinance amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to revise existing provisions thereof, including but not limited to adjusting the Annual Allowable Rent Increase and the applicability of the “just cause for eviction” provisions to rented single-family homes and condominiums by reading of the title only and waiving further reading. Report by Sophia Huckabay, Housing Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
6. CORRESPONDENCE
6 Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Ann Ewing, Chairwoman for the Data Institute, re: Redevelopment Assessment - 2000 Clayton Technology Building - March 3, 2025 b. Letter to California State Assembly Member Avila Farias re: Congratulations and looking forward to successful partnerships - March 3, 2025 c. Letter to Contra Costa County re: support for the initiation under section 1135 of a Study of Alternatives for Fish Passage at Drop Structure #1 on Walnut Creek in Concord, California - March 3, 2025
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a. Report out by Vice Mayor Nakamura on the CA League of Cities Planning Commissioners Academy held March 5-7, 2025.
b. Report out by Councilmembers Aliano and Benavente and Mayor Obringer on the National League of Cities Congressional City Conference held March 10-12, 2025.
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/1/2025 6:30PM
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the 7 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
From: JoAnn Hull <[email protected]>
Sent: Wednesday, March 19, 2025 2:54 PM
To: City Clerk <[email protected]>
Subject: Treat Blvd and Clayton Road Belair shopping center To the Counsel board, I am contacting you this way as I am unable to drive at night and would have liked to attend Marsh 25,2025 so I have been a resident of Concord since 1955 and live in District 1 in many areas.I own my home. I am concerned about Belair Shopping center I believe Area 6. We had a thriving shopping center, Luckys, Post office, Beedes, and many little shops. Now due to Covid and high thefts and many businesses having to close, we have Staples (which was Luckys where I got my first job) Jerome is the manager there and many people go there, including me and teachers to get school supplies for their students and people who need supplies for their professions. Also we have the same small post office that is still there and they tried to make it bigger, CVS has had alot of hard times with theft until they corrected it and then we have.Shawn auto job on the corner of Treat Blvd and Clayton Road. He is a private owner of his job for 29 years and lives locally near his work. I recently had work done and had 3 people give me his name and when you have locals giving word of mouth comments about him, that is like gold to a business person and they are all established there. I understand a store backed out and if you got a store or Target to come in revitalizes the areas like the center directly on the other side of Treat Blvd. The groups I spoke about should not be moved as they deserve to have their jobs and be misplaced. I don't want low income to be there if possible. I know the need for that low income housing is important, but I believe K-Mart is great as there is a vast area to work with. We all know the grid lock on all our streets and how each one is used by people who are not residents and it will always be a problem. I am concerned that this shopping center can be saved and hope you will consider the business's and their part in my community. Thank you for letting me voice my opinion. Sincerely Jo Ann Hull 4272 Carter court Concord Calif.
Attention City Clerk If any questions please call 925-825-2150 Landline, leave a message and I will call you back. Email- jfhnana48@gmail,com
2.a
Ord. No. 25-2 1
ORDINANCE NO. 25-2
AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE, TITLE
18 (DEVELOPMENT CODE), SECTION 18.200.070 (STANDARDS FOR SPECIFIC USES – EMERGENCY SHELTER AND HOMELESS
SHELTERS) (PL23176 - MC)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the State of California Legislature has found and declared the availability of housing is a statewide concern and priority; and
WHEREAS, the State of California has found that local governments have a responsibility to facilitate the development of housing for all economic segments of the community (Government Code 65580(d)); and
WHEREAS, to facilitate the development of supportive housing, low barrier navigation centers, and emergency shelters, the State of California has enacted Assembly Bill 139 (2019) to, among other things, limit the objective management and development standards that a local government can establish for emergency homeless shelters; and
WHEREAS, the City has adopted and the California Department of Housing and Community Development has certified a 2023-2031 Housing Element in compliance with state law that includes goals for providing a balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord, and promoting the expansion of housing opportunities for all groups with special housing needs; and WHEREAS, the 2023-2031 Housing Element includes goals to facilitate housing to meet the needs of all income groups residing or who wish to reside in Concord, including those experiencing homelessness. More specifically Program 22.6 includes facilitating emergency shelters to promote the expansion of housing opportunities for all groups, including those with special housing needs; and
4.a4.a
Ord. No. 25-2 2
WHEREAS, the City finds that the housing supply shortage for persons with special housing needs is detrimental to the public health, safety, and welfare and that it is a public purpose of the City, and a public policy of the State of California, to make an adequate supply of housing available for persons with special housing needs; and
WHEREAS, on July 17, 2024, the Planning Commission held a duly noticed public hearing relating to amendments proposed to Concord Municipal Code, Title 18 (Development Code), Chapter
18.200 (Standards for Specific Uses) which, among other things, proposed amendments to the Emergency Shelters and Homeless Shelters Ordinance for consistency with state law and implementation of the 2023-2031 Housing Element and voted 5-0 (Ayes: Mizutani, Laub, Barbour, Corio, Kaushal) to adopt a Resolution No. 24.10 recommending City Council approve the Ordinance amending the above municipal code; and
WHEREAS, on August 13, 2024, City Council held a duly noticed public hearing relating to amendments proposed to Concord Municipal Code, Title 18 (Development Code), Chapter 18.200 (Standards for Specific Uses) which, among other things, proposed amendments to the Emergency Shelters and Homeless Shelters Ordinance for consistency with state law and implementation of the 2023-2031 Housing Element; and
WHEREAS, at their August 13, 2024 public hearing, City Council voted 5-0 (Hoffmeister, Nakamura, Aliano, Birsan, Obringer) to adopt Ordinance No. 24-5, with a request that staff return with further amendments relating to screening requirements for outdoor waiting areas, storage locker size, the amount of bicycle storage, and hours where security is present; and WHEREAS, on September 10, 2024, City Council adopted Ordinance No 24-5 to, among other things, amend Concord Municipal Code, Title 18, (Development Code), Chapter 18.20 (Standards for Specific Uses); and
WHEREAS, staff developed amendments to the Concord Municipal Code, Title 18 (Development Code) Chapter 18.200 (Standards for Specific Uses) based on the recommendations made
Ord. No. 25-2 3
by City Council at the August 13, 2024 public hearing; and WHEREAS, the City Council, after giving all public notices required by state law and the Municipal Code, held a duly noticed public hearing on February 25, 2025, to consider the proposed amendments to Concord Municipal Code, Title 18 (Development Code) Chapter 18.200 (Standards for Specific Uses); and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated February 4, 2025, attached materials, exhibits presented, and all other information that constitutes the record of proceedings relating to the Ordinance, which is maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.
Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.
Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the proposed Municipal Code amendments are exempt from CEQA pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2) or 15378 in that they do not constitute a “project” as defined by CEQA since they do not have the
Ord. No. 25-2 4
potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
If the Ordinance did constitute a “project” under CEQA, the Ordinance falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding project 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…” Therefore, the proposed Ordinance does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.
Section 5. Development Code Amendment Findings
1) The proposed amendment is consistent with the general plan.
The proposed amendments consist of updates to a section within the Development Code to establish additional objective standards and are in conformance with the General Plan by promoting the expansion of housing opportunities for all groups with special housing needs, such as emergency shelters. The proposed amendments are also internally consistent with all other provisions and elements of the General Plan and implement Housing Element Program 22.6.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
To further assist California’s unhoused population, the State has adopted laws to accelerate development for emergency shelters. The proposed amendments would implement state law requirements in addition to the Housing Element. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendments will serve the City’s public interest by facilitating and streamlining the review of special needs housing projects that will provide assistance to the City of Concord’s unhoused population. In the event the City has discretion on projects facilitated by the proposed amendments, the City will evaluate the projects against
Ord. No. 25-2 5
applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the city.
3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.
These amendments do not include any amendments to the zoning map.
Section 6. The City Council does hereby pass and adopt this Ordinance No. 25-XX.
Section 7. Municipal Code, Title 18 (Development Code), Section 18.200.070 (Standards for Specific Uses – Emergency Shelter and Homeless Shelters) are hereby amended, as set forth in Exhibits A and attached here to and made a part hereof.
Section 8. This Ordinance No. 25-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. __________________________________
Carlyn Obringer
Mayor
Ord. No. 25-2 6
ATTEST:
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 25-2 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on February 25, 2025, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on March 25, 2025, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
Attachments:
Exhibit A: CMC Chapter 18.200 (Standards for Specific Uses)
18.200.070 Emergency shelters and homeless shelters.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), emergency shelters and homeless shelters shall comply with the requirements of this section.
A. Purpose. The following requirements are to implement the programs in the Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.
B. Applicability. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.
C. Location. No emergency or homeless shelter shall be located within 300 feet of another emergency or homeless shelter. The separation distance shall be the shortest horizontal distance measured in a straight line from the property line of the lot with an existing emergency or homeless shelter to the property line of the lot on which an emergency or homeless shelter is proposed to be located, without regard to intervening structures or objects.
D. Facility Requirements. Each Every emergency or homeless shelter whether new construction or conversion of an existing structure shall include, at a minimum, the following:
1. The requirements of the City’s objective design standards set forth in Chapter 18.152 shall apply to both new construction and conversion of an existing structure. In the event there are conflicting provisions, this Section shall prevail.
12. An indoor or outdoor area for client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing in compliance with the following requirements:
a. Minimum area of ten square feet per shelter bed;
ba. At least one adjacent staff office or reception area with direct visibility of the area; cb. Available for client use at least one hour prior to intake; and dc. Outdoor waiting areas shall be completely screened from view from the public right-of-way with solid walls, solid fences, or a combination of fences and landscaping that is at least three feet in height and at least 50% of the waiting area shall be provided with shade and rain protection.
Outdoor waiting areas shall be locked whenever staff is not present on the site, and provided with shade and rain protection.
23. On-site staff, including at least one security guard that is appropriately licensed by the California Bureau of Security and Investigative Services or approved equivalent, shall be present at all times clients or prospective clients are present on the site, including in the client congregation area.
Security guards shall be on-site at least one hour before the facility opens and at least one hour after the facility closes. If the City, acting by and through the Chief of Police or their designee, determines additional security is needed, the facility, within seven days of receiving written notice from the City, shall provide the additional hours and/or security guards.
Security personnel shall have a nameplate containing the security personnel’s name and the word “SECURITY” printed in bold/capital. The word “Security” is not required if the security guard is wearing some type of clothing to identify him/her as a security guard. The nameplate shall be exhibited prominently on the clothing and shall be visible and easily read at all times. Hanging name badges and lanyards are prohibited. Alternatively, this requirement may be satisfied by embroidering Attachment 1
Exhibit A
Exhibit A
Concord Municipal Code Page 2/2
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023. the security personnel’s name and the word “SECURITY” on the security personnel’s outermost garment with the required information meeting the above specifications and located at chest level.
Shelters shall develop and implement a management and security plan with operational standards in compliance with applicable funding requirements, and any local, county and state requirements. Prior to issuance of an occupancy permit, the management and security plan shall be approved by the planning division after consulting with the Chief of Police or their designee.
34. Outdoor lighting in compliance with the following requirements:
a. Applicable objective standards in CDC 18.150.110 and 18.160.110(D), except when in conflict with the following requirements:
i. A minimum of ten foot-candles at all client entrances and extending in an unobstructed direction outward five feet;
ii. A minimum of two foot-candles in other areas accessible from the street; iii. Lighting shall be provided for a period not less than thirty minutes after sunset until thirty minutes before sunrise; and
iv. The planning manager may modify the above requirements upon determining that alternate lighting will be adequate for security purposes.
45. One locker or storage cabinet for personal property shall be provided for each shelter bed. The locker shall provide a minimum of 12 cubic feet worth of storage. The shelter shall provide each client with a lock to the locker or storage cabinet at no charge.
6. At least 10 percent of the required storage lockers One-half bicycle space for each bed, which shall be provided by an enclosed locking bicycle locker. The bicycle locker shall have minimum dimensions of 42 inches wide, 75 inches deep, and 54 inches high to accommodate secure storage of a bicycle.
57. Unless smoking is otherwise prohibited pursuant to Chapter 8.35, provide a designated smoking area. The smoking area shall comply with the requirements of CDC 8.35.100(b).
78. Provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations). Shower stalls must include an interior lock on the shower door, and an emergency call button or pull cord; and
89. The site of the facility shall be kept free of litter, graffiti, and any other undesirable material at all times. The property owner and/or operator shall remove abandoned personal property, trash, litter and debris on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city.
E. Maximum Number of Beds. No more than 25 beds shall be provided in any single emergency or homeless shelter.
Staff Report
Date: March 25, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering approval of an amendment to a Professional Services Agreement for construction management in the
amount of $189,850 (for a new not-to-exceed amount of
$904,850) with Swinerton Management & Consulting for the Willow Pass and Landana Sewer Capacity Improvement
Project; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Funded by Sewer Enterprise Funds).
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065.
Report in Brief
The Willow Pass and Landana Sewer Capacity Improvements Project (Project No. 2702 and 2704) (Project) entails construction of sewer capacity improvements on Willow Pass Road between Gateway Boulevard and Landana Drive, and on Landana Drive between Willow Pass Road and Larkspur Drive (Attachment 1). See attached location map (Attachment 1). The Project began construction in June 2024 with an original anticipated completion date of December 2024. The current schedule anticipates substantial completion in May 2025. The delay has been due to the contractor not meeting their schedule throughout the project.
4.b4.b4.b4.b
City Council Agenda Report
Agenda Item No. 4.b
March 25, 2025
A Professional Services Agreement (PSA) with Swinerton Management & Consulting (Swinerton) was brought to Council on May 14, 2024, for construction management of the Project with a not-to-exceed budget of $715,000 and a service end date of June 2025. This first amendment to the PSA is being recommended due to additional inspection services that were needed to cover multiple crews working day and night shifts, weekend work days, and the increased total number of working days on the Project. This amendment will also extend the duration of the contract to the end of this year, to cover an additional period of six months for work needed to close out the Project.
Recommended Action
Approve an amendment to a Professional Services Agreement for construction management in the amount of $189,850 (for a new not-to-exceed amount of $904,850) with Swinerton Management & Consulting; 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.
Background
On May 14, 2024, Council awarded the Project construction contract to Precision Engineering (Contractor) and a PSA to Swinerton. Construction for the Project began in June 2024 with an original estimated completion date in December 2024. Due to delays by the Contractor and the Project’s current status, , the new estimated substantial completion date will be in May 2025 with full project closeout by the end of September 2025. Project closeout on a larger project typically takes several months following completion of construction activities.
The scope of the Project includes upsizing the sewer main line on Willow Pass Road between Fry Way and Landana Drive, constructing a new main line on Willow Pass Road between Gateway Boulevard and Fry Way, and upsizing the sewer line on Landana Drive between Willow Pass Road and Larkspur Drive. The work on Willow Pass Road between Gateway Boulevard and Clayton Way has been completed, along with all work on Landana Drive. The remaining work on the Project, as of the date on this staff report, will be on Willow Pass Road between Clayton Way and Landana Drive.
This first amendment to the PSA will extend the contract by six months and is being recommended due to additional inspection services that were needed to cover multiple crews working day and night shifts, weekend work days, and the increased total number of working days on the Project. Swinerton and their materials testing subconsultant, Ninyo & Moore, have already agreed to be bound by the Project Stabilization Agreement.
City Council Agenda Report
Agenda Item No. 4.b
March 25, 2025
The Contractor is currently well behind contract time and the City has assessed liquidated damages per the contract documents. A portion of the liquidated damages will cover the full cost of this amendment with Swinerton.
Analysis
Staff negotiated with Swinerton and agreed upon the additional cost for their extra services of $189,850. The additional cost is for construction management and inspection services that are anticipated to be needed based upon the current project schedule. This will result in a new not-to-exceed total of $904,850 for the PSA.
Financial Impact
The current budget for this project is $13,750,000, with $13,000,000 from the Willow Pass Sewer Capacity Improvements Project (Project No. 2702) and $750,000 from the Landana Sewer Capacity Improvements Project (Project No. 2704). Both projects are funded by Sewer Enterprise Funds (Fund 710). There is sufficient funding budgeted for the Project to cover the cost of this amendment. Per the contract documents, the City is authorized to assess liquidated damages for exceeding the defined number of working days. A portion of the liquidated damages will cover the full cost of this amendment.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), approval of this contract amendment does not constitute a “project within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, or 15378, because has no potential for resulting in either a direct physical change in the environment, or reasonably foreseeable indirect physical change in the environment.
Even if approval of the contract amendment did constitute a project under CEQA, the approval of the contract amendment falls within the “common sense” exemption set forth in 14 Cal. Code Regs. 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.” This determination reflects the City’s independent judgement and analysis. The Notice of Exemption for the project was filed on May 22, 2024.
Public Contact
The City Council Agenda was posted.
Attachments
1. Location Map
2. First Amendment to Professional Services Agreement (PSA) with Swinerton Management & Consulting, with Exhibit A – Fee Estimate
Attachment 1
Location Map
Willow Pass and Landana Sewer Capacity Improvements Project (Projects 2702/2704) Project Limits Page 4 of 8
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, March 25, 2025, and amends the Professional Services Agreement, Agreement No. 6161, between the City of Concord (“CITY”) and Swinerton Management & Consulting (“CONSULTANT”).
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No.6161, dated May 14, 2024 (the “Agreement”), wherein CONSULTANT agreed to provide construction management, inspection, and materials testing for PJ2702/2704: Willow Pass and Landana Sewer Capacity Improvements Project.
WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on May 14 2024, and expire on December 31, 2025
2. Section 3 “PAYMENT” is hereby amended to read as follows: The compensation to be paid to CONSULTANT including payment for professional services and reimursable expenses, shall be at the rate and schedules described in Exhibit A.
However, in no event shall the amount CITY pays CONSULTANT exceeds nine- hunded four thousand eight hundred and fifty dollars ($904,850) for the term of this Agreement.
3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Signatures on the following page.
Attachment 2
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28 Dated: ___________ Swinerton Management & Consulting BY: ________________________
Jeffrey S. Gee, Principal In Charge
[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 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $189,850. Account Code 7109500C999-74250 / 7102702117-74250.
Finance Director's Signature
2001 Clayton Road, 7th Floor
Concord, CA 94520-2166
925.602.6400
swinerton.com
Amendment Request for Willow Pass and Landana Sewer Project (PJ2702-2704) Page 1
January 17, 2025
Via email to [email protected]
Mr. Tianjun Cao, P.E.
Associate Civil Engineer
City of Concord – Engineering Division (CIP)
1950 Parkside Drive MS/40
Concord, CA 94519
Subject: Willow Pass and Landana Sewer Capacity Improvements Project (City Project Nos. 2702-2704)
Amendment Request for Construction Management & Inspection Services
Dear Mr. Cao:
Swinerton Management & Consulting (Swinerton) is hereby requesting an amendment to our contract for construction management and inspection services to the City of Concord for the Willow Pass and Landana Sewer Capacity Improvements Project – PJ 2702-2704.
Reasons for the amendment request are as follows:
Extended construction schedule due to the Contractor’s productivity, inefficiencies, coordination, and phasing.
The project’s contractual start date was June 10, 2024. Based on the contractual durations and milestones, the contractual completion date was December 3, 2024. The current anticipated completion date per the Contractor’s latest schedule information is May 30, 2025, which is approximately six months beyond the original contractual completion date. Additional unanticipated field inspection to cover multiple crews concurrently for both day and night work. The Contractor worked both days and nights throughout the month of August 2024.
The Contractor also worked weekends from June 22, 2024 to September 28, 2024 which was not anticipated in our original proposal.
Furthermore, additional Saturday work is planned from January 18, 2025 through May 3, 2025, which is sixteen (16) calendar weeks. The Contractor also plans to work 16 hours
Amendment Request for Willow Pass and Landana Sewer Project (PJ2702-2704) Page 2
each Saturday for pipe bursting activities which will require two each 8-hour shifts for Swinerton to cover.
The table shown below illustrates the additional labor hours and costs requested.
Based on our original agreement’s remaining balance of $184,711.69 as of January 1, 2025, the amendment request is for $189,850.00 (additional budget) to complete the project. This assumes that pipe bursting is completed by May 30, 2025 and the remaining work (manholes, connections, restoration, etc) is substantially completed by June 30, 2025.
The amendment request is a not-to-exceed amount of $189,850.00. As this is a not-to-exceed amount, any hours or dollars not expended will not get billed to the City.
If you have any questions or require additional clarification, please do not hesitate to call me at (925) 270-5636. Thank you for this opportunity to submit this request.
Very truly yours,
Bob Addiego, CCM, LEED® AP
Project Executive
CC: Jeff Gee
WILLOW PASS and LANDANA
SEWER CAPACITY IMPROVEMENTS
PJ2702-2704
Project
Executive
Resident
Engineer /
Project
Manager
Sr. Construction
Inspector Subtotals
Billing Rate $250.00
$185.00 $185.00
Swinerton Labor Hours: Construction
Phase 40 100 650 hours
Swinerton Labor Hours: Post-
Construction Phase 20 40 20 hours
Subtotal – Swinerton Labor Costs $15,000 $25,900 $123,950 $164,850.00 Special Inspections / Materials
Testing – Ninyo & Moore $25,000.00
TOTALS
$189,850.00
Staff Report
Date: March 25, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering the following actions:
1. Award of a construction contract in the amount of
$7,563,000 to Bay Cities Paving & Grading Inc. for the
Residential Pavement Maintenance Phase E Project (City
Project Nos. 2613 & 2621) (which includes (a) Residential streets located south of Cowell Road and Concord
Community Park, between Ridge Park Drive and St. Francis Drive, and (b) east of Port Chicago Highway between East Olivera Road and Bonifacio Street, and (c) the portion of Port Chicago Highway between East Olivera Road and
Concord Blvd); authorizing Staff to utilize the available project contingency for contract change orders that
become necessary up to 15% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approval of a $1,980,000 budget transfer and appropriation to the Residential Phase E Project from Pavement
Maintenance - Zone 2O Project (Fund 407, Measure V
Lease-Revenue – PJ 2624) to PJ 2621; and
3. Authorizing the City Engineer to accept improvements upon completion of Project Nos. 2613 & 2621 and directing the City Clerk to file a Notice of Completion.
4.c4.c4.c4.c
City Council Agenda Report
Agenda Item No. 4.c
March 25, 2025
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
Report in Brief
The Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) (Project) will perform pavement maintenance in multiple residential areas and a portion of Port Chicago Highway. The Project also includes the installation of curb ramps at impacted intersections to meet accessibility standards, minor curb and gutter repairs, striping improvements, and installation of fiber optic conduit and signal equipment (on Port Chicago Highway only). See descriptions and attached maps (Attachment 1) for location and limits of the following two projects that are combined into the Residential Pavement Maintenance Phase E Project:
PJ 2613: Pavement Maintenance – Zone 4L -
Residential streets located south of Cowell Road and Concord Community Park, between Ridge Park Drive and St. Francis Drive.
PJ 2621: Pavement Maintenance – Zones 5M, 5H, & Port Chicago Highway - Zone 5M and 5H are located east of Port Chicago Highway between East Olivera Road and Bonifacio Street. The portion of Port Chicago Highway in this project is between East Olivera Road and Concord Blvd.
The Project has been designed, competitively bid (see Attachment 2 for Bid Summary), and is now ready for construction contract award. Construction is expected to begin late April 2025, with completion by December 2025, weather permitting. The construction contract with Bay Cities Paving & Grading, Inc. (BCPG) is attached (Attachment 3).
Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the Project contract documents and the City of Concord (City).
The Task Order with UNICO Engineering, Inc. covering the Phase E Project was already approved by Council at the January 14, 2025 City Council Meeting.
Recommended Action
1. Award a construction contract in the amount $7,563,000 to Bay Cities Paving & Grading Inc. for the Residential Pavement Maintenance Phase E Project (City Project Nos. 2613 & 2621); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
City Council Agenda Report
Agenda Item No. 4.c
March 25, 2025
2. Approve a $1,980,000 budget transfer and appropriation to the Residential Phase E Project; including $1,980,000 from Pavement Maintenance - Zone 2O Project (Fund 407, Measure V Lease-Revenue – PJ 2624) to PJ 2621;
3. Authorize the City Engineer to accept improvements upon completion of Project Nos. 2613 & 2621 and directing the City Clerk to file a Notice of Completion; and
4. Make the CEQA determinations as reflected in this report.
Background
On June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure Plan, which included the Project. On June 8, 2021, the City Council adopted the mid- cycle adjustments to the Capital improvement Plan Budget (CIP Budget) for Fiscal Years (FY) 2020-21 and 2021-22, which included an appropriation of $3,238,000 to fully fund the design and a portion of construction of the Project. Funds to cover the remaining costs of construction were anticipated to be added to the Project at the next mid-cycle adjustment to the CIP Budget.
On June 25, 2024, City Council adopted the 2-Year CIP Budget for FY 2024/2025 and FY 2025/2026, which included additional funding for the construction of the Project.
On September 11, 2024, staff presented the Project at the City’s Bicycle and Pedestrian Advisory Committee (BPAC) meeting to inform the BPAC of the Project’s improvements for bicyclists and pedestrians. Staff also held a community meeting on September 4, 2024, and provided a presentation to the Holbrook Heights Homeowners Association (HOA) on September 18, 2024, with the goal of informing residents of the Project’s and its associated upcoming construction as well as to obtain feedback from residents.
Resident’s voiced concerns related to improving pedestrian safety, and wanting to know construction impacts ahead of time. As a result of the public outreach, the City looked into various designs at a handful of key intersections in the Holbrook Heights neighborhood during design, and will be implementing upgraded pedestrian crossings at a total of four intersections (including Esperanza Drive & N 6th Street), as well as a bulbout at the Quail Court/Cowell Rd intersection. Residents were informed that they would be receiving construction notice letters in the mail prior to start of construction, and a project webpage link to visit for updates throughout construction.
On January 14, 2025, City Council approved a Task Order with UNICO Engineering to provide a constructability review of the bid documents (which was completed at the end of January 2025), as well as construction management, inspection, and materials testing for the Project during construction.
Analysis/Procurement Process
The Project was advertised for construction bids as required by state law and City policy. The engineer’s estimate for the total bid was $10,500,000. Bids (8 total) were received and opened on February 20, 2025, ranging in amounts from $7,563,000 to
City Council Agenda Report
Agenda Item No. 4.c
March 25, 2025
$10,722,384.70. The lowest total bid, $7,563,000, was received from BCPG of Concord.
The basis of award for the Project was the total bid (Base Bid + Add Alternate A). Add Alternate A scope of work included all fiber optic conduit and pull box installations on Port Chicago Highway, following the City’s master plan for fiber optic lines throughout the City. Based on the Engineer’s Estimate it was unclear if funding would be available.
Since there is adequate funding in the Project after bid opening, the City will be proceeding with this fiber optic work on Port Chicago Highway. Installing the fiber optic conduits as part of this project ensures the new pavement will not be disturbed at a later date.
BCPG was the low bidder and submitted a responsive and responsible bid. BCPG has an appropriate and valid contractor’s license and satisfactory work references. Most recently, BCPG successfully completed the Treat Blvd Pavement Rehabilitation Project (Phase 1) in 2023 and is currently working on the City’s Residential Pavement Maintenance Phase B Project.
Project Stabilization Agreement
On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. The Project will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for the Project were made aware of this requirement as part of the construction contract. BCPG and their subcontractors have submitted the required documentation to comply with the Citywide Project Stabilization Agreement.
Financial Impact
The current total budget for the Project is $11,000,000, funded primarily by Measure J and Measure V funds (Fund 400, 407, 475, and 490). There are sufficient funds in the project to award the construction contract to BCPG, as well as cover a 15% contingency for contract change orders.
Because Measure J funds do not have the same expenditure deadlines as Measure V lease-revenue funds (Fund 407), a budget transfer and associated appropriation are recommended in the total amount of $1,980,000 to the Project from the Pavement Maintenance - Zone 2O Project (Fund 407, Measure V – PJ 2624) in order to meet Measure V lease-revenue expenditure requirements sooner. This would result in the construction contract with BCPG and any contract change orders to be entirely funded by Fund 407 – Measure V Lease-Revenue.
When the Pavement Maintenance Zone 2O Project (PJ 2624) construction contract is awarded in early 2026 (as part of Residential Pavement Maintenance Phase F Project – PJ 2611 & PJ 2624), leftover funding, will be transferred back into the Phase F Project.
City Council Agenda Report
Agenda Item No. 4.c
March 25, 2025
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the award of the contract, a budget transfer, and associated appropriation do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. 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.”
In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves pavement maintenance of an existing roadway, installation of curb ramps to meet accessibility standards, minor curb and gutter repairs, striping improvements, and installation of fiber optic conduit and signal equipment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.
Public Contact
The City Council Agenda was posted.
Attachments
1. Project Location Map
2. Bid Summary
3. Construction Contract with Bay Cities Paving & Grading, Inc. (BCPG)
RESIDENTIAL PAVEMENT MAINTENANCE PHASE E PROJECT (PJ 2613 & PJ 262
1) LOCATION MAPS
Attachment 1
Project Location Map
Pavement Maintenance – Zone 4L - Project No. 2613
Project Location Map
Pavement Maintenance - Zones 5M & 5H, and Port Chicago Highway - Project No. 2621
City of Concord
Bid Summary Sheet
PJ #2613/2621 Bid Opening:
Residential Pavement Maintenance
(Phase E)
Thursday,
February 20, 2025
2:30 p.m.
City Manager's Conference Room
Engineer’s Estimate: $10,500,000 To be awarded: March 25, 2025
CONTRACTOR TOTAL BID
Bay Cities Paving & Grading, Inc.
1450 Civic Ct
Concord, CA94520
DIR: 1000005981
$7,563,000.00
Desilva Gates Construction
I1555 Dublin Blvd
Dublin, CA 94568
DIR: 1000809185
$7,930,000.00
O'Grady Paving, Inc
2513 Wyandotte Street
Mountain View, CA 94043
DIR: 1000003381
$8,014,098.35
Ghilotti Bros, Inc
525 lacoby Street
San Rafael, CA 94901
DIR: 1000001037
$8,139,354.65
GoodFellow Bros.
50 Contractors St
Livermore, CA 94551
DIR: 1000003476
$8,355,368.00
Mountain Cascade lnc
PO BOX 5050
Livermore, CA94519
DIR: 1000005190
$8,871,381 .00
McGuire and Hester
9009 Railroad Avenue
Oakland, CA 94603
DIR: 1000000033
$8,973,580.00
Martin Brothers Construction
8801 Folsom Blvd, Ste 260
Sacramento, CA95826
DIR: 1000000017
$10,722,384.70
Contact: Kevin Wheat x3422
$8,013,098.35
Attachment 2
Residential Pavement Maintenance Phase E Project CONTRACT Project Nos. 2613 & 2621 Page 1
City of Concord
Construction Contract
This public works contract (“Contract”) is entered into by and between the City of Concord (“City”) and Bay Cities Paving & Grading, Inc. (“Contractor”), for work on the Residential Pavement Maintenance Phase E Project (City Project Nos. 2613 & 2621) (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a bid to perform the Work to construct the Project. On March 25, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Form and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed
2.13 City of Concord Standard Plans & Specifications
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $7,563,000.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. The Project (Base Bid and Add Alternate A) must be fully completed within 110 working days (weekends and holidays excluded) from the start date set forth in the Notice to Proceed.
Work will begin in April 2025 but the anticipated start date is provided solely for convenience and is neither certain nor binding. See below:
The Contractor will fully complete the Work for the Project, meeting all requirements for completion of all bid items within working days specified from the commencement date given in the Notice to Attachment 3
Residential Pavement Maintenance Phase E Project CONTRACT Project Nos. 2613 & 2621 Page 2
Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. See Section 5.4 of the General Conditions.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
Residential Pavement Maintenance Phase E Project CONTRACT Project Nos. 2613 & 2621 Page 3
City:
Residential Pavement Maintenance Phase E
City of Concord
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Kevin Wheat, Associate Civil Engineer
[email protected]
Contractor:
Name: Bay Cities Paving & Grading, Inc.
Address: 1450 Civic Court, Bldg. B, Suite 400
City/State/Zip: Concord, CA 94520
Phone: 925-687-6666
Attn: Ben Rodriguez Jr., President
Email: [email protected]
Copy to: [email protected]
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.
Residential Pavement Maintenance Phase E Project CONTRACT Project Nos. 2613 & 2621 Page 4
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________ Valerie J. Barone, City Manager Susanne Brown, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Joelle Fockler, MMC, City Clerk
Date: ___________________________
CONTRACTOR: BAY CITIES PAVING & GRADING, INC.
Name
s/_______________________________ Seal:
Ben Rodriguez Jr., President, [email protected]
_________________________________
Name, Title, Email
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
Residential Pavement Maintenance Phase E Project CONTRACT Project Nos. 2613 & 2621 Page 5
FINANCE DIRECTOR’S CERTIFICATION:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024-2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $7,563,000.00
ACCOUNT CODES:
407-9500-C999-74200 / 407-2621-115-74200 - $7,563,000.00 ______________________________
Finance Director’s Signature
END OF CONTRACT
Staff Report
Date: March 25, 2025
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development and Base Reuse [email protected]
(925) 671-3076
Subject: Considering the adoption of 12 Professional or Legal Services Agreements (Agreements) for various consultant services for the Local Reuse Authority’s (LRA) work related to the
redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $2,761,036 through March 31, 2026; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Funded through Reimbursement Agreement
Deposits to LRA by BCUS Acquisitions LLC (Brookfield))
CEQA: Not a project/exempt under Public Resources Code
Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
Report in Brief
The Local Reuse Authority (LRA) has several primary responsibilities:
1. Oversees work related to the transfer of former Concord Naval Weapons Station property from the U.S. Navy to local recipients;
2. Monitors the Navy’s clean-up of contaminated parcels;
3. Obtains site-wide environmental permits from resource agencies;
4. Assists and supports the Master Developer on the writing of and coordination with the Infrastructure Master Plan and Specific Plan; and
5. Manages the environmental analysis used to determine appropriate mitigations for project impacts.
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City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
These responsibilities are carried out by both city staff and outside, professional consultants working on behalf of the LRA.
The LRA work is now carried out subject to the BCUS Acquisitions LLC (Brookfield) Exclusive Agreement to Negotiate (ENA) and an administrative reimbursement agreement between the LRA and Brookfield to fund the next (Development and Disposition Agreement (DDA)) Stage of work (including the Specific Plan/EIR).
Staff is currently moving forward with the second year of contracts and budgets based on Brookfield’s anticipated initial focus for Year Two of the project including:
1. Negotiation and preparation of the EDC Memorandum of Understanding (MOA) with the Navy;
2. Study and preparation of the grading and infrastructure network in preparing an infrastructure master plan to inform the Draft Specific Plan;
3. Preparation of the Draft Specific Plan;
4. Continued resource permitting and re-engagement with the regulatory authorities; and
5. Remediation monitoring.
Community engagement, of equal importance, will be led by Brookfield consultants and supported by City staff.
The 12 Agreements covered in this staff report are summarized in Table 1. These agreements are focused on specific activities (i.e. EDC MOA negotiation, Infrastructure Master Plan support, Remediation monitoring, Site-wide Resource Permitting) necessary to keep forward momentum through the DDA Stage of the project, as outlined in the Exclusive Agreement to Negotiate (ENA). A summary of the scopes of work for each consultant is found under the Analysis section of this report. The source of the funding for these agreements will come from Brookfield for the period commencing April 1, 2025, and extending through March 31, 2026. Staff anticipates returning to Council every March with future agreements for subsequent years.
Recommended Action
Approve the 12 Agreements as listed in Table 1 (found in Analysis); authorize the Executive Director of the LRA to execute the Agreements in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.
Background
For ease of tracking for the public and the council, LRA staff has consolidated the proposed new Agreements into one staff report. This format provides a comprehensive overview of the LRA’s planned work for the remainder of Fiscal Year 2024-25 (April 1 –
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
June 30), and the first nine months of Fiscal Year 2025-26, a total one-year period, representing Year 2 of the DDA Stage of the project.
Staff is not “rolling over” unspent balances as of March 31, 2025, from existing contracts or amending existing agreements to extend their term. Rather, the Agreements under review this evening, are new agreements focused on specific work scopes to support the Year Two work of the DDA Stage of the project and continue with LRA responsibilities which will be reimbursed by Brookfield. The term of each agreement starts on April 1, 2025, and ends on March 31, 2026.
All of the consulting teams included in these Agreement requests have demonstrated expertise in their field and a familiarity with the Reuse Project’s goals and objectives.
Table 1 provides a consolidated list of consultants who have provided:
1. Their focused work scope description.
2. The budgeted “not to exceed” contract amounts through March 31, 2026; and
3. Rate sheets for each consultant.
Please note that Table 1 only lists the proposed Agreement expenditures for the LRA and does not include staff time and other components of the LRA Project budget.
Contracts with each consulting firm are attached to this staff report (Attachments 1-12).
A comprehensive summary of Project spending, known as the Program Report is found in the Program Reports Folder in the Document Library of the Concord Reuse Project website found here: https://concordreuseproject.org/DocumentCenter. The Program Report of expenditures, dated December 2024, uploaded January 31, 2025, is the most recent document.
Analysis
The following are summaries of work to be performed by the LRA’s consultant team in FY 24-25 (April thru June), and FY 25-26, (through March 31, 2026) under the proposed Agreements for a total one-year period. Table 1 reflects each consultant’s work and estimated costs from April 1, 2025, to March 31, 2026. Each consultant’s scope of work is included within their Agreement found in the attachments to this staff report.
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
Table 1
1. ALH Economics
ALH provides financial modeling analysis in support of property transfer from the Navy and preliminary assessment and input on financial impact from any policy changes to the Area Plan.
• Review of project financing structure, including fiscal impact reports to assess fiscal neutrality. Additionally, review of proposed EIFD’s, CFDs, or similar financing mechanisms to ensure market-based assumptions and to determine if they will have neutral impact on City’s General fund for construction and ongoing maintenance.
• Crafting a participation schedule for the Navy and evaluating impact of Navy participation on the project’s financial performance.
• Review financial impacts from proposed changes to the Specific Plan or Infrastructure Master Plan and evaluate Disposition and Development Agreement terms for financial impact to the project and City. (Funding: Brookfield). Not to exceed amount - $31,500
2. Burke Williams & Sorensen
Burke Williams & Sorensen provides legal counsel regarding transactions and agreements between the LRA, Master Developer and collaborating agencies. • Refine Term Sheet for Disposition and Development Agreement (DDA) and statutory Development Agreement in light of new information. • Negotiate and draft DDA between City/LRA and Brookfield • Negotiate and draft statutory Development Agreement with Brookfield • Review and comment on Infrastructure Master Plan, including providing input on phasing requirements to ensure timely delivery of key items of infrastructure and community benefits. Coordinate with City’s bond counsel and financial advisors to address requirements for formation of one or more EIFDs, IFDs and/or CFDs.
• Review and comments on FOSTs, Land Use Covenants, and Navy’s CERCLA and Section 330 related covenants in Navy conveyance deeds. Provide input as requested in connection with City’s procurement of pollution legal liability insurance and related environmental liability policies. • Assist City and its BRAC counsel, in negotiating and drafting the EDC MOA between City and Navy, including ensuring consistency between financial profit participation waterfall provisions in DDA and the EDC MOA. • Advice on any related matters as directed by LRA from time to time.
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
(Funding: Brookfield). Not to exceed amount - $263,250
3. Environmental Risk Services Corporation (ERS)
ERS provides analysis and review of property remediation projects and future insurance requirements.
• Develop and support City with environmental and strategic considerations of the Infrastructure Master Plan including remedial requirements, environmental data overlays, land use controls, soil management plans and construction support requirements, future monitoring requirements, and suitability for development in discussions with the City, Brookfield and regulatory agencies. • Provide transfer and regulatory support to City for transfer agreements and negotiations with Navy and State and Federal regulators and review regulator correspondence and comments from multiple agencies.
• Review and comment on environmental reports prepared by the Navy and their consultants.
• Provide support to City for risk evaluation, mitigation and liability management for environmental, engineering and conveyance issues.
• Provide environmental and risk management support to the City for negotiation of the EDC agreement with the Navy.
(Funding: Brookfield). Not to exceed amount - $228,500
4. ESA
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
ESA provides analysis and conceptual design of hydrology issues, i.e. wetlands, creek restoration, storm water or flood water detention. • Support development of Infrastructure Master Plan and coordinate regarding any areas of overlap between the project area and flood management and creek restoration efforts of the City.
• Provide review, input and analysis (e.g., flood capacity modeling of Mt. Diablo Creek) with respect to potential impact of bridges and infrastructure on creek corridor resources and flood conveyance capacity, and need for regional flood detention and flood management facilities within the Project area to manage and avoid flood impacts.
• Geomorphic, hydrology and hydraulic analyses and development of engineering plans for the Mount Diablo Creek corridor and regional flood detention basins to support the application for natural resource permitting. • Initiate design development plans related to the regional Mt. Diablo Creek channel and flood detention basin design and related hydrologic and hydraulic modeling and analysis.
(Funding: Brookfield). Not to exceed amount - $543,266
5. Garrity & Knisely
Garrity & Knisely provides legal counsel regarding BRAC related property transfer and property remediation issues.
• Resource permitting requirements will need to be coordinated with provisions in the Term Sheet and EDC MOA and the Reciprocal Easement Agreement may have to be expanded or refined to cover certain permitting and utility- related obligations assumed by the City.
• Review of remediation issue impacts for development, coordination with mitigation purposes and close coordination with Navy, federal and state regulators.
• Advice regarding remediation issue impacts on Project EDC negotiations and Resource Permitting.
• Negotiation of the Term Sheet, EDC MOA and Deed and finalization of the EDC application for approval by the Navy.
• Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $146,375
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
6. HR&A Advisors
HR&A Advisors provides financial advice regarding the negotiation of deal structure and terms between the LRA, BCUS & Navy.
• Assist City team and BCUS to present and discuss project pro forma with Navy. • Review, comment on draft fiscal impact report prepared by consultants to Brookfield, including meetings with City team and participate in meetings about the Community Facilities Districts (CFD) and Enhanced Infrastructure Financing Districts (EIFD) public financial assistance proposed by BCUS to help finance development of the project to achieve City fiscal neutrality requirements.
• Assist City to present and discuss project pro forma with Navy representatives. • Review and participate in negotiations for the Economic Development Conveyance MOA with Navy.
• Monitor preparation of the Specific Plan, EIR and DDA/DA for impacts on the project pro forma.
• Advice on any related financial matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $45,600
7. H.T. Harvey & Associates
H.T. Harvey provides analysis, review and advice regarding biological resources and site wide regulatory permitting.
• Assist City with development of the Specific Plan, Infrastructure Master Plan, and CEQA matters by participating in meetings, providing written guidance and feedback, and reviewing materials related to biological resources and mitigation needs.
• Assist with natural resources permitting issues, coordinate with California Department of Fish and Wildlife regarding permitting activities, i.e. Incidental Take Permit (ITP), input on mitigation for wetland, stream and riparian mitigation plans, and assist City in planning for off-site mitigation for listed species.
(Funding: Brookfield). Not to exceed amount - $575,377
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
8. Integral Consulting
Integral Consulting provides analysis, review and advice regarding biological resources and site wide permitting, in particular with respect to wetlands and will focus on completion of agency negotiation and permitting. • Regulatory planning and support to confirm current site conditions and Development of project strategies for attaining required regulatory permits and consultation and coordination with California Department of Fish and Wildlife permitting activities (ITP), USACE, and RWQCB for development of final mitigation strategies, based on Developer’s engineering and layout of project. • Prepare a re-verified jurisdictional determination map (USACE, RWQCB) to confirm updated jurisdictional limits.
• Preparation of Mitigation and Monitoring Plan and a Long-Term Management Plan for the airfield mitigation site.
(Funding: Brookfield). Not to exceed amount - $352,044
9. Jarvis Fay
Jarvis Fay provides legal counsel regarding the preparation of the Infrastructure Master Plan and related documents.
• Provide land use advice in support of preparation of the Infrastructure Master Plan and phasing related to CNWS matters, to ensure delivery of key infrastructure and related community benefits. Review and provide advice on traffic studies, which will help form the basis for eventual mitigation programs. • Provide CEQA advice related to Concord Naval Weapon Station matters. • Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield Properties). Not to exceed amount - $238,024
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
10. PlaceWorks
PlaceWorks provides planning and project management support for all facets of the Reuse Project.
• Support Master Developer and City in review of the conceptual land use plan, infrastructure and phasing for consistency with the CRP Area Plan, stated industry best practices and provide assistance to City staff. • Participate in weekly meetings, assist in agency and stakeholder coordination and assist with preparation for City Council study sessions and public hearings,, including preparation of progress reports and presentation materials, and additional items as requested.
• Assist LRA team with tracking and negotiating EDC related items to ensure they are carried through to the future Specific Plan and other related documents.
(Funding: Brookfield Properties). Not to exceed amount - $78,750
11. Troutman Pepper Locke
Troutman Pepper Locke provides legal counsel regarding site wide natural resource permitting.
• Advice, support and direction in the preparation of natural resource permitting, implementation of the Biological Opinion and continued coordination for the 404/401 permitting, CESA take permit and a framework for a 1600 Agreement.
Advice for overall resource permitting efforts and overall strategy for implementing the Biological Opinion’s terms and conditions, including negotiating with outside agencies and coordinating resources permitting with master developer, finalizing a habitat mitigation plan and long-term funding agreements.
• Review of resource permitting issue impacts on Master Developer land use plans, as well as review of land use plan and potential impacts on ongoing permitting, and continued coordination and negotiation with the permitting authorities.
• Assist in EDC negotiations and terms that reflect and implement the parties’ role in the statewide permitting process, and responsibilities under sitewide natural resources permits and conditions.
• Advice on any related matters as directed by LRA from time to time. (Funding: Brookfield). Not to exceed amount - $220,000
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
12. Kittelson and Associates, Inc.
Kittelson and Associates, Inc. provides transportation planning, analysis and project management support for all facets of the Reuse Project. • Review of Brookfield and their transportation consultant scope of work. • Peer review of transportation network alternatives to ensure consistency with 2010 Reuse Plan EIR and mitigation monitoring plan for all modes of transportation.
• Peer review of traffic analyses and anticipated mitigations as developed by the Master Developer’s traffic engineer to evaluate consistency with earlier assumptions.
• Review of parking alternatives and strategies to determine how it may affect vehicle trip generation. Attendance at community meetings, as needed. (Funding: Brookfield). Not to exceed amount - $38,351
Brookfield will be leading public engagement events leading up to and during the preparation of the Specific Plan with support from the City. Brookfield’s focus in this second year will be in 1) negotiating with the Navy an EDC MOA; 2) starting the preparation of the Specific Plan; 3) coordinating with the City on sitewide permitting and 4) continuation of remediation monitoring.
Upon successful negotiations with the Navy, Brookfield will continue with preparation of the Specific Plan and the City will be leading the environmental analysis and document preparation, with that work starting in FY 2025-26. Public hearings for the draft and final documents are anticipated during FY 2027-28.
Financial Impact
The 12 proposed Agreements total $2,761,036 for services through March 31, 2026.
These contracts will be funded based on the administrative Reimbursement Agreement between the LRA and Brookfield.
Environmental Impact
Pursuant to Public Resources Code Section 21065, California Environmental Quality Act Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity 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, does not constitute discretionary approval of a
City Council Agenda Report
Agenda Item No. 4.d
March 25, 2025
specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. Professional Services Agreement with ALH Urban & Regional Economics
2. Legal Services Agreement with Burke, Williams & Sorensen, LLP
3. Professional Services Agreement with Environmental Risk Services Corporation
4. Professional Services Agreement with Environmental Science Associates (ESA)
5. Legal Services Agreement with Garrity and Knisely
6. Professional Services Agreement with HR&A Advisors, Inc.
7. Professional Services Agreement with H. T. Harvey & Associates
8. Professional Services Agreement with Integral Consulting
9. Legal Services Agreement with Jarvis, Fay & Gibson, LLP
10.Professional Services Agreement with PlaceWorks
11.Legal Services Agreement with Troutman Pepper Locke LLP
12.Professional Services Agreement with Kittelson and Associates, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and ALH Urban & Regional Economics (ALH), Sole proprietorship, 2239 Oregon Street, Berkeley, CA 94705 (“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 April 1 , 2025 and expire on March 31, 2026.
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2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Thirty-One Thousand
Five Hundred dollars ($31,500) for the term of this Agreement. 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.
Attachment 1
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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 Guy Bjerke , Director of the Economic Development and Base Reuse Department. The CONSULTANT’s authorized representative is Amy L.
Herman, Principal.
5. AMENDMENT TO AGREEMENT. This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
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,
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officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s 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 pr ior written approval of the CITY .
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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 expens es to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: 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 re striction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut 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
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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, pertai n to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
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
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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 o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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 notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
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A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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
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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 a nd no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
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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.
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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 r egistered 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: Guy Bjerke ,
Director
Economic Development and Base Reuse Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]
To CONSULTANT: Amy L. Herman,
Principal
ALH Urban & Regional Economics (ALH)
2239 Oregon Street
Berkeley, CA94705
Phone: (510)704-1599
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Amy L. Herman Name: Valerie J. Barone
Title: Principal Title City Manager
Address: 2239 Oregon Street Address: 1950 Parkside Drive Berkeley,CA 94705 Concord, CA 94519
Telephone: (510)704-1599 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $31,500. Account Code 4029500C999-63800/4022721211-63800.
Finance Director's Signature
ALH Urban & Regional Economics Scope of Work – Year 2 (March 2025-2026) Task 1.1 Specific Plan
As the Specific Plan process is initiated, review the stable project description and, if there are significant changes, assess the impact of the stable project description on the Project’s fiscal impact and/or financial feasibility as requested by the LRA team. Feedback regarding the impact of the changed project description would be provide in either written (email or memo) or oral form. Review the draft Specific Plan to assess any additional changes in the project description and potential impacts on fiscal neutrality and/or financial feasibility as requested by the LRA team Task 1.2 Infrastructure Master Plan
Review impacts of any proposed changes to financing mechanisms (EIFDs, CFDs, etc.) on the City’s General Fund. Review any updated fiscal impact reports prepared on behalf of the Master Developer to assess fiscal neutrality.
Task 1.5 Disposition and Development Agreement (DDA) Negotiations Work tasks include
continuing to review the Master Developer’s financial pro forma for reasonableness, accuracy, market feasibility, and internal consistency. This review includes both vertical (building) and horizontal (infrastructure) components, and includes assumptions related to phasing, appreciation/inflation, financing, etc. The pro forma infrastructure costs will be compared to third-party budgets. Supporting market studies and other documents related to the pro forma will also be reviewed.
Additionally, consultants will review and provide input to draft term sheet and DDA documents.
Task 1.9 Economic Development Conveyance Negotiations
Work tasks include supporting the LRA team with respect to crafting a participation schedule for the Navy and evaluating the impact of Navy participation on the project’s financial performance. This also includes interacting with the Navy’s financial consultants in their review of the developer’s pro forma.
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on April 1, 2025 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Burke, Williams & Sorensen, LLP, 1999 Harrison Street, Suite 1650, Oakland, CA 94612 ("CONSULTANT").
WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.
WHEREAS, CITY desires to contract with CONSULTANT f or provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:
1. Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Refine Term Sheet for Disposition and Development Agreement (DDA) and statutory Development Agreement (DA) in light of new information gleaned from EDC MOA negotiations and infrastructure master planning work.
2. Negotiate and draft DDA between City/LRA and Brookfield. This includes negotiation and drafting of various DDA exhibits, some of which are complex agreements in their own right, including, among others, forms of assignment agreement, certificate of completion, public improvements implementation agreement, TDM/Concord circulator related agreements, affordable housing regulatory agreement, environmental indemnity, habitat and species mitigation allocation and funding agreement, interim property lease, right o f entry for installation of backbone infrastructure, lender non -disturbance and attornment agreement, financial participation agreement, schedule of outside performance dates, reimbursement agreement for oversized improvements, and local employment enhancement program agreement.
3. Negotiate and draft statutory Development Agreement (DA) including various ancillary exhibits between City and Brookfield setting forth Attachment 2
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28 Brookfield’s vested rights to develop the EDC property in accordance with City-approved specific plan and other entitlements and obligating Brookfield to deliver public benefit facilities and fund public benefit contributions all in accordance with terms to be set forth in the DA.
4. Review and comment on the Infrastructure Master Plan, including providing inputon phasing requirements to ensure timely delivery of key items of infrastructure
and community benefits. Coordinate with City’s bond counsel and financial advisors to address requirements for formation of one or more EIFDs, IFDs and/or CFDs
5. Review and comment on FOSTs, Land Use Covenants (LUCs), and Navy’s CERCLA and Section 330 related covenants in Navy conveyance deeds.
Provide input as requested in connection with City’s procurement of PLL and related environmental liability policies.
6. Assist City and its BRAC counsel, Garrity and Knisely, in negotiating and drafting the EDC MOA between City and Navy, including ensuring consistency between financial profit participation waterfall provisions in DDA and the EDC MOU.
B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until March 31, 2026 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.
3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follow s, per rate sheet provided March 21, 2024 for April 1, 2024 to March 31, 2025 Developer Reimbursable Rates
• Partner- $ 570
• Associate - $ 520
• Paralegal
- $325
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28 CONSULTANT will bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long- distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.
For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.
The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Two Hundred Sixty-Three Thousand Two Hundred Fifty ($263,250) through March 31, 2026, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.
4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.
5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:
Gerald J. Ramiza, Esq.
Burke, Williams & Sorensen, LLP
6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All
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28 documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY- authorized representative is the City Attorney.
7. Termination.
A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days ’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.
B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.
C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the
work described in Paragraph 1 above . At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,
8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setti ng forth the provisions of this nondiscrimination clause.
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28 B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage . CONSULTANT shall maintain commercial general liability insurance with limits of no less than One M illion Dollars ($1,000,000) combined single limit per occurrence or T wo Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage . CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less t han One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements .
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions . The policies are to contain, or be endorsed to contain the following provisions:
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28 (1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt noti ce 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, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A -7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
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,
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28 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 CONSULANT in the performance of this agreement. The CONSULTANT will reimburse the CIT Y 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 demans, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
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28 To CONSULTANT: Gerald J. Ramiza, Esq.
Burke, Williams & Sorensen, LLP
1999 Harrison Street, Suite 1650
Oakland, CA 94612
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT
:
Burke, Williams & Sorensen, LLP
By: ____________________________________________
Name: Gerald J. Ramiza, Esq.
Title: Partner
CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney
4903-1509-4031 v1
Direct No.: 510.273.8723
Our File No.: 05685.0044
[email protected]
Los Angeles –Inland Empire –Marin County –Oakland –Orange County –Palm Desert –San Diego –San Francisco –Silicon Valley –Ventura County 1999 Harrison Street - Suite 1650
Oakland, California 94612-3520
voice 510.273.8780 - fax 510.839.9104
www.bwslaw.com
January 13, 2025
VIA E-MAIL
Suzanne Schwab
Associate Principal
Placeworks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
[email protected]
Re: BWS Revised Budgeting for Brookfield CNWS Project through February 28, 2028
Dear Suzanne:
I’m writing in response to your January 6th email requesting a revised budget for our firm’s work on the Brookfield Concord Naval Weapons Station project over the three year period from March 1, 2025 through February 28, 2028.
Consistent with our original budget projection, I anticipate BWS’ work will focus on four budgeting areas: DDA Negotiations, including statutory Development Agreement (DA); Infrastructure Master Plan, particularly financing elements; Remediation Monitoring, including FOST, LUC and Navy Deed CERCLA covenant review; and EDC MOA Negotiations.
Detailed scopes of work for each of the four categories are set forth in Attachment 1. In preparing this budget I have assumed that the parties will focus on expedited negotiation and drafting of the DDA and DA in year two and, assuming those negotiations are productive, turn to preparation of the Specific Plan and EIR in years 3 and 4 with refinements to the DDA and DA also occurring in years 2 and 3.
As for our hourly rate structure, I have assumed the hourly rates set forth in BWS’ existing Agreement for Legal Professional Services dated June 28, 2023 (as previously increased by CPI), will further increase across the board by 3% (rounded to nearest $5) on March 1, 2026, and on March 1, 2027. Detailed BWS hourly rate breakdowns for the three budgeting time periods are shown on Attachment 2. The budgeted amounts shown on the excel spreadsheet are based on the assumption that the vast majority of our work
Joan Ryan
Suzanne Schwab
January 13, 2025
4903-1509-4031 v1
will be billed at the higher “developer reimbursable” rates, as opposed to our lower non- reimbursable rates.
Finally, I have included as Attachment 3 the excel budgeting spreadsheet with proposed budgeted amounts inserted in the relevant BWS work-related cells.
Please let me know if you have any questions regarding our proposed scope and budget.
Sincerely,
BURKE, WILLIAMS & SORENSEN, LLP
Gerald J. Ramiza
GJR:mp
Attachments: BWS Scope of Work
BWS Rate Schedule
Excel Budgeting Spreadsheet
cc (via email): Susanne Brown
Guy Bjerke
Attachment 1
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ATTACHMENT 1
BWS SCOPE OF WORK
1. DDA Negotiations
Refine Term Sheet for Disposition and Development Agreement (DDA) and statutory Development Agreement (DA) in light of new information gleaned from EDC MOA negotiations and infrastructure master planning work. Negotiate and draft DDA between City/LRA and Brookfield. This includes negotiation and drafting of various DDA exhibits, some of which are complex agreements in their own right, including, among others, forms of assignment agreement, certificate of completion, public improvements implementation agreement, TDM/Concord circulator related agreements, affordable housing regulatory agreement, environmental indemnity, habitat and species mitigation allocation and funding agreement, interim property lease, right of entry for installation of backbone infrastructure, lender non-disturbance and attornment agreement, financial participation agreement, schedule of outside performance dates, reimbursement agreement for oversized improvements, and local employment enhancement program agreement.
Negotiate and draft statutory Development Agreement (DA) including various ancillary exhibits between City and Brookfield setting forth Brookfield’s vested rights to develop the EDC property in accordance with City-approved specific plan and other entitlements and obligating Brookfield to deliver public benefit facilities and fund public benefit contributions all in accordance with terms to be set forth in the DA.
2. Infrastructure Master Plan
Review and comment on the Infrastructure Master Plan, including providing input on phasing requirements to ensure timely delivery of key items of infrastructure and community benefits. Coordinate with City’s bond counsel and financial advisors to address requirements for formation of one or more EIFDs, IFDs and/or CFDs.
3. Remediation Monitoring
Review and comment on FOSTs, Land Use Covenants (LUCs), and Navy’s CERCLA and Section 330 related covenants in Navy conveyance deeds. Provide
Attachment 1
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input as requested in connection with City’s procurement of PLL and related environmental liability policies.
4. EDC Conveyance Negotiations
Assist City and its BRAC counsel, Garrity and Knisely, in negotiating and drafting the EDC MOA between City and Navy, including ensuring consistency between financial profit participation waterfall provisions in DDA and the EDC MOU.
Attachment 2
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ATTACHMENT 2
BWS HOURLY RATE SCHEDULE*
Mar 1, 2025 – February 28, 2026
Developer Reimbursable Rates*
• Partner- $570
• Associate - $520
• Paralegal - $325
Public Agency (Discounted) Rates*
• Partner- $465
• Associate - $410
• Paralegal - $275
Mar 1, 2026– February 28, 2027
Developer Reimbursable Rates*
• Partner- $585
• Associate - $535
• Paralegal - $335
Public Agency (Discounted) Rates*
• Partner- $480
• Associate - $420
• Paralegal - $285
Mar 1, 2027– February 28, 2028
Developer Reimbursable Rates*
• Partner- $605
• Associate - $550
• Paralegal - $345
Public Agency (Discounted) Rates*
• Partner- $495
• Associate - $435
• Paralegal - $295
Attachment 2
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*BWS charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long-distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.
O SS
BURKE, WILLIAMS & SORENSEN, LLP
Attachment 3
ATTACHMENT 3
PROJECTED SPEND EXCEL SPREADSHEET
4903-1509-4031 v1
Attachment 3
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ATTACHMENT 3
PROJECTED SPEND EXCEL SPREADSHEET
ConcordNavalW eapons Station
AL H E c o n o m i c s
Bur k eW i l l i a m s &
S o r e n s e n , L L P
E n v i r o n m e n t a l
R i s kS e r v i c e s
Co r p .
E n v i r o n m e n t a l
S c i e n c e
As s o c i a t e s
F i e l d m a n&
R o l a p p( p e n d i n g )
Ga r r i t y & K n i s e l y
Gua r d i a nS e c ur i t y
Ag e n c y
HR & A Ad v i s o r s
HT Ha r v e y &
As s o c i a t e s
I n t e g r a l
Co n s ul t i n g
J a r v i s F a y
P l a c e W o r k s
T o w i l l S ur v e yi n g
( p e n d i n g )
T r o ut m a nP e p p e r
S p e c i f i cP l a n
Co n s ul t a n t s
CE Q A
E n v i r o n m e n t a l
Co n s ul t a n t s
K i t t e l s o na n d
As s o c i a t e s , I n c .
As s o c i a t e dR i g h t
o f W a y S e r v i c e s
( P e n d i n g )
Go l f Co ur s e
Co n s ul t a n t( T BD)
CostEstim ate
Year 2 Mar. 2025-Feb. 2026 Year 2
2. 1 152, 317$
2. 2 30, 000$ 164, 920$
2. 3 445 , 969$
2. 4 464, 8 30$
2. 5 7 25 , 000$ 7 25 , 000$
2. 6 24, 6 92$
2. 7 -$
2. 8R e m e d i a t i o nM o n i t o r i n g 12, 000$ 12, 000$
2. 9 40, 000$ 40, 000$
2. 10 5 0, 000$ 8 0, 000$
-$ 8 07 , 000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 0, 000$ 2,109,728$ Year 3 Mar. 2026-Feb. 2027 Year 3
3. 1 230, 5 55$
3. 2 25 , 000$ 165 , 5 8 6$
3. 3 330, 226$
3. 4 510, 08 2$
3. 5 310, 000$ 310, 000$
3. 6 -$
3. 7 -$
3. 8R e m e d i a t i o nM o n i t o r i n g -$
3. 9 20, 000$ 20, 000$
3. 10 35 , 000$
-$ 355 , 000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,601,449$ Year 4 Mar. 2027-Feb. 2028 Year 4
4. 1 -$
4. 2 10, 000$ 10, 000$
2. 3 -$
4. 4 -$
4. 5 210, 000$ 210, 000$
4. 6 -$
4. 7 -$
4. 8R e m e d i a t i o nM o n i t o r i n g -$
4. 9 15 , 000$ 15 , 000$
4. 10 35 , 000$
-$ 235 , 000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1, 397 , 000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 0, 000$ 3,946,177$ Subtotal
Co m m un i t y O ut r e a c h
R e s o ur c eP e r m i t t i n g
E DC N e g o t i a t i o n s
O t h e r
S p e c i f i cP l a n
I n f r a s t r uc t ur eM a s t e rP l a n
CE Q A R e v i e w
L R A O p e r a t i o n s
DDA N e g o t i a t i o n s
Total
Total
Co m m un i t y O ut r e a c h
O t h e r
P r o j e c t e d S p e n d W o r k s h e e t
1/ 6/ 2025
S p e c i f i cP l a n
I n f r a s t r uc t ur eM a s t e rP l a n
CE Q A R e v i e w
L R A O p e r a t i o n s
DDA N e g o t i a t i o n s
Subtotal
Consultants
O t h e r
Subtotal
S p e c i f i cP l a n
I n f r a s t r uc t ur eM a s t e rP l a n
R e s o ur c eP e r m i t t i n g
E DC N e g o t i a t i o n s
R e s o ur c eP e r m i t t i n g
E DC N e g o t i a t i o n s
CE Q A R e v i e w
L R A O p e r a t i o n s
DDA N e g o t i a t i o n s
Co m m un i t y O ut r e a c h
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Environmental Risk Services Corporation, S Corporation, 1515 Oakland Blvd, Suite 250, Walnut Creek, CA 94596 (“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 April 1 , 2025 and expire on March 31, 2026.
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2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Two Hundred Twenty-
Eight Thousand Five Hundred dollars ($228,500) for the term of this Agreement. 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 Attachment 3
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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 Guy Bjerke , Director of the Economic Development and Base Reuse. The CONSULTANT ’s authorized representative is Mark O' Brien , Chief Executive Officer.
5. AMENDMENT TO AGREEMENT. This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times
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remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s 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
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consultants, subconsultants, experts, or contractors without the pr ior 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 expens es to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: 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 re striction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut 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.
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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
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
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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 o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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 notifie d 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.
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16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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
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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 a nd no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
//
//
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
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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 r egistered 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: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]
To CONSULTANT: Mark O' Brien,
Chief Executive Officer
Environmental Risk Services Corporation
1515 Oakland Blvd, Suite 250
Walnut Creek, CA94596
Phone: (925)938-1600
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Mark O' Brien Name: Valerie J. Barone
Title: Chief Executive Officer Title City Manager
Address: 1515 Oakland Blvd, Suite 250 Address: 1950 Parkside Drive Walnut Creek,CA 94596 Concord, CA 94519
Telephone: (925)938-1600 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $228,500. Account Code 4029500C999-63800/4022721211-63800 .
Finance Director's Signature
Exhibit A
ENVIRONMENTAL RISK SERVICES CORPORATION
DRAFT SCOPE OF WORK for March 2025 – February 2028
The following scope of work describes Environmental Risk Services (ERS) assessment of project tasks needed to support the environmental, insurance, risk management, and review and negotiation support required during the March 2025 through February 2028 period.
The scope shown below conforms to the requested project tasks as detailed on the accompanying spreadsheet provided by the City of Concord. ERS’ expertise is primarily described under the “Remediation Monitoring” project task, though the range of tasks ERS has provided for the City does not fit easily into that description. Therefore, we have provided subheadings to further describe the various types of activities we anticipate providing, including those covered under the overall Remediation Monitoring category.
Please note that if an Environmental Services Cooperative Agreement (ESCA) is developed as the vehicle for transfer, then separate task categories will be needed for the costs (not included here) for environmental consulting services under an ESCA.
Costs are developed in the spreadsheet assuming hourly consulting rates for five professionals as detailed below:
Description Rate
Risk Program Manager $250/hr.
Senior Geoscientist $225/hr.
Senior Civil Engineer $255/hr.
Senior Environmental Engineer $255/hr.
Graphics and GIS Specialist $195/hr.
Infrastructure Master Plan and Specific Plan:
• Develop and support City of Concord with environmental and strategic considerations of the Infrastructure Master Plan and Specific Plan including remedial requirements, environmental data overlays, Land Use Controls, soil management plans and construction support requirements, support for potential soil containment development, future monitoring requirements, and suitability for development, meetings and discussions with City, consultants and regulatory agencies
Disposition and Development Agreement (DDA) Negotiations:
• Develop and support City of Concord with a disposition strategy for real property including environmental remedial requirements, future monitoring requirements, and suitability for development
• Support City in land use plan strategy and review
• Assist in developing remedial strategies that support City, public, and development goals including phasing
• Meetings, discussions and technical support with Brookfield and consultants
Remediation Monitoring:
Transfer and Regulatory Support:
• Review and comment on transfer agreements with Navy and State and Federal regulators
• Provide engineering and environmental services to support the City of Concord for future land uses
• Provide engineering support for Cost-To-Complete modeling • Support City of Concord in development and review of transfer related agreements including LUCs, FFSRA, Covenant Deferral, FOST/FOSET, Consent, Deeds, ESCA/ETCA • Meetings and discussions and correspondence with regulatory agencies • Meetings and discussions with the City of Concord and Brookfield consultants including attorneys, planners, real estate specialists
Developer and Consultants Technical Support:
• Support City of Concord in negotiations with the Navy and State and Federal regulators • Environmental data, engineering, and graphics support for ENGEO and Geosyntec • Support City of Concord in review of Brookfield reuse and remedial strategies and procedures
• Preparation of Site Management Plans and technical documents in conjunction with Brookfield, consultants, and Navy
Technical Document Review:
• Review and comment on environmental reports prepared by the Navy and their consultants
• Review regulator correspondence and comments from multiple agencies including
USEPA, RWQCB, DTSC, CDPH, F&G, F&W
• Support City of Concord in remaining aware of environmental issues of concern • Technical Liaison with Navy, RPMs, and City
Risk Management and Environmental Insurance Acquisition:
• Provide support to the City of Concord for risk evaluation, risk mitigation, and liability management for environmental, engineering, and conveyance issues • Meetings and discussions with the City of Concord and City consultants • Negotiation and placement of environmental insurance policies • Provide broker and underwriter support for the development of an environmental insurance program including placement and policy review • Provide technical support and presentations to underwriters to transfer site status and
technical information
• Review draft insurance policies and exclusionary language • Meetings with underwriters, broker, and attorneys
Economic Development Conveyance Negotiations:
• Provide environmental and risk management support to the City of Concord for negotiation of the EDC agreement with the Navy
• Provide support to discount fair market value for the EDC agreement
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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.
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Environmental Science Associates (ESA), S Corporation, 550 Kearny Street, Suite 800, San Francisco, California 94108 (“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 April 1 , 2025 and expire on March 31, 2026.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Five Hundred Fourty-
Three Thousand Two Hundred and Sixty Six dollars ($543,266) for the term of this Agreement. 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 Attachment 4
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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 Guy Bjerke , Director of the Economic Development and Base Reuse. The CONSULTANT’s authorized representative is Christie Beeman, Director.
5. AMENDMENT TO AGREEMENT. This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times
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remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s 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
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consultants, subconsultants, experts, or contractors without the pr ior 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 expens es to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: 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 re striction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut 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.
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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
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
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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 o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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 notifie d 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.
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16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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
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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 a nd no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
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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.
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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 r egistered 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: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]
To CONSULTANT: Christie Beeman,
Director
Environmental Science Associates (ESA)
550 Kearny Street, Suite 800
San Francisco, California94108
Phone: (510)463-6732
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Christie Beeman Name: Valerie J. Barone Title: Director Title City Manager
Address: 550 Kearny Street, Suite 800 Address: 1950 Parkside Drive San Francisco,California 94108 Concord, CA 94519
Telephone: (510)463-6732 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $543,266. Account Code 4029500C999-63800/4022721211-63800 .
Finance Director's Signature
180 Grand Avenue
Suite 1050
Oakland, CA 94612
510.839.5066 phone
510.839.5825 fax
esassoc.com
memorandum
date February 28, 2025
to Suzanne Schwab
Associate Principal
Placeworks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
[email protected]
cc
from Andrew Collison, ESA
subject ESA scope and budget for Concord Reuse Project 2025-26 ESA is pleased to provide our revised scope and budget for the period March 2025 to February 2026.
Task 1.2 Infrastructure Master Plan/Mt Diablo Creek Flood Management
ESA will support the development of the Infrastructure Master Plan by providing review, input and analysis (e.g., flood capacity modeling of Mt Diablo Creek) with respect to the following elements: analysis of the potential impact of bridges and infrastructure on creek corridor resources and flood conveyance capacity of Mt Diablo Creek; need for regional flood detention and flood management facilities to be constructed within the Project Area to manage and avoid flood impacts; analysis of water levels to inform the developers stormwater management design, coordination of planning for the confined ‘pinch point’ where Mt Diablo Creek and several key infrastructure lines pass beneath Highway 4 and the BART line.
In conjunction with Task 1.7.4 (MDC 30% Channel and Flood Detention Basin Design) and Task 1.7.6 (MDC Draft 60% Channel and Flood Detention Basin Design), ESA will provide Mt. Diablo Creek flood management planning and analysis services to support channel design, CEQA analysis, detention basin design development, and FEMA compliance. In collaboration with City staff and the project team, for the 30% design development we will revise and update the elements of the regional Mt. Diablo Creek flood management plan (i.e. regional flood detention basins and channel improvements) shown in the ESA 2019 design plans and document the plan in a report that describes the plan elements and supporting analyses. Regional flood detention basins and channel improvements will be described at the conceptual level. The report will include hydrologic and hydraulic modeling documentation and results for existing (baseline) and proposed (with project) conditions. Under this Task, ESA will also provide technical support to City staff and the project team for flood management planning.
ESA scope and budget for Concord Reuse Project 2025-26
2 As the design plans advance to the draft 60% design level ESA will update the hydraulic analysis to reflect the updated grading and revegetation plans, and will provide updated guidance on flood water surface elevations and regional flood detention basin design requirements.
Deliverables:
• 30% Draft and Final flood management plan report. Final report based on one set of consolidated review comments from the project team.
• Draft 60% Draft and Final flood management plan report. Final report based on one set of consolidated review comments from the project team.
Assumptions:
• The area available for the flood detention basin footprint will be similar to the site assessed during the ESA 2019 design plan development.
• Hydraulic analysis in support of restoration design development is covered in other tasks. • FEMA CLOMR application is not included.
• The flood management plan for the EDC area will be addressed by others and will not be addressed in the regional Mt Diablo Creek flood management plan.
Task 1.7 Natural Resources Permitting
Assumptions
ESA will conduct geomorphic, hydrology and hydraulic analyses and develop engineering plans for the approximately 300-foot-wide corridor of Mt Diablo Creek (MDC), the regional flood detention basin and the ‘airfield’ mitigation wetland needed to support the application for Natural Resource Permits. This will include 30% engineering plans and supporting materials to initiate permitting consultation with the US Army Corps of Engineers (USACE), San Francisco Bay Regional Water Quality Board (SF RWQCB) and California Department of Fish and Wildlife (CDFW) and 60% engineering plans including detailed grading and materials to support the formal application process. These submittals will also support the Master Developer by developing construction cost estimates for activities within the creek corridor. To the extent possible, ESA will build on and update previously developed Preliminary Engineering Plans (ESA, 01/09/2019) for the creek corridor and regional flood detention basins that were developed for the City of Concord (City) based on the 2019 landuse and mass grading plan of the previous Master Developer. The degree to which ESA will be able to reuse previous materials and studies will depend on how much the new Master Developer changes mass grading, bridge crossings, stormwater outfalls and other features that intersect with the MDC creek corridor. For the scope of work and budget below, ESA has assumed that the creek restoration and flood management corridor will be similar to the footprint shown in the ESA 2019 plans, with changes to bridge locations and stormwater outfalls that will require updates to the creek grading and planting plans. The scope and budget assume that ESA will be responsible for the design of creek grading plans within the 300-foot-wide MDC creek corridor (centered approximately 150-foot off the centerline of MDC) and of the regional flood detention basin(s) and ‘airfield’ mitigation wetland, and that others will be responsible for the vegetation plan within these areas, and the grading and revegetation plans in all other areas. ESA assumes that all infrastructure within the MDC corridor apart from stormwater outfalls will be designed by others.
ESA scope and budget for Concord Reuse Project 2025-26
3 ESA assumes that the Master Developer will be responsible for grading of the Willow Pass Creek corridor, with ESA and the Master Developer collaborating on the design of the confluence of Willow Pass Creek and MDC.
ESA is happy to expand its scope and budget to include design of Willow Pass Creek if requested. ESA also assumes that it will develop the MDC regional flood detention basins required to manage creek flows entering the site from upstream and from flood containment in the MDC channel, but that the Master Developer will design on-site stormwater management for local runoff arising from the development, including stormwater that flows from the development to MDC. Additional assumptions are included in the sub tasks below.
1.7.1 Team Meetings and Project Management
ESA assumes that the City’s consultant team will have a bi-weekly one-hour meeting for the whole permitting and design team, and a bi-weekly meeting of the team focused on creek design and permitting issues throughout the period covered by this scope of work (March 2025-February 2026).
1.7.2 Field and Desktop Review of Existing Conditions
ESA will conduct a site reconnaissance to view the MDC channel corridor to see if conditions have changed significantly since the 2019 plans were developed. The site visit will be used to orientate task leads for engineering, hydrology and revegetation planning on site conditions. If conditions have changed significantly ESA will provide guidance to the City on the required steps to address the site design development.
Assumptions:
• ESA assumes the Master Developer will provide up to date topographic information of the creek corridor and surrounding area that can be used as a basis for CAD plans.
1.7.3 Coordination with Master Developer on Site Footprint and Creek Corridor Grading
ESA will provide materials and briefings on the creek corridor and flood management issues to the Master Developer, or other relevant stakeholders identified by the City. ESA will review the previous creek restoration and flood plans with the City and the Master Developer to identify which elements can be retained and updated, and which may need to be amended or reconsidered under a new site plan. ESA will review site plans developed by the Master Developer team and participate in coordination meetings to integrate overlapping components of the project (e.g., elevations of development areas with respect to flood inundation and elevation, creek crossings, coordinating grading transitions at the boundary of the MDC creek corridor and the development area).
1.7.4 Update Mt Diablo Creek and Regional Flood Detention Basin 30% Engineering Design
ESA will prepare 30% Design Plans and a Basis of Design Report for the MDC creek corridor and regional flood detention basins. The purpose of the preliminary design report is to document the preferred design alternative for resource agency permit applications. We assume this preliminary design report will be submitted to the City in winter of 2024-25. The purpose of the 30% engineering design submittal is to finalize the design concept, specify and finalize the geometric footprint of the Mt. Diablo Creek restoration design, and confirm the construction phasing. The 30% engineering design submittal will include half-size 11x17 engineering drawings, an engineer’s estimate of probable costs, and a Basis of Design Report. The Basis of Design Report is considered a living
ESA scope and budget for Concord Reuse Project 2025-26
4 document that will be updated at various design milestones (e.g. 60% design, 90% design). The preliminary list of sheets is presented in Table 1.
Deliverables:
• Half-size 11x17 engineering drawings, submitted in pdf format • 30% Opinion of Probable Costs for Mt. Diablo Creek restoration • 30% Basis of Design Report for Mt. Diablo Creek restoration
TABLE 1 PROVISIONAL LIST OF BASIS OF 30% ENGINEERING DESIGN SHEETS Title Description/Content Number
of Pages
Title Sheet Map of project location, boundaries for site development, creek corridor, and EBRPD park 1 General Notes General notes, legend, abbreviations 2
Creek Restoration Plan Footprint and geometric design for culvert removal, bank stabilization grading, and detention basins. Scale: 2,000 ft = 1 inch.
1 Creek Profile Overview Existing and proposed grades, locations of removed culverts, new grade control structures, new crossings, incoming drainages.
1 Existing Conditions Existing grade topography; staging and access; vegetation; infrastructure to preserve and demolish. Scale: 100 ft = 1 inch
15 Creek Detail Plan &
Profile
Design grade profile, limit of grading, top of bank, toe of bank, preserved existing main channel, extent of floodplain; locations of new grade control structures, new crossings, high-value habitat to preserve; identify project elements for coordination with others. Scale: 100 ft = 1 inch. 15 Typical Sections Typical grading sections that illustrate typical design conditions (geometries, vegetation, adjacent infrastructure, etc.)
2 Total 37
Assumptions:
• Plans will cover the MDC creek corridor from Bailey Road to the southern end of the Diablo Creek Golf Course
• Infrastructure demolition plans,
including existing culvert removal and water control plan, by others • ESA will use the Contra Costa County LiDAR dataset (2007) or more recent data if available for existing conditions topography and as the basis for preliminary grading design. Comprehensive topographic and utility survey (by others) will be necessary subsequent to 30% design to support design development, final design, and accurate cost estimating. Horizontal and vertical control of the site will be provided by others.
• Others will provide ESA with locations and type of new crossings (Civil 3D format) • Others will provide a match grade line to delineate the boundary between ESA creek corridor grading and the site and park developments
• Landscape and revegetation plans will be developed by others • New stormwater infrastructure by others
• Road crossing structural design by others
• Public access, trails by others
ESA scope and budget for Concord Reuse Project 2025-26
5 1.7.5 Airfield Mitigation Wetland 30% Engineering Design ESA will update 30% Design Plans and a Basis of Design Report for the airfield mitigation wetland. The purpose of the preliminary design report is to document the preferred design alternative for resource agency permit applications. As a cost savings to the project, the 30% Design Plans and a Basis of Design Report will leverage the Mitigation Wetland design work performed by Arup for the Concord Reuse Project. ESA assumes that all information (data, analyses, design, etc.) from the Concord Reuse Project Basis of Design Report for Created Wetlands prepared by Arup in 2021 for the City of Concord will be made available. ESA anticipates grading footprints and depths will be carried forward from the work with Arup, with minor revisions to the shapes based on changes to the development and potential input from ESA restoration designers. ESA the Mitigation Wetlands won’t require channel or bank rock protection or habitat enhancement structures (design limited to grading and revegetation). ESA assumes revegetation will be planned by others. We assume this preliminary design report will be submitted to the City in Fall of 2025. The purpose of the 30% engineering design submittal is to finalize the design concept, specify and finalize the geometric footprint of the Mitigation Wetland design, and supporting initiating permitting. The 30% engineering design submittals will include half-size 11x17 engineering drawings, an engineer’s estimate of probable costs, and a Basis of Design Report. The Basis of Design Report is considered a living document that will be updated at various design milestones (e.g. 60% design, 90% design). The preliminary list of sheets is presented in Table 2.
Deliverables:
• Half-size 11x17 engineering drawings, submitted in pdf format • 30% Opinion of Probable Costs for airfield wetland mitigation site • 30% Basis of Design Report for airfield wetland mitigation site
TABLE 2 PROVISIONAL LIST OF BASIS OF 30% AND DRAFT 60% ENGINEERING DESIGN SHEETS Title Description/Content Number
of Pages
Title Sheet Map of project location 1
General Notes General notes, legend, abbreviations 1
Wetland Restoration
Plan
Footprint and geometric design for Scale: 200 ft = 1 inch. 1 Existing Conditions Existing grade topography; staging and access; vegetation; infrastructure to preserve and demolish. Scale: 50 ft = 1 inch
10 Wetland Detail Plan Limit of grading, top of bank, toe of bank, design grade topography (60% Design Only) preserved existing wetlands, locations of new roads, new crossings,; identify project elements for coordination with others. Scale: 50 ft = 1 inch.
10 Typical Sections Typical grading sections that illustrate typical design conditions (geometries, vegetation, adjacent infrastructure, etc.)
2 Total 25
ESA scope and budget for Concord Reuse Project 2025-26
6 1.7.6 Mt Diablo Creek and Regional Flood Detention Basin Draft 60% Engineering Design
Task 1.7.7 involves advancing the 30% design to the Draft 60% design level for the Mt. Diablo Creek corridor and the regional flood detention basins. The purpose of the Draft 60% design is to support specific permit submittals, and thus the goal of the submittal is to define and finalize all key project elements and features that drive the project outcome and cost. This task assumes coordination of the creek restoration design elements with other project consultants.
In addition to the sheets listed Table 1, the Draft 60% engineering design submittal will include additional sheets for horizontal and vertical grading control, construction access and staging, in-stream structure details, structural details for crossings (to be provided by others), and temporary erosion control. Depending on project phasing, the creek restoration may be split into separate bid packages.
TABLE 3 PROVISIONAL LIST OF BASIS OF DRAFT 60% ENGINEERING DESIGN SHEETS Title Description/Content Number
of Pages
Title Sheet Map of project location, boundaries for site development, creek corridor, and EBRPD park 1 General Notes General notes, legend, abbreviations 2
Creek Restoration Plan Footprint and geometric design for culvert removal, bank stabilization grading, and detention basins. Scale: 2,000 ft = 1 inch.
1 Creek Profile Overview Existing and proposed grades, locations of removed culverts, new grade control structures, new crossings, incoming drainages.
1 Existing Conditions Existing grade topography; staging and access; vegetation; infrastructure to preserve and demolish. Scale: 100 ft = 1 inch
15 Creek Detail Plan &
Profile
Design grade topography, limit of grading, top of bank, toe of bank, preserved existing main channel, extent of floodplain; locations of new grade control structures, new crossings, high-value habitat to preserve; erosion control application areas; identify project elements for coordination with others. Scale: 100 ft = 1 inch.
15 Typical Grading
Sections
Typical grading sections that illustrate typical design conditions (geometries, vegetation, etc.) 2 Grade Control Structure
Detail
Typical culvert removal and new roughened channel/engineered streambed detail 2 Bank Stabilization Detail Vegetated rock toe protection, brush mattress, live pole planting, double-layer erosion control fabric 1 Habitat Details Tree salvage for wood structures (topple tree, habitat wood structure), willow baffles for floodplain roughness
2 Erosion Control Details Guidance on placement of erosion control fabric and coir rolls along creek banks. 1 Total 43
Deliverables:
• Draft Half-size 11x17 engineering drawings, submitted in pdf format • Draft 60
% Opinion of Probable Costs for Mt. Diablo Creek restoration and flood detention basin
ESA scope and budget for Concord Reuse Project 2025-26
7 • Draft 60% Basis of Design Report for Mt. Diablo Creek restoration and flood detention basin • Draft technical specifications table of contents for Mt Diablo Creek restoration and flood detention basin
Assumptions:
• Plans will cover the MDC creek corridor from Bailey Road to the southern end of the Diablo Creek Golf Course
• Comprehensive topographic and utility survey, including horizontal and vertical control, will be conducted by others provided to ESA in AutoCAD Civil 3d format. • City to provide a single set of consolidated comments from regulatory agencies regarding the 30% design submittal by Q4 2018.
• Project team will provide 30%-level design in electronic format (GIS or AutoCAD Civil 3d) for site-wide design
• Infrastructure demolition plans, including existing culvert removal and water control plan, by others • Landscape and revegetation plans will be advanced by others • New stormwater infrastructure by others
• Road crossing structural design by others
• Public access, trails by others
• Division 0 Contracting and Procurement, and Division 1 General Specifications prepared by others
1.7.7 Airfield Mitigation Wetland Draft 60% Engineering Design Task 1.7.8 involves advancing the 30% design to the Draft 60% design level for the airfield mitigation wetland.
The purpose of the Draft 60% design is to support specific permit submittals, and thus the goal of the submittal is to define and finalize all key project elements and features that drive the project outcome and cost. As a cost savings to the project, the 60% Design Plans and a Basis of Design Report will leverage the Mitigation Wetland design work performed by Arup for the Concord Reuse Project. ESA assumes that all information (data, analyses, design, etc.) from the Concord Reuse Project Basis of Design Report for Created Wetlands prepared by Arup in 2021 for the City of Concord will be made available. ESA the Mitigation Wetlands won’t require channel or bank rock protection or habitat enhancement structures (design limited to grading and revegetation). ESA assumes revegetation will be planned by others.
The Draft 60% engineering design submittal will include additional sheets for horizontal and vertical grading control, construction access and staging, structural details for crossings (to be provided by others), and temporary erosion control. Depending on project phasing, the creek restoration may be split into separate bid packages. This will entail detailed grading in Civil3D and revegetation planning to support cost estimating, mitigation benefits, and permitting impact calculations.
Deliverables:
• Draft Half-size 11x17 engineering drawings, submitted in pdf format • Draft 60% Opinion of Probable Costs for airfield wetland mitigation site • Draft 60% Basis of Design Report for airfield wetland mitigation site • Draft technical specifications table of contents for airfield wetland mitigation site
ESA scope and budget for Concord Reuse Project 2025-26
8 Budget
ESA’s requested budget is summarized in Table 4.
TABLE 4. ESA BUDGET BY TASK AND SUBTASK
Number Task Sub task Budget
Task 1.2 Infrastructure Master Plan 1.2.1 Mt Diablo Creek Flood Management Planning $ 122,792 Task 1.7 Natural Resources Permitting
1.7.1 Team Meetings $ 35,778
1.7.2 Field and Desktop Review of Existing Conditions $ 9,000
1.7.3 Coordination with Master Developer $ 20,000
1.7.4 Update Mt Diablo Creek and Regional Flood Detention Basin 30% Engineering Plans $ 50,696
1.7.5 Airfield Mitigation Wetland 30% Engineering Design $ 45,000
1.7.6 Update Mt Diablo Creek and Regional Flood Detention Basin Draft 60% Engineering Plans $ 145,000
1.7.7 Airfield Mitigation Wetland 60% Engineering Design $ 115,000 Grand Total $ 543,266
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on April 1, 2025 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Garrity and Knisely, PLLC, a Massachusetts domestic professional limited liability company, 30 H oward Street, Unit 30-3, Somerville, Massachusetts 02144 ("CONSULTANT").
WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.
WHEREAS, CITY desires to contract with CONSULTANT f or provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:
1. Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Review of easement and/or access rights related to natural resource permitting requirements, including the Reciprocal Access Agreement.
2. Advice regarding remediation issue impacts on Project EDC and Resource Permitting.
3. Review of any potential conflicts in requirements of BRAC law with obligations of the City under resource permits or mitigation requirements.
4. Support City in negotiations with the Navy on the EDC MOA and provide advice on any related matters directed by LRA from time to time.
B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants
and/or expert witnesses.
2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until March 31, 2026 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.
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28 3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follows:
David Knisely, Partner - $300 per hour
CONSULTANT will bill time monthly on a
straight hourly basis. CONSULTANT charges
clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long- distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.
For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.
The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed One Hundred Fourty-Six Thousand Three Hundred Seventy Five ($146,375) through March 31, 2026, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.
4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.
5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:
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6. CITY -Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY- authorized representative is the City Attorney.
7. Termination.
A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days ’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.
B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.
C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the
work described in Paragraph 1 above . At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,
8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer;
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28 recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants fo r employment, notices setting forth the provisions of this nondiscrimination clause.
B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage . CONSULTANT shall maintain commercial general liability insurance with limits of no less than One M illion Dollars ($1,000,000) combined single limit per occurrence or T wo Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage . CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less t han One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements .
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its o fficers, officials, employees and volunteers for
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E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt noti ce 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, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A -7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to
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28 require complete certified copies of all required insurance policies at any time.
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 ne gligence, recklessness, or willful misconduct of CONSULANT 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 demans, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage
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28 prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: David Knisely, Esq.
Garrity and Knisely, PLLC
30 H oward Street, Unit 30-3
Somerville, MA 02144
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT
:
Garrity and Knisely, PLLC
By: ____________________________________________
Name: David Knisely, Esq.
CITY OF CONCORD
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28 By: ____________________________________________
Susanne Meyer Brown, City Attorney
Garity & Knisely 2/27/2025
Set forth below are updated budget estimates and related scopes of work for Year 2 Concord Navel Weapons Station work,
April 2025 through March 2026.
Project Task 1.7, Resource Permitting
As EDC negotiations progress, language regarding easements and/or access rights related to resource permitting requirements will have to be coordinated with provisions of the EDC Term Sheet and EDC MOA. Language related to permitting requirements may also have to be refined for placement in the EDC MOA and deeds.
Review of any potential conflicts in requirements of BRAC law with obligations of the City under resource permits or mitigation requirements will also have to be completed.
Budget Estimate: $16,875
Project Task 1.8, Remediation Monitoring
As ongoing Navy environmental cleanup activity progresses, proposed land use controls, and site management plans related to MEC remediation will have to be negotiated and reviewed for development impacts and legal risks to the City. Findings of Suitability to Transfer (“FOSTs”) will also have to be reviewed. Close coordination with EPA and DTSC will be necessary with regard to all of these issues.
Budget Estimate: $4,500
Project Task 1.9, Economic Development Conveyance (“EDC”) Negotiations In order to conclude the transfer of the EDC parcels to the City, an EDC Term Sheet and EDC MOA will have to be negotiated with the Navy, for approval by City Council and the Department of Defense. These are comprehensive documents that contain all aspects of the transfer of the EDC parcels to the City, including price and payment terms, parcel phasing requirements, caretaker obligations pending property transfer and use of sale proceeds by the City under EDC regulations.
In support of the EDC MOA, the LBAs with the homeless providers may have to be amended. In addition, the EDC MOA will have to be closely coordinated with requirements of the Master Developer.
Budget Estimate: $125,000
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and HR&A Advisors, Inc., S Corporation, 700 S. Flower Street Suite 2995, Los Angeles, CA 90017 (“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 April 1 , 2025 and expire on March 31, 2026.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Fourty-Five Thousand
Six Hundred dollars ( $45,600) for the term of this Agreement. 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.
Attachment 6
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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 Guy Bjerke , Director of the Economic Development and Base Reuse. The CONSULTANT’s authorized representative is Paul J. Silvern, Vice President.
5. AMENDMENT TO AGREEMENT. This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
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,
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officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s 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 pr ior written approval of the CITY .
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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 expens es to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: 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 re quest, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut 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
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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, pertai n to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
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
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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 o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
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 notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
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A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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
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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
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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.
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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 r egistered 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: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]
To CONSULTANT: Paul J. Silvern,
Vice President
HR&A Advisors, Inc.
700 S. Flower Street Suite 2995
Los Angeles , CA90017
Phone: (310)581-0900
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Paul J. Silvern Name: Valerie J. Barone Title: Vice President Title City Manager
Address: 700 S. Flower Street Suite 2995 Address: 1950 Parkside Drive Los Angeles,CA 90017 Concord, CA 94519
Telephone: (310)581-0900 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $45,600. Account Code 4029500C999-63800/4022721211-63800 .
Finance Director's Signature
New York | Atlanta | Dallas | Los Angeles | Raleigh | Washington DC Memorandum
To: Suzann e Schwab, Placeworks
From: HR&A Advisors, Inc.
Date:
January 12, 2025
Re: HR&A Estimated 2025-2027 Budget for Advisory Services on Entitlements and Agreements with BCUS Acquisitions (BCUS) for Concord Naval Weapons Station Project Implementation
Attached herewith is a
three-year budget estimate totaling $232,359, based on your task and schedule guidance for March 2025 through February 2028. As in previous multi-year estimates, the budget is based on my personal time, although additional HR&A professional staff may be utilized from time to time to assist me, but all within the same budget allocations. As before, we also assume a two percent increase in my hourly rate for 2026 through 2028.
We propose
to provide the following revised scope of services within HR&A’s areas of expertise.
Year 2 – March 2025 through February 2026
Task 2.5 Development & Disposition Agreement/Development Agreement Negotiations. HR&A will participate, as needed, in negotiations for the Development & Disposition Agreement/Development Agreement (DDA/DA). We assume this will include HR&A time to:
• Review, comment on, and participate in meetings about draft DDA/DA agreement sections prepared by the City’s outside legal counsel, including any separate meetings with other members of the City’s financial team.
• Review, comment on, and participate in meetings about draft DDA/DA agreement section revisions proposed by BCUS’s legal counsel.
• Monitor BCUS’s initial preparation of the Draft Specific Plan, the Draft Environmental Impact Report, and progress on natural resource permitting and site remediation, to the degree those documents and procedures impact the terms and conditions of the DDA/DA and the project pro forma. • Review, comment on, and participate in meetings about periodic updates to the project pro forma as to the ability of project financials to accommodate the terms and conditions of the DDA/DA and the EDC, including any separate meetings with other members of the City’s financial team. • Review, comment on, and participate in meetings about updates to the draft fiscal impact report prepared by consultants to BCUS, including any separate meetings with other members of the City’s financial team.
• Review, comment on, and participate in meetings about the Community Facilities Districts (CFD) and Enhanced Infrastructure Financing District (EIFD) public financial assistance proposed by BCUS to help
HR&A Advisors Inc. | Revised CNWS Scope for 2024-2026 | 2 finance development of the project, and particularly the degree to which it meets City revenue neutrality requirements.
• Assist City staff to present and discuss the Draft DDA/DA, summarized pro forma, and other related matters with the City Council.
Task 2.9 Economic Development Conveyance Negotiations. HR&A will participate in negotiations between the City, BCUS and the U.S. Navy, as needed, to draft the Economic Development Conveyance Memorandum of Understanding (EDC MOA). We assume this will include HR&A time to:
• Assist the City team and BCUS to discuss the project pro forma with U.S. Navy representatives. • Review, comment on, and participate in meetings with the City team and BCUS about the project pro forma.
• Review, comment on, and participate in meetings with the City team to develop proposed terms and conditions for the Navy land conveyance to the City.
• Review, comment on, and participate in meetings about the Navy’s response to the City’s proposed land conveyance terms and conditions.
• Assist City staff to draft the land conveyance and other relevant sections of the Draft EDC MOA. • Assist City staff to present to and discuss the Navy land conveyance terms and conditions and the Draft EDC MOA with the City Council.
Task 2.10 Other. Allowance for:
• Any other services the City may request that are within HR&A’s area of expertise. • Travel costs for any in-person meetings for Tasks 2.5 and 2.9 listed above. We assume that HR&A will participate in most meetings via an on-line communication platform, but that some meetings may be conducted in person.
Year 3 – March 2026 through February 2027
Task 3.5 Development & Disposition Agreement/Development Agreement Negotiations. HR&A will continue to participate, as needed, in negotiations for the DDA/DA. We assume this will include additional HR&A time to:
• Review, comment on, and participate in meetings about any revised draft DDA/DA agreement sections prepared by the City’s outside legal counsel, including any separate meetings with other members of the City’s financial team.
• Review, comment on, and participate in meetings about any revised draft DDA/DA agreement section revisions proposed by BCUS’s legal counsel.
• Monitor preparation of the Draft Specific Plan, the Draft Environmental Impact Report, and draft recommendations for natural resource permitting and site remediation, to the degree those documents and procedures impact the terms and conditions of the DDA/DA and the project pro forma. • Review, comment on, and participate in meetings about the revised project pro forma as to the ability of project financials to accommodate the terms and conditions of the final draft DDA/DA and Draft EIR mitigation measures, including any separate meetings with other members of the City’s financial team. • Review, comment on, and participate in meetings about any revisions to the revised fiscal impact report prepared by consultants to BCUS, including any separate meetings with other members of the City’s financial team.
• Review, comment on, and participate in meetings about any revisions to the CFDs and EIFD public financing approach.
HR&A Advisors Inc. | Revised CNWS Scope for 2024-2026 | 3 • Assist City staff to present and discuss any updates to the Draft DDA/DA, summarized pro forma, and other related matters with the City Council.
Task 3.9 Economic Development Conveyance Negotiations. HR&A will continue to participate in negotiations
between the City, BCUS and the U.S. Navy, as needed, to revise the draft EDC MOA. We assume this will include HR&A time to:
• Assist the City team and BCUS to make any needed revisions to the financial transaction with U.S. Navy representatives for project land transfers, and related terms and conditions. • Assist City staff to make any needed revisions to other relevant sections of the Draft EDC MOA. • Assist City staff to present and discuss any needed revisions to the Navy land conveyance transaction terms and conditions and the Draft EDC MOA with the City Council.
Task 3.10 Other. Allowance for:
• Any other services the City may request that are within HR&A’s area of expertise. • Travel costs for any in-person meetings for Tasks 3.5 and 3.9 listed above. We assume that HR&A will participate in most meetings via an on-line communication platform, but that some meetings may be conducted in person.
Year 4 – March 2027 through February 2028
Task 4.5 Development & Disposition Agreement/Development Agreement Negotiations. HR&A will participate, as needed, in negotiations to finalize the DDA/DA. We assume this will include additional HR&A time to:
• Review, comment on, and participate in meetings about the final DDA/DA agreement sections prepared by the City’s outside legal counsel, including any separate meetings with other members of the City’s financial team.
• Review, comment on, and participate in meetings about the final DDA/DA agreement section revisions proposed by BCUS’s legal counsel.
• Review preparation of the Final Specific Plan, the Final Environmental Impact Report, and final recommendations for natural resource permitting and site remediation, to the degree those documents and procedures impact the terms and conditions of the final DDA/DA and project pro forma. • Review, comment on, and participate in meetings about the final project pro forma, including any separate meetings with other members of the City’s financial team. • Review, comment on, and participate in meetings about the final fiscal impact report, including any separate meetings with other members of the City’s financial team. • Review, comment on, and participate in meetings about the final form of the CFDs and EIFD. • Review and comment on the City staff report recommending approval of the Final Specific Plan, Final EIR, and Final DDA/DA, including the project pro forma.
• If requested, attend the City Council/LRA public hearing(s) to consider approval of all documents required to implement project entitlements.
Task 4.9 Economic Development Conveyance Negotiations. HR&A will continue to participate in negotiations between the City, BCUS and the U.S. Navy, as needed, to finalize the as needed. We assume this will include HR&A time to:
• Assist City staff to finalize the financial terms and conditions for the Navy land conveyance to the City.
HR&A Advisors Inc. | Revised CNWS Scope for 2024-2026 | 4 • Assist City staff to finalize the other relevant sections of the Final EDC MOA. • Assist City staff to present and discuss the
final Navy land conveyance terms and conditions and the Final Draft EDC MOA with the City Council.
Task 4.10 Other. Allowance for:
• Any other services the City may request that are within HR&A’s area of expertise. • Travel costs for any in-person meetings for Tasks 4.5 and 4.9 listed above. We assume that HR&A will participate in most meetings via an on-line communication platform, but that some meetings may be conducted in person.
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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.