HomeMy WebLinkAboutMINUTES - 08052003 - C.23 C.23
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on AUGUST 05, 2003 , by the following vote:
AYES: SLTERVISORS GIOIAA, UILKEMA., GREENBERG, GLOVER AND DESAULNIER
ABSENT; NONE
ABSTAIN: NONE
SUBJECT. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE City of
Brentwood and the Contra Costa County Flood Control. and
Water Conservation District for improvements within Deer
Creek Channel and Basin in Brentwood (Drainage Area 105)
(District III) Project No. 7590-6D8481
RELISTED: RELISTED ON SEPTEMBER 09, 2003
1 hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Attested: AUGUST 05, 2003
John Sweeten, Clerk of the Board
Of Supervisors and County Administrator
By.--/M4r .�
eputy Clerk
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM MAURICE M. SHIU, CHIEF ENGINEERC .
DATE: August 5, 2003
SUBJECT: Joint Exercise of Powers Agreement between the City of Brentwood and the Contra Costa County
Flood Control and Water Conservation District for improvements within Deer Creek Channel and
Basin in Brentwood. (.Drainage Area 105)(District 111)Project No. 7590-6D8481
SPECIFIC MUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair,Board of Supervisors, to execute a Joint Exercise of
Powers Agreement (JEPA)between the City of Brentwood(City) and the Contra Costa County
Flood Control and Water Conservation District(District)effective August 5, 20103 until
completion of project for financing and constructing a joint project consisting of a drop structure,
channel and pedestrian improvements within Deer Creek Channel and Basin,Brentwood area.
(Drainage Area 105)(District M)
ti. Fiscal Impact:
There is no financial impact to the General Fund.The estimated total,cost to the District is$29,525,
which is to be paid from drainage area fees collected on new developments within Drainage Area
Continued on Attachment: X SIGNATURE:
._ RECOMMENDATION OF BOARD COMMITT
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT l
AYES: NOES:
ABSENT: ABSTAIN:
EW.cd
G:\OrpData\F1dCti\Adtninistration\BmdOrders\2003 BO\Brentwood I hereby certify that this is a true and correct copy of an action
Deer Creek Drop JEPA 8-5-03.doc taken and entered on the minutes of the Board of
(Trig.Div: Public Warks-Flood Control Supervisors on the date shown.
Contact: .Eric Whan(313-2242)
cc: County Administrator ATTESTED:
County Counsel
County Assessor JOHN SWEETEN, Clerk of the Hoard of Supervisors and
County Treasurer-Tax Collector County Administrator
County Auditor/Controller
Public Works
M.Avalon,Deputy Public Works.Director By , Deputy
Accounting
SUBJECT: Joint Exercise of Powers Agreement between City of Brentwood and Contra Costa County Flood
Control and'Nater Conservation District for improvements within Deer Creek Channel and
Basin in Brentwood. (Drainage Area 1135)(District III)Project No. 7590-6D8481
]:SATE: August 5, 2003
PAGE: 2
H. Fiscal Impact(continued):
105. This amount includes$23,620 for consultant services to prepare final plans,specifications and estimate
for the Deer Creek Basin drop structure.A 25%contingency of$5,905 is included in the total to cover City
of Brentwood costs associated with the administration of the consultant services contract, and inspections
and material testing performed by the City during construction.For District items of work,actual costs that
are determined upon completion of the consulting services contract to exceed original estimates are the
financial responsibility of the District.
III. Reasons for Recommendations and Background:
The Flood Control District desires to remove an existing drop structure from Deer Creek Channel into Deer
Creek Basin and replace it with a new gabion drop structure as called out on the District's Drainage Area
105 plan for Deer Creek Basin.The City of Brentwood desires to construct a new pedestrian trail connection
down into Deer Creek channel and under Apple Hill Drive to allow an existing trail along Deer Creek to be
continuous and unimpeded. Blackhawk Services Company constructed the improved.beer Creek channel in
its present alignment as part of their adjacent subdivision work. This work was not done per the approved
drainage area plan and was therefore never accepted for maintenance by the Flood Control District.Channel
modifications,including minor regrading,are needed to correct inadequacies related to capacity and stability
within Deer Creek upstream of the drop structure and basin.
Because of the proximity of each agency's desired project,the City and District decided to enter into a JEPA
whereby both agencies could realize a savings in time and costs for design,permitting and.construction.The
Agreement designates the City as lead agency with the responsibility of entering into and administering a
consulting services agreement for preparation of joint project plans, specifications and estimate.The City
will initially pay all costs related to work performed by the consultant.Upon execution ofthe Agreement,the
District will deposit with the City, funds equivalent to the estimated cost of work to be performed by the
consultant with respect to the gabion drop structure as well as a 25%contingency.The District will provide
technical support and review and approval of final designn plans, specifications and estimate.
B lackhawwk Services Company has agreed to perform the work necessary to correct the Leer Creek channel
inadequacies since this work was a condition of approval of the original subdivision approval. Since this
work is in the immediate vicinity of the projects desired by the City and District,Blackhawk has also agreed
to construct the,gabion drop structure and pedestrian path projects in conjunction with their required work.
The final plans,specifications and estimate prepared by the City's consultant will be provided to Blackhawk
so that the various project components may be bid and constructed as one. The District will enter into a
separate reimbursement agreement with Blackhawk, in accordance with the District's adopted
Reimbursement Policy, for costs related to construction of the gabion drop structure.
IV. Consequences of Negative Action:
If the District does not enter into the JEPA, the improvements will not be built and the District will not
realize any cost benefit by having the three projects bid and constructed as one.
JOINT EXERCISE OF POWERS AGrREENIENT
BETWEEN
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER,CONSERVATION DISTRICT
AND
CITY OF BRENTWOOD
1, Partes: Effective on ,2003,the CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California,
hereinafter referred to as"DISTRICT",and the CITY"OF BRENTWOOD,a municipal corporation,
hereinafter referred to as"CITY",pursuant to Government Code Section 6500 and following,mutually
agree and promise as follows:
2. Purpose and Scope of Wo : The DISTRICT and CI'T'Y desire to construct a joint project consisting of a
gabion drop structure within Deer Creek.Basin and channel and pedestrian trail modifications within Deer
Creek channel(hereinafter referred to as"PROJECT").An existing drop structure will be removed and
replaced with a new gabion drop structure from Deer Creek channel into Deer Creek Basin as called out
on the DISTRICT's Drainage Area 105 plans for Deer Creek Basin.
The pedestrian trail modification will be constructed from the top of bank of Deer Creek channel down
into the channel and through the existing Apple Dill Drive culvert to allow the existing trail along Deer
Creek channel to pass under Apple Hill Drive unimpeded rather than at grade and across a private road.
Channel modifications,such as minor grading,will also be performed to correct inadequacies related to
capacity and stability within Deer Creek channel upstream of the drop structure into the basin.
The purpose of this agreement is to provide for joint construction of the PROJECT and the apportionment
of PROJECT duties and costs between the DISTRICT and the CITY.
3. Resvonsibilities of CITY and DISTRICT:
A. The CITY shall perform the following activities:
1) Act as lead agency to manage and implement the PROJECT.
2) Enter into and administer a consultant contract with Berryman&Henigar,Inc. (hereinafter
referred to as"CONSULTANT")for the scope of work as outlined in the report titled
"Revised Proposals for Deer Creek Channel Modifications&Trail Extension and Gabion
Drop Structure"as revised on September 3,2002(hereinafter referred to as"REPORT),
attached hereto as Exhibit A and incorporated herein,and as sumnim ized below:
a) Project management
b) Data collection,utility research and survey work
c) Hydrology/hydraulics studies
d) Channel modification and pedestrian trail alternative selection and preliminary design
e) Preparation of final plans,specifications and estimate
f) Provide support during bid solicitation, contract, award and construction
3) Provide information as requested by CONSULTANT and review and comment on all
submittals prepared by CONSULTANT in a timely manner.
4) Consult with the DISTRICT on proposed channel modifications and pedestrian trail
alternatives developed by CONSULTANT during preliminary design.
. t J
5) Review and accept final plans, specifications and estimate prepared by CONSULTANT after
approval of the final plans and specifications by DISTRICT's governing.body. CITY shall
submit final plans,specifications and estimate to the DISTRICT for approval by the
DISTRICT at least six(6)weeks prior to acceptance by the CITY.The CONSULTANT's
estimate for the PROJECT shall be submitted to the DISTRICT in a format that provides line
item costs for the gabion drop structure and for the channel and pedestrian trail modifications.
6) Submit accepted final plans, specifications and estimate to Blackhawk Services Company
(hereinafter referred to as"BLACKHAW")who will be the responsible party executing an
independent contract to construct the PROJECT.
7) Require BLACKHAWK to submit to the CITY a bid(s)for the PROJECT work for review
and approval, including a minimum of three(3)bids for the gabion drop structure portion of
the PROJECT. CITY shall forward bids to the DISTRICT for review and written approval of
costs associated with the gabion drop structure worn prior to the stark of work by
BLACKHAWK.
8) Perform all materials testing and inspection required for construction of the PROJECT.
9) Consult with the DISTRICT on all modifications to the plans, and submit all contract change
orders or extra work items related to the,gabion drop structure that exceed a ten percent
(10%)contingency for the gabion drop structure portion of the PROJECT(contingency based
on contract construction cost of the gabion drop structure as approved by the DISTRICT)to
the DISTRICT for review and written approval by the DISTRICT prior to BLACKHAWK
initiating work on the contract change orders or extra work.
10) Upon completion of the PROJECT by BLACKHAWK,the CITY and DISTRICT shall
conduct a final joint inspection of the PROJECT.After the DISTRICT has determined and
provided written notice to the CITY that those portions of the PROJECT to be reimbursed by
the DISTRICT to BLACK.HAIX (i.e. gabion drop structure)have been completed to the
DISTRICT's satisfaction,the CITY shall accept the PROJECT as complete for itself and the
DISTRICT.
11)Enter into a flowage and access easement with the DISTRICT in accordance with Section
6.13. below.
12) Amend the"Temporary Right to Enter and Use Flood Control Property"agreement between
the City and DISTRICT in accordance with Section 6.C.below.
B. The DISTRICT shall perform the following,activities:
1) Provide information as requested by CONSULTANT and review and comment on all
submittals prepared by CONSULTANT in a timely manner.
2) Consult with the CITY on proposed channel modifications and pedestrian trail alternatives
developed by CONSUL'T'ANT during preliminary design.
3) Review and comment on draft plans, specifications and estimate prepared by
CONSULTANT. Comments on draft plans,specifications and estimate shall be submitted to
the CITY within two(2)weeks of receipt.
ve tf
4) Within two(2)weeks following receipt of bid information from the CITY,DISTRICT shall
review and either approve or disapprove, in writing, costs associated with the gabion drop
structure work submitted by BLACKHAWK. The determination of eligible construction costs
will be based on at least three(3)independent bids. Upon DISTRICT acceptance of the bids,
in writing,the lowest bid shall be the basis for determination of the credit and reimbursement
amount.
The DISTRICT reserves the right to reject the submitted bids or any other proposed value of
eligible costs and to calculate costs and the fixed markups using current prices.
If BLACKHAWK elects to install a more costly system than as shown on the approved plans,
the DISTRICT reserves the right to calculate eligible hosts using current prices for only the
facilities shown on the adopted plan.
S) Issue a DISTRICT encroachment permit to BLACKHAWK,upon BLACKHAWK°s proper
application and satisfaction of all conditions for issuance of the permit,to allow
BLACKHAWK to construct the gabion drop structure component of the PROJECT on
DISTRICT right of way.
6) Consult with the CITY on modifications to the plans,change orders or extra work related to
construction of the PROJECT. DISTRICT shall review and provide written approval or
disapproval of contract change orders or extra work submitted by BLACKHAWK related to
the gabion drop structure that exceed a ten percent(10%)contingency for the gabion drop
structure portion of the PROJECT(contingency based on contract construction cost of the
gabion drop structure as approved by the DISTRICT)prior to BLACKHAWK initiating the
work on the contract change order or extra work. Should the DISTRICT disapprove of any
changes to the plans, change orders or extra work related to the gabion drop structure portion
of the PROJECT and the changes are made or work performed,the DISTRICT will not be
responsible for reimbursement of any of the costs associated with the work.
7) Upon completion of the PROJECT by BLACKHAWK,the DISTRICT and CITY shall
conduct a final joint inspection of the PROJECT. After DISTRICT has determined that the
PROJECT has been completed in accordance with the approved final PROJECT plans and
specifications,DISTRICT shall provide written notice to CITY of its approval of the
PROJECT.The DISTRICT shall not unreasonably withhold or delay its determination of
PROJECT completion provided that the work is performed in accordance with the approved
final PROJECT plans and specifications.
8) Upon satisfaction of the conditions set forth in Section 6.13. below,accept the dedication of
Deer Creek channel on the terms set forth in Section 6.B.
9) Enter into a flowage and access easement with the CITY in accordance with Section 6.13.
below.
10) Amend the"Temporary Right to Enter and Use Flood Control Property"agreement between
CITY and DISTRICT in accordance with.Section 6.C. below.
4. Financial Responsibility.
A. PROJECT Costs. The CITY shall be responsible for all costs associated with the channel and
pedestrian trail modification component of the PROJECT and the DISTRICT shall be responsible for
all costs, as determined in Section 3.8.4)above, associated with the gabion drop structure component
of the PROJECT.
1) CONSULTANT Contract Costs. CITY and DISTRICT acknowledge and agree that all costs
for work performed by CONSULTANT as outlined in the REPORT for the PROJECT shall
initially be paid for with CITY funds. The DISTRICT shall deposit with the CITY within
forty-five(45)days following execution of this agreement, funds estimated to cover the cost
of work to be performed by CONSULTANT with respect to the gabion drop structure, as set
forth in the REPORT,plus a contingency amount equal to twenty-five percent(25%)of the
CONSULTANT's cost for the gabion drop structure,as set forth in the REPORT.
Costs incurred by the CITY for administration of the CONSULTANT contract shall be split
equally between the CITY and DISTRICT,and the DISTRICT's share of such costs shall be
paid for out of the twenty-five(25%)contingency paid to the CITY by the DISTRICT.Costs
incurred by the CITY for inspection and material testing on the gabion drop structure portion
of the PROJECT shall be the responsibility of the DISTRICT and shall be paid for out of the
twenty-five percent(25%)contingency paid to the CITY by the DISTRICT.
Within ninety(90)days following completion of the consulting services contract with
CONSULTANT"and PROJECT construction by BLACKHAWK,the CITY shall submit to
the DISTRICT a final report of the receipt and disbursements related to the work performed
by CONSULTANT as well as CITY costs to perforin administration,inspections and material
testing.The final report shall be broken out by PROJECT component.The final report shall
include a cost summary,copies of all contracts and change orders,invoices and cancelled
checks.A final invoice for any additional amount owed to the CITY by the DIS'T'RICT to
cover costs associated with the gabion drop structure shall be submitted to the DISTRICT
with the final report. Upon approval of CITY's report,the DISTRICT shall pay any
outstanding amounts to the CITY within forty-five(45)days following receipt of the final
report. If the DISTRICT provided funds in excess of those shown in the final report,the
CITY shall refund these monies to the DISTRICT within forty-five(45)days following
submittal of the final report to the DISTRICT.
2) PROJECT Construction Costs. It is understood by both parties that BLACKHAWK will be
hiring an independent contractor to construct the PROJECT.The DISTRICT shall enter into a
separate agreement with BLACKHAWK for reimbursement of eligible costs related to the
construction of the gabion drop structure component of the PROJECT. Eligible items of work
are those specified on the adopted Drainage Area 105 plan and as shown on the approved
PROJECT plans or as otherwise allowed by the DISTRICT.
Any claim by BLACKHAWK for payment for work on the channel and pedestrian trail
modification component of the PROJECT shall be processed for payment by the CITY.The
DISTRICT shall not be responsible for reimbursement of any costs relating to any of the
channel and pedestrian trail modification work.
5. Insurance and Hold Harmless:
A. The contract documents for the CONSULTANT shall include provisions requiring the
CONSULTANT and all of its sub-consultants to(i)provide insurance in forms and limits
approved by DISTRICT and CITY, naming the DISTRICT,CITY,and Contra Costa County,
their officers, employees, consultants, and agents as additional insures,and, (ii)promise to
defend, indemnify and hold harmless DISTRICT, CITY, and Contra Costa County,their officers,
employees, consultants,and agents, from liability arising from or in any way related to the work
performed under the CONSULTANT contract.
The aforementioned insurance policy shall contain a provision that the insurance afforded thereby
to the additional insureds shall be primary insurance to the full limits of the policy and that, if any
of the additional insureds has other insurance or self-insurance against a loss covered by such
policy, such insurance or self-insurance shall be excess insurance only.Before beginning work
under the CONSULTANT contract,the CONSULTANT shall submit to CITY and DISTRICT
evidence of insurance providing the required coverage and requiring the carrier to give at least 30
days written notice to CITY and DISTRICT of any cancellation,non-renewal or material
modification of the policy.
B. Neither the DISTRICT,nor any officer,employee,consultant or agent thereof,shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the CITY in connection with the work delegated to the CITY under this agreement,and,
to the extent not covered by the above-described insurance or indemnification,the CITY shall
defend,indemnify,save and hold harmless the DISTRICT,its officers, employees,consultants
and agents from any and all claims, costs,penalties, fines, expenses,loss and liability, including
attorneys' fees, arising out of the willful misconduct or sole negligent acts,errors or omissions,of
CITY, it's officers,employees,and agents in the performance of this agreement.
C. Neither the CITY,nor any officer,employee,consultant or agent thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by the
DISTRICT in connection with the work delegated to the DISTRICT under this agreement,and,to
the extent not covered by the above-described insurance or indemnification,the DISTRICT shall
defend,indemnify,save and hold harmless the CITY,its officers,employees,consultants and
agents from any and all claims,costs,penalties,fines,expenses, loss and liability,including
attorneys' fees,arising out of the willful misconduct or sole negligent acts,errors or omissions, of
DISTRICT, it's officers,employees,and agents in the performance of this agreement.
D. Nothing in this agreement is intended or shall be construed to affect the legal liability of either
party to third parties by imposing any standard of care greater than that normally imposed by law.
6. Acceptance and Maintenance:
A. Upon acceptance of the PROJECT by the CITY,the DISTRICT shall own and be responsible for
maintaining the gabion drop structure component of the PROJECT.
B. It is the intent of the DISTRICT to accept ownership of the Deer Creek channel when the
capacity and stability issues within the channel are addressed to the satisfaction of the
DISTRICT.Upon completion of the Deer Creek channel modification work to be performed by
BLACKHAWR and acceptance of the PROJECT, and if it is determined by the DISTRICT,in its
sole discretion, that the work corrected the outstanding capacity and stability issues,and that the
remaining"punch-list"items of work previously identified in transmittals to the CITY from the
DISTRICT dated January 30, 1997 and October 11, 1999 have been completed and a flowage and
access easement across Apple Hill Drive have been offered to the DISTRICT,the.DISTRICT will
accept ownership of the Deer Creek channel,excluding ownership of the culvert crossing under
Apple Hill Drive and accept the flowage and access easement across Apple Hill Drive. The
acceptance of ownership will be accomplished in a manner consistent with the dedication on the
Final Map for Subdivision 7642.
C. Within thirty(30)days following DISTRICT acceptance of the Deer Creek channel right of way,
DISTRICT and CITY shall amend the"Temporary Right to Enter and Use Flood Control
Property"agreement between the CITY and DISTRICT,attached hereto as Exhibit B,to include
the Deer Creek Channel facility.
7. Agreement Modification: This agreement shall be subject to modification only with the written consent
of the legislative bodies of both parties.Neither party shall unreasonably withhold its consent to the
implementation and accomplishment of the overall purpose for which the agreement is drafted.
8. ;Restrictions: Pursuant to Government Code Section 6509,the powers of the parties under this agreement
shall be subject to the restrictions on such powers applicable to the DISTRICT.
9. Accountability: As required by Government Code Section 6505,both parties to this agreement shall
provide strict accountability of all funds received and disbursed for the joint PROSECT.
10. Agreement Termination: Unless terminated earlier through the mutual,written consent of the parties,this
agreement shall terminate upon final payment by the DISTRICT of any outstanding costs due to the
CITY or refund by the CITY of any overpayments by the DISTRICT as identified in the final report
prepared by the CITY as described in Section 4.A. above, and upon execution of a license agreement
between the CITY and DISTRICT for operation and maintenance of the pedestrian trail within
DISTRICT right of way.Notwithstanding termination of this agreement,the provisions of Section 5.8.
and S.C. shall survive such termination,
11. Integration: This agreement contains the full and final understanding of the CITY and DISTRICT
relative to the PROJECT and financing of the PROJECT.
12. Notices: All notices(including requests,demands,approvals or other communications)under this
agreement must be in writing. The place for delivery of all notices given under this agreement will be as
follows:
DISTRICT: Contra Costa County Flood Control District
255 Glacier Drive
Martinez, CA 94553
Attn:Eric Whan
CITY: City of Brentwood
708 Third Street
Brentwood,CA 9451.3
Attn:Ken DeSilva
13. Counterparts: The parties hereto recognize and agree that separate counterpart signature pages may be
used but that all such pages constitute one and the same agreement.
14. Construction: The section headings and captions of this agreement are,and the arrangement of this
instrument is,for the sole convenience of the parties to this agreement. The section headings,captions and
arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions
of this agreement.This agreement will not be construed as if it had been prepared by one of the parties,
but rather as if both parties have prepared it.The parties to this agreement and their counsel have read and
reviewed this agreement and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party will not apply to the interpretation of this agreement, The recitals are,
and will be enforced as, a part of this agreement.
1 S. Further Assurances: Whenever requested to do so by the ether party,each party will execute,
acknowledge and deliver all further conveyances,assignments,confirmations,satisfactions,releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary,expedient,or proper in order to complete all conveyances,transfers,
sales, and assignments under this agreement,and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this agreement.
16. Waiver: A waiver or breach of any covenant or provision in this agreement will not be deemed a waiver
of any other covenant or provision in this agreement, and no waiver will be valid unless in writing and
executed by the waiving party.
17. Severability: If any term or provision of this agreement is,to any extent,held invalid or unenforceable,
the remainder of this agreement will not be affected.
18. Governing Law and Venue: This agreement will be governed and construed in accordance with
California law. The venue of any litigation pertaining to this agreement will be Contra Costa County,
California.
CONTRA COSTA COUNTY
FLOOD CONTROL AND CITY OF BRENTWOOD
WATER CONSERVATION DISTRICT
By: B
Chairperson,Board of Supervisors John E. Stevenson,City Manager
ATTEST: ATTEST:
John Sweeton,Clerk of the Board of City Clerk
Supervisors and County Administrator
By: By:47�4A
Deputy I{ n Diaz,CMS
RECOMMENDED FOR APPROVAL: FORM APPROVED:
Maurice M. Shiu, By:
Dennis Beouher,City Attorney
By:
Deputy Chief Engineer
FORM APPROVED:
Silvano B. Marchesi,County Counsel
By:
Deputy
N a.
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The Power,to Ckww
The PowertD Build RECEIVED
SEP 18
20
o2
September 3, 2002 Contra Costa County
#oad ContrOt And
Water Consarrvation bistrict
Distribution: Ken DeSilva, City of Brentwood
Reference: Revised Proposals for Beer Creek Channel Modifications & Trail
Extension and Gabion Drop Structure, prepared by Berryman &
Kenigar, Revision date September 3. 2002
The following is a summary of the proposals and the budgets for each item of work.
Design of Brentwood Bike Rath & Gabion Drop Structure
Item 1 Berryman & Heniger- Scope of Services & Budget for
Deer Creek Channel Modifications & Trail Extension.
Revision Date 5eptarnber 3, 2002 $77,396
Item 2 Berryman & Henigar- Scope of Services & Budget for
Gabian Drop Structure, revised September 14, 2001.
Revision Date September 3, 200 $ 23,620
Total (items 1 &2) $ 101,016
K,,GCMt1Cttents%rentwoodlProposels-Sp{Ys\2it01-Appte Nitt Bike Lano\Scops&Budget September'02\Cover Sept-o2.doc
6150 Stoneridge Mall Road,Suite 370,Pleasanton,California 34588
(925)468-74000 ♦ Fax(925)468-7413 ♦ www.bhiine.com
6
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COST ESTIMATE FOR
DEER CREEK CHANNEL MODIFICATIONS&TRAIL EXTENSION(Brentwood Bike Path,B8P)
&GABION DROP STRUCTURE(CADS)
CITY OF BRENTWOOD l CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
Revised: September 3, 2002
May 9,2002
September 14, 2001
ASK I CAD Operator IAdmin Staff TA S
j NR8 CAST HRS CC787 NRS COST HRS COST NRS COST HRS COST
HouttyRatet 5480 1 $122 92 $85 $55
1.0 Project Management
1.1a Administration-BBP 2 $320 15 $1830 17 450
#.#b Admtnistration-GDS 2 $320 12 $1,464 44 __$1,764
1.28 Project Review Meetings-$SP #5 $1,830 20 $184{1 38 $3870
1.2b Project Review Meetings-GDS 6 $732 8 $7738 14 $1,468
1.3a quality Control-BSP 2 $320 10 $1220 12 $1540
1.3b quality Control-GDS 2 $320 4 $488 6
1.49 Pubic Meetings-SBP 10 $1220 40 $920 20 $2140
1.4b Pubic Meetings-GDS
Total Task 1.0 198 $13,560
2.0 Data Coliectlon
2.1a Utility Research-BSP 4 $488 8 $736 12 $1224
2.1b Utility Research-GDS 4 $488 8 $738 12 Si 224
229 Obtain Design Criteria SBP 8 $978 8 738 t6 $1,712
2.2b Obtain Design Criteria-GDS 4 $488 4 $488
2.3a Survey-BSP 4 $488 4 5488
2.3b Survey-GDS 2 $244 2 44
246 Geotechnical investigation-SBP 4 $488 4 $488
2.4a Geotechnical investigation-GDS
Total Task 2.0
64 $5,$88
3,0 CERA✓R Environmental
3.1a CEQA&Environmental-BSP 2 $244 2 44
3.1b CPQA&Environmental-GOS 2 $244 2 $244
Total Task 3.0 4 $488
4.0 Prellrninm Design
4.1a Hydrology Study-SBP 10 $#800 32 $3,904 32 52 944 74 ",448
4.2a Hydrology Study-GOS
4.2a Hydrology Report-BSP 2 $320 8 $978 10 $1298
4.2b Hydrology Report-GDS
4.3a Meetings w/City-BHP 8 $978 8 $978
4.3b Meetings w/City-GOS
Total Task 4.0 82 S110,720
Pale 1 of 2
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COST ESTIMATE FOR
DEER CREEK CHANNEL MODIFICATIONS&TRAM.EXTENSION(Brentwood Bike Path,SOP)
& 13ASION DROP STRUCTURE(CADS)
CITY OF BRENTWOOD i CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
Revised: September 3,2002
May 9,2002
September 14,2001
AS,KI 5n'o7neer If I C-0 Operator# Admin 777' TOTR S
HRS CsJSF HRS COST HR9 COST HRS CC)ST HRS CC}ST HRS COST
M RMm: $ 80 $122 1 $92 65 55
6.0 istna!I}eat#fin
5.te -Prepare Final Hydrology Report-BSP 4 $640 16 $1552 20 $1,840 40 $4,432
5.2b Prepare Final Hydrology Report-GDS
5.2a 50%PS&E-BSP 16 $1952 60 $5 520 20 $1,300 96 $8 772
5.211 50%PS&E G OS 16 $1952 20 $1,840 36 P'792
5.32 909E PS&E-BSP i6 $1952 50 $4 600 20 $1 300 10 $550 96 $8,402
5.3b 90%PS&E-GOS 8 $976 10 $920 4 $220 22 $2118
5.4a Fhal Plans-68P 5 $800 16 $1,952 40 $3,680 20 $1300 10 $550 91 $8 282
5.4b Fina!Plans-GDS 2 $320 4 $488 4 $368 4 $220 14 $1,398
rani Task 5.0 395 $37,182
6.0 Advertise 7 AWard€*wiod
8,12 I Advertise/Award Period-SBP 16 $1,052 8 $736 24 $2 688
13.lb AdveMse/Award Period-GDS 8 $876 4 $368 12 $1344
Total task 8,0 38 $4,032
7,0 consdmado►t support
71a Construction Support-SSP 16 $1,952 16 $1,472 8 $520 40 $3,944
7Ab Construction Support-GDS 8 $976 8 $736 16 1 712
Tota{Task 7.0 5g $5,0g8
TOTAL LABOR 31 $4,960 294 $35.868 334 $30,728 68 $4,420 26 $1,540 735 #77,f+18
SUBCONSULTANTS: ACCT,NO. TYPE NAME FEE
Geotschnical-BSP Terrasearch Inc. $023
Surveys-BBP Triad/Holmes $6,877
Surveys-GDS Triad/Holmes $6 000
SUBTOTAL FOR SUBCONSULTANTS $117,500
OTHER DIRECT COSTS: ACCT.NO. TYPE FEE
Direct Costs K 000.00
MlleNe Prints Copies,Com sr&Communication Fees
SUBTOTAL FOR OTHER DIRECT COSTS $fi t}Dp
T OTALP�R(�O•JECT COST $101,016
�IN.] 11tlFA-7.�.1.
BBP Brentwood Bike Path
GDS Gabion Drop Structure
f mpored for CNy of Brentwood,Parks Department A Centro Caster County Flood Control Dhhtef
Bike Lane Extension of Apple Hill Esh los d Aablon Drop Structure
Prepared By;Joubin Pokpour,P,E.A Gray tlshlro,P.E.
bnw..h ni^I
^i
SCOPE OF SERVICES
LEER CREEK CHANNEL MODIFICATIONS & TRAIL EXTENSION
CITY OF BRENTWOOD
Revised September 3, 2002
May 23, 2002
June 21, 2001
October 5, 2001
The following Scope of Work outlines that individual work task items and deliverable
work products will be provided for the duration for the project;
Perform activities necessary to plan, direct, and coordinate the work of the project team
and provide progress reporting. The project management and administration tasks will
include all phases of the project.
1.1 Administration
• Supervise, coordinate, and monitor design for conformance with City of Brentwood
and other governing agency standards and policies.
• Prepare a monthly progress report and invoices.
• Prepare a project schedule and monthly updates.
1.2 Project Review Meetings
• Attend monthly project review meetings with applicable City and District personnel
(3 meetings assumed).
• Attend site field review meetings (2 meetings assumed).
1.3 Quality Control Program
• Implement quality control procedures during project studies and preparation of
deliverables.
1.4 Public Meetings
• Assist City with preparation of meeting exhibits (2 meetings assumed).
.1 Perform utility research at Apple Hill Road to obtain record information of existing
utilities.
Page 1 of 4
Scope of Services
Deer Creek Channel Modifications&Trail Extension
City of Brentwood
Revised September 3,2002
May 23, 2002
June 21,2€304
October 5,2004
2.2 Obtain design criteria including, but not limited to, creek flow rates and design
water surface elevations from Contra Costa County Flood Control District.
2.3 Perform control survey and design survey of the project site and obtain cross
sections of Deer Creek channel within project limits upstream of Apple Hill Drive
for a distance of 1000 lineal feet for backwater calculations and obtain cross
sections of Deer Creek channel downstream to the existing drop structure
2.4 Perform geotechnical investigation and develop geotechnical recommendations
for the design of the law flow cut-off wall at the Apple Hill under crossing.
3.1 CEQA and Environmental Permitting of the project will be performed by others.
Berryman & Henigar will insure that any special requirements of the
environmental process are incorporated into final construction documents.
4.1 Prepare preliminary hydrology study and HEC-RAS calculations for proposed
changes to the existing box culvert and channel to provide capacity for the 100-
year design flow (flows to be provided by the District).
4.2 Prepare preliminary letter report with finding and recommendations of culvert and
channel modifications.
4.3 Attend up to three meetings with City staff to review and refine the culvert, trail
and channel modifications.
5.1 Prepare final hydrology study and HEC-RAS calculations for proposed changes
to the existing box culvert and channel for 100-year design flow in report format
per the Districts requirements.
5.2 - 5.4 Prepare 35%, 90%, and Final PS&E submittals. Final design documents
will be submitted in hardcopy and electronic format. Specifications will be
prepared in City of Brentwood format using City boilerplate contract
documents. This work effort will include:
Page 2 of 5
Scope of Services
Door Creek Channel Modifications&Trail Extension
City of Brentwood
Revised September 3,2002
May 23, 2002
June 21, 2004
October 5,2001
• Prepare, design and draft grading, drainage arta paving pians for
proposed trail improvements located at and adjacent to the Apple
Hill ander crossing.
• Prepare, design and draft plans to modify existing culvert crossing
under Apple Hili Drive and potential channel upstream and
downstream to accommodate proposed pedestrian trail use of
existing under crossing.
• Provide City with reproducible copies of plans and specifications for
reproduction and distribution to bidders.
• Berryman & Henigar assumes that no grading modifications and
grading plans will be required for the channel between the Apple
Hill Road culverts to the Gablon Drop Structure, and are not part of
this scope of work. Should the preliminary design find that channel
modifications are required between the Apple Hill Road culverts
and the Gabion Drop Structure, an additional scope of services will
be prepared under a separate cover.
• Perform bid analysis and prepare letter to recommence award of the construction
contract.
• Respond to requests from City representative for information and clarification of
plans and specifications and assist the Client in resolving construction-related
Issues. Questions and reviews of the City's landscape plans will be directed to the
City as appropriate.
• Assist the City's projecticonstruction manager in review on contractor submittals and
shop drawings for general conformance with the requirements of the contract
documents (assumes a maximum of six construction submittals and/or shop
drawings).
• Perform intermittent job site visits to observe the general progress of the work and
determine its general conformity to the intent of the plans and specifications
(.assumes a maximum of four job site visits).
Page 3 of 5
Scope of Services
Deer Creek Channel Modifications&Trail Extension
City of Brentwood
Revised September 3,2002
May 23,2002
June 21,2001
October 5, 2001
• Provide earthwork inspection and testing for conformance to the soils engineer's
specifications.
Provide one set of reproducible regard drawing reflecting the field changes
documented by the City's construction inspector and contractor.
K\CIVAC11OntsNarenfwoomproposals-SOQ'sl20Dt-Apple Hill Bike EanelSaope&Budget September=Scop"hannet ModlflcaUtrns-Sept-02.doc
Page 4 of 5
r COST ESTIMATE FOR
DEER CREEK CHANNEL MODIFICATIONS&TRAIL EXTENSION
CITY OF BRENTWOOD
Revised. September 3,2002
May 9,2002
September 14,2001
A KM-8-014 i P T FO R Pqq21p3i g4nesr Senior SNAnser. n mer ii TOTALS
a7
NRS COST_ NRSC{3ST HRS COST FIRS COST NRS COST NRS COST
ran n.ss: $160 $122 $92 $65 $yrs
1.0 Project Mamsgsarent
1.1 Administration 2 $320 15 $1,830 17 $2150
1.2 jProject RwAw MestrQe I i5 $1,8301 20 $1,B401 35 $3.670
1.3 Quality Control 2 $320 10 $1220 12 $15401
1,4 PuM Meetings 10 $1,220 t0 $920 20 140
Total Task 4.0 ;#,Soo
2.0 Dats 0*4* tm
2.1 Utility Research 4 $488 8 $736 12 1224
2.2 Obtain Design Criteria 8 $976 8 $736 16 31712
2.3 Survey 4 $488 4 $466
2.4 fxeoteamlc;al investigation 4 $488 4 $488
Total Tssk 2.0 36 $3,E112
3.0 L'E03A&&nvtromnon#s1 2 $244 2 $244
4.0 PretimftwW Design
4.1 Hydrology ftdy 10 $i 800 32 $3,904 32 $2,q44- 74 $8 448
4.2 Prepare HydrtriogyRtport 2 $320 8 $976 10 $1296
4.3 M w9 C#y 6 $976 8 $975
T*W"task CO 92 $10,724
$.0 Final Design
5.1 Prepare Final Hydrology Report 4 $640 16 $1952 20 $1,840 40 $4432
5.2 50-6 PS&E 16 $1,952 60 K'520 20 $1,300 96 $8,772
5.3 90%PS&E 16 $t 952 50 $400, 20 $1300 10 $550 96 $8,402
5.4 Final Plans 5 $800 16 $1 952 40 $3,680 20 $1 300 10 $550 91 $8 282
TotaE Task 5.0 323 $29 888
6.4 Adirertlse f Aura!Periard 16 $1,952 8 $736 F 24 $ 888
7.0 jC.r,%Vucftn 8,,pp-d ie $1,9521 16 $1,472 8 $5201 r 40 $3,844
TOTAL LABOR 26 $4,000 216 $26,352 1 272 $25,024 68 $4,420 20 $1,100 609 $60,8"
SUBCONSULTANTS: ACCT.NO, TYPE NAME FEE
Oeoteohnioai Tenassaroh Inc. $4823
Surve Tried!Holmes $6877
SUBTOTAL FOR SUBCONSULTANTS $115001
OTHER DIRECT COSTS: ACCT,NO, TYPE PEE
Direct Ctseta $5 000,00
Milesoe,Prints copies,pqLnpu#ejr&Communfcation Fees
IS FOR OTHER DIRECT COSTS $5,000
TOTAI PROJECT COST $771390
Prepamd for City of Brentwood,Parks t>epadmont
Bike Lane Wonsfasn of Apple HN Estates
Prepared By.loubin Pakpour,P,E.3 Garry Ushtro,P.E.
SCOPE OF SERVICES
GABIt3N DROP STRUCTURE
CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
Revised.- September 3, 2002
May 23, 2002
October 5, 2001
The following Scope of Work outlines the additional services required to add Contra
Costa County Flood Control District's Gabion Crop Structure design to the improvement
plans for the Brentwood Bike Path Project. The scope of work outlines individual work
task 'items and deliverable work products that will be provided for the duration of the
project:
Perforin activities necessary to plan, direct, and coordinate the work of the project team
and provide progress reporting. The project management and administration tasks will
include all phases of the project:
1.1 Administration
• Coordinate design for conformance with City of Brentwood, Contra Costa County
Flood Control District (CCCFCD) and other governing agency standards and
policies.
• A single monthly progress report and invoices will be prepared for the Bike Path
Project and will include the work for the Gablon Drop Structure.
• A single project schedule and monthly updates will be prepared for both projects.
1.2 Project Review Meetings
• Attend a project meeting regarding the Gabion Drop Structure with applicable City
and CCCFCD personnel (1 meeting assumed).
• Attend site field review meeting (1 meeting assumed).
1.3 Quality Control Program
• Implement quality control procedures during project studies and preparation of
deliverables.
1.4 Public Meetings
Page 1 of 5
r Scope of Services
Gablon Drop Structure
Contra Costa County Flood Control District
Revised September 3, 2002
May 23,2002
October 5, 2001
+� We have assumed that no public meetings are required for the Gabion Drop
Structure, therefore, no time has been included for attending public meetings.
2.1 Perform utility research at Apple Hill Subdivision (7462)and Tuscany Subdivision
(7474) to obtain record information of existing utilities near the existing drop
structure and detention basin.
2.2 Obtain design criteria including, but not limited to, creek flow rates and design
water surface elevations from Contra Costa County Flood Control District.
2.3 Perforin control survey and design survey of the project site and obtain cross
sections of the existing drop structure. The limits of survey will include the
upstream end of the existing drop structure to 300 lineal feet from the
downstream end of the existing drop structure.
2.4 We have assumed that no geotechnical investigations are required for the
Gabion Drop Structure and that the CCCFCD's Gabion Drop Structure design
Is structurally complete.
3.1 CEQA and Environmental Permitting of the Gabion Drop Structure will be
performed by others. Berryman & Henlgar will insure that any special
requirements of the environmental process are incorporated into final
construction documents.
4.1 Per CCCFCD, the preliminary hydrology study will not include the gabion drop
structure, since CCCFCD is satisfied with the expected performance of the
proposed drop structure. Modifications to the channel may be required between
the Apple Hill Road culvert and the gabion drop structure, and will be identified in
the preliminary design of the City's portion of this project. Therefore, no time
has been included the in the preliminary design task for the gabion drop
structure.
Page 2 of 5
Scope of Services
Gabion Drop Structure
Contra Costa County Flood Control district
Revised September 3,2002
May 23,2002
October 5, 2001
5.1 Per CCCFCD, a final hydrology study for the proposed gablon drop structure is
not required. No time has been included for the final hydrology study for the
gablon drop structure.
5.2 -5.4 Prepare 50%, 90%, and Final P5&E submittals for the Gabion Drop
Structure and include the PS&E documents with the Bike Path Project
PS&E documents. Final design documents will be submitted in hardcopy
and electronic format. Specifications will be prepared in City of
Brentwood format using City boilerplate contract documents. This work
effort will include:
• Obtaining the CCCFCD's microstation details of the Gabion Drop
Structure and adding the details to the Bike Path Project plans.
The CCCFCD's signature block will be included on the gabion
detail sheet.
• Grading and drainage design of the proposed Gabion Drop
Structure to conform to the existing banks. We have assumed that
the elevations provided by CCCFCD will provide adequate channel
slope between the culverts at Apple Hill Road to the proposed
gablon structure.
Em
• Perform bid analysis and prepare letter to recommend award of the construction
contract.
• We have assumed that the Gabion Drop Structure and Brentwood Bike Path will be
constructed as one project. Construction support services for the Gabion Drop
Structure will be combined with the construction support services described in the
Beer Creek Channel Modifications & Trail Extension proposal, dated June 21, 2001.
Additional time has been included to support the Gabion Drop Structure portion of
the project.
• Despond to requests from City and CCCFCD representatives for information and
clarifi'cati'on of plans and specifications and assist the Client in resolving
Page 3 of 5
t `
Scope of Services
Gablon Drop Structure
Contra Costa County Flood Control district
Revised September 3,2002
May 23, 2002
October 5, 2401
construction-related issues. Questions and reviews of the City's landscape plans
will be directed to the City as appropriate.
• Assist the City's protecticonstruction manager in review on contractor submittals and
shop drawings for general conformance with the requirements of the contract
documents (assumes one construction submittal and/or shop drawing).
• Perform intermittent job site visits to observe the general progress of the work and
determine its general conformity to the intent of the plans and specifications
(assumes one job site visit).
• Provide one set of reproducible record drawing reflecting the field changes
documented by the City's construction inspector and contractor.
K:iCivthClientslStantwoodkProposxts-SOQ`*12441-Appt6 HI#81ku UnalSoope 6 Budget September'42tSaape.Drop Structur*-Sapt-02.doc
Page 4 of 5
r _ -
4
a +
COST ESTIMATE FOR
GASION DROP STRUCTURE
CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
Revised: September 3,2002
May 8,2002
September 14,2001
TASK I Principal EnoIneer Senior En Enter n near Ik C rator dm YOT
HRS COST HRS C05T HRS COST HRS COuf HRS COST HRS COS3
Ho
Rats: $1B0 $122 $92 $86 $bb
1.0 Pro}tctManagamartt
1.1 Administrattcn 2 $320 12 $1484 14 $1764
1.2 "at Ros"w Meetings 8 $732 a $738 14 $1,404
1.3 qua*Control 2 $320 4 $488 8 f60t!
1A, Pubic Meet}ngs
Total Task t,0 34 060
2.0 Data G4tieotion
2.1 Milly Research 4 $488 8 $736 12 $1 d
2.2 Obtain Design Criteria 4 $488 4 $qgg
2.3 Survey 2 $244
2 $344
2.4 GeottohrdcalInvestigation
TatalTask 2.0 1s $1,968
0 IMA&Envtronmtntst 2 $244 g 5244
4.0 Preliminary Design
4.1 Hydrology Study
42 Pmw*Hydrology Report
4.3 M"Ungs Yd City
TOW Task 4.0
8.0 final Design
5.1 Prepare Final Hydrology Report
5.2 80%Ped E is $1,952 20 $1 840 36 $3 7a2
5`3 909i E 8 $676 10 _ $820 4 $220 22 $2118
5.4 Final Finns 2 $320 4 $488 4 $388 4 $220 14 _$1,396
TOtab Task 6.0 72 $7,304
O jAdvorflaw I Award Period 8 $876 4 $388 12 $1,3411
7.0 0'ona2roo0on Support 4 8 sale 8 sm15 -777M
TOTAL LABOR 8 #960 78 $9,518 82 $6,704 8 $440 f54 $f6,620
SUSCONSULTANTS: ACCT.NO. TYPE NAME FEE
sways Triad/Holmes $6,000
SUBTOTAL FOR SUBCONSULTANTS $6,000,
OTHER DIRECT COSTS: ACCT.NO. TYPE FEE
Direct Coats $1,000.00
Mileage,Printf Co its Computer 8 Communication Fees
SUBTOTAL FOR OTHER DIRECT COSTS $14000
TOTAL PROJEFT COST $23,620
Prepared for Contra Cast*County flood Control Divirlel
Additional Sarylcas to add Gablan Drop Siruclure to the Bike Path Project at Apple Hill Estates
Prepared Syr loubin Pokpovr,P.E.d Gary Ush",PIA
t,
r ; t
1
RIGHT TO 1ENTER.ANIS USE FEC}OD CONTROL PROPERTY
'4�'
BETEEN THE CONTRA COSTA COUNTY FLOODWATER
CONTROL & T 1 ATER
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
1, PARTIES: Effective , the Conga Costa County Flood Control&
Water Conservation District,apolitical subdivision of the state of California,hereinafter referred to
as "District," and the City of Bentwood,a California municipal corporation,hereinafter referred to
as the"City" or as the"Permittee," agree as follows,
2, PERMISSION GRANTED:District hereby grants to City,permission to enter upon and use
those lands more commonly known as District Facilities(District Facilities)within or upon which
City improvements have been constructed,generally described in the list attached hereto as Exhibit
"A," and made a part hereof,which property shall hereinafter be referred to as the "Premises,"
Permission is granted pursuant to the terms and conditions of this RIGHT TO ENTER AND USE
FLOOD CONTROL PROPERTY BETWEEN THE CON'T'RA COSTA COUNTY FLOOD
CONTROL & WATER. CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD,
hereinafter sometimes referred to as"Agreement,"
3. PURPOSE*District acquired fee title to the land comprising the Premises for use as a flood
control detention basins and drainage water conveyance.facilities,hereinafter sometimes referred to
as"District Facilities,"and.has constructed the District Facilities to capture and hold water during
periods of heavy rain for gradual release or creep improvements for the conveyance of drainage
water. Any and all rights granted or implied by this Agreement is subordinate to the use of the
Premises as flood control detention basins and creek improvements for drainage water conveyance,
as well as to all other uses of the Premises by District. The purpose of this agreement is to allow
City's use of the Premises,subject and subordinate to the District's use ofthe Premises as detention
basins and creep improvements for drainage water conveyance,and for any related or flood control
use.
District's use may cause a temporary,extended or permanent interruption in the City's permission to
enter upon and use the Premises.District's use may be for the purposes of channeling,impounding
and otherwise controlling the flow of drainage waters,as well as performing any other activities,and
constructing or maintaining any facilities that the District may be required to perform,construct or
maintain by other agencies at a Federal,State,Regional or Local level,including but not limited to,
water quality and quantity control activities (such activities and those ancillary thereto being
hereinafter referred to as "flood control").
4. TERM:The term of this Agreement is one(1)year,commencing on the above effective date.
This Agreement may be terminated as provided in Section 20,Termination.
5. CITY'S USE OF PREMISES: The Premises shall be used by City for recreational purposes
such as sports fields, parks, trails, landscaping, pedestrian bridges and vehicular bridges. City's
exact use of the Premises is subject to the written approval of the District's Chief Engineer which
shallbe in the form of ari "Encroachment Permit for Use of District Right of Way." City shall
provide, at City's sole expense, its own equipment, and other personal property necessary or
convenient to its use of the Premises.
+ R.IGHT TO ENTER AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL&WATER.
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
6. PAYMENT OF DISTRICT's COSTS:The following paragraph will take effect and shall
be prorated from date of enactment of the Contra Costa County Flood Control and Water
Conservation District Common Use Facility Policy by the Contra Costa County Board of
Supervisors.
In each case where DISTRICT must prepare, amend and review documents for change
and management of any and all issues this Agreement including default and/or
enforcement of the terms of the Agreement and/or the City's use, City shall pay to
DISTRICT in each such case an amount equal to one hundred percent (100%) of
District's actual out-of-pocket costs of required on the part of DISTRICT in connection
therewith. The costs will be based on the current Contra.Costa County Public 'Works
Department Charge-taut Schedule at the time of the request.
7. LAWFUL CONDUCT:City agrees that its use of the Premises is subject to,and that it will
obey and observe,and that it will use due diligence to require all persons entering upon the Premises
to obey and observe,all terms of this Agreement and all applicable laws,ordinances,orders,rules,
permits, regulations and requirements relating to the Premises whether federal, state, or local in
origin. City shall be responsible for paying all Tines,penalties,or charges which may be levied for
violation of laws,ordinances,orders,rules,permits,regulations,and requirements arising out of the
operations of City or its employees or agents. City shall not commit,suffer,or permit any nuisance
in or about said Premises.
8. MAINTENANCE, ALTERATIONS, AND SURRENDER OF PREMISES: City is
responsible for all repairs and maintenance associated with City's use of the Premises. City shall not
make any alterations to the Premises without the prior written consent of District's Chief Engineer,
which permission may be revoked at any time if necessary for or in fin-therance of detention basin,
creeks, water conveyance and/or flood control purposes. Upon such revocation, City shall
immediately remove such alteration. Upon the expiration or termination of this Agreement, any
alterations made shall remain on and be surrendered with the Premises,except that District can elect
to require City to remove any alterations that City has made. If District so elects, City, at its sole.
cost,shall restore the Premises to the condition existing just prior to City's use ofthe Premises under
this or any other agreement.
9. NO DISTRICT DUTY REGARDING PROPERTY: District shall have no duty to guard
or secure, and no liability for any loss of or damage to, goods,property,facilities and equipment of
City or of third persons, located upon Premises irrespective of the cause of such loss or damage,
including,but not limited to,flooding. Subj ect to the terms of this Agreement,City may provide,at
its own expense,such security as it may deem necessary for the security and protection of its goods,
property,facilities and equipment,provided such security measures do not interfere with the District
Facilities use of the Premises.City shall designate in writing to District a representative who shall be
responsible for the day-to-day operation and level of maintenance, cleanliness and general order.
2
RIGHT TO ENTER AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL&`NATER
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
10. HOLD HARMLESS AND INDEMNIFICATION: City shall defend,indernnify,save,and
hold harmless District and its boards,agents,officers,and employees from any and all claims,casts,
and liability for any damages,sickness, death or injury to person(s) or property,including,without
limitation,all consequential damages,from any cause whatsoever arising directly or indirectly from
or connected with the operations of or use of the Premises by City or its officers,agents,employees,
contractors,subcontractors,public or invitees hereunder,save and except clai
y
RIGHT TO ENTERO AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER,
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
14. WASTE,POLLUTION AND HAZARDOUS SUBSTANCES: City shall not commit,or
suffer to be committed,any waste upon the Premises,or any nuisance or other act that may pollute or
contaminate the Premises or the watershed of which the Premises is a part.
City is prohibited from applying, storing or disposing, or otherwise permitting the
application,storage or disposal of,any pesticide or hazardous substance upon the Premises without
having first obtained written permission from the District, which may be denied in District's sole
discretion.As used herein,"hazardous substance"means any substance,material or waste which is
or may become designated,classified or regulated as being"toxic,""hazardous"or"pollutant"under
any federal, state or local law, regulation or ordinance.
City is further prohibited from using any pesticide or hazardous substance anywhere on the
Premises in an unsafe or careless manner or in any manner that is contrary to the manufacturer's
instructions as they appear on the label or are further modified by the District. City must satisfy any
and all pesticide application permit requirements as may be required by Federal, State or local
regulations or agencies.
Should any discharge,leakage,spillage,emission or pollution of any type occur upon or.from
the Premises due to City's use or occupancy of the Premises,or City's use,release,or disposal of any
pesticide or hazardous substance,City,at City's expense,shall test,remedied,repair,remove,clean
and detoxify all property affected thereby, to the satisfaction of District (insofar as the property
owned or controlled by District is concerned)and any governmental body having jurisdiction there
over.
City, to the maximum extent permitted by law,shall indemnify,hold harmless, and defend
District and each of its employees,agents,attorneys,officers,divisions,related agencies and entities,
affiliates, successors and assigns, from and against all liability; claim, demand, cause of action,
damage, cost or expense (including, without limitation, any fines, penalties,judgments, litigation
costs, attorneys' fees, consulting, engineering, and construction costs, all costs of any required or
necessary testing,remediation,repair,removal,cleanup and detoxification of the Premises,and all
costs for preparation of any cleanup, remediation , closure or other required plans) incurred by
DISTRICT as a result of City's breach of this section, or as a result of any such discharge,leafage,
spillage,emission or pollution,regardless of whether such liability,cost or expense arises during or
after the lease term.
15. WATER QUALITY CONTROL BOARD REQUIREMENTS: City shall conform fully
to the requirements of the California Regional Water Quality Control Board Central Valley Region
(Order No. 5-00-120)NPDES Permit No. CA0083313 regarding waste discharge requirements for
Contra Costa County Flood Control and Water Conservation District,Contra Costa County,the City
of Brentwood and two other cities that formed the Contra Costa Clean Water Program adopted by the
California Regional Water Quality Control Board, Central Valley Region, on June 16, 2000. This
permit regulates storm water and non-storm water discharges associated with activities within
DISTRICT rights of way. City shall develop, implement and maintain a Facility
4
RIGHT TO ENTER.AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL&WATER
R
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
Pollution Prevention Plan(FPPP),describing the pollution prevention practices associated
with activities on facilities located on the Premises. The FPPP will accomplish compliance by
implementing Best Management Practices (BMPs) described in the Contra Costa Clean Water
Program countywide 1999 Storm Water Management Plan(SWMP).
16. 'WAIVERS: No District waiver(including any written authorization by District's Engineer)
at any time of any of the terms, conditions, covenants, or provisions of this Agreement, shall be
deemed or taken as a waiver at any time thereafter of the same or any other term,condition,covenant
or provision,nor of the strict and prompt performance thereof.
17. NON-DISCRIMINATION:MINATION: City shall not discriminate,or allow any discrimination against
or segregation of any person or group of persons on account of race, age,color,sex,creed,religion,
national origin, or ancestry, or any basis protected under the law,in the use, occupancy,tenure, or
enjoyment of the Premises.
18. PRIOR AGREEMENTS:This Agreement replaces any and all other agreements between
the parties concerning the Premises.
19. LIMITATIONS OF USE. District shall have the right, in District's sole discretion, to
suspend, limit, or modify City's use of the Premises,including requiring City to remove any of its
Facilities,improvements,equipment or other property,or to restore the condition ofthe Premises,as
necessary or in furtherance of detention basin, water conveyance, creeks and/or flood control
purposes, or for the safety of the public. Should such suspension, limitation or modification of
City's use of the Premises be necessary, District shall provide City thirty(30) days' prior written
notice,except that if the District's,in its sole discretion,determines that an emergency exists,may
require City to immediately remove its facilities,improvements, equipment or other property, or
District may immediately do so in which case City shall reimburse District's costs of such removal.
Nothing in this agreement requires District to provide prior notice to City as a condition ofDistrict's
entry, alteration and use of the Premises for detention basin, creeks, water conveyance and other
flood control purposes. City understands that District's use of the Premises for detention basin,
creeks, water conveyance and other flood control purposes is paramount, and City's use of the
Premises for recreational,vehicular and pedestrian purposes may continue only if it such use does
not interfere with or increase the costs of,District's operations associated with the Premises. District
and City have determined, and City hereby acknowledges, that the use proposed by City for the
Premises might not always be compatible with District's flood control operations even if City keeps
and observes the covenants City has agreed to keep and observe. Silt will be removed only when it
impacts the flood storage capacity.Typically,the storage capacity will not be impacted until twelve
(12)inches of silt is deposited in a basin and will be removed at the sole discretion and decision of
the District. The City may, at their own expense, remove silt as necessary with District approval
which shall be in the form of a"Encroachment Permit for Use of District Right of Way"
As a courtesy, District will endeavor to provide to City, advance notice of any District
maintenance or other activities that District is aware could disrupt any recreational,vehicular and
pedestrian use of the Premises.
5
RIGHT TO ENTER AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER.
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
20. TER?vHNATION: This Agreement may be terminated as follows:
A, Anytime upon mutual written agreement of the parties.
B. By City upon providing District fifteen(15)days written notice.
C. By District upon City's default under this Agreement. City shall be in default of this
Agreement if any of the following occurs:
1) City fails to comply with any provision of this Agreement,including failing to
comply any written notice or instruction from the District,fallowing the provision of
thirty(30)days' written notice from District pursuant to this section.
2) If, following multiple breaches of this Agreement, City commits a material
breach of this Agreement after notice from the District. Such notice shall
specify what conduct will constitute a material breach of this Agreement.
For purposes of this Subsection C, District, in its sole discretion, shall determine
whether City has committed a breach or cured a breach, and/or whether City is in
default of this agreement.
21. NOTICES: All notices given under this Agreement shall be served by enclosing the same in
a sealed envelop addressed to the other party,certified mail postage prepaid,addressed as follows:
22. To District: Contra Costa County Public Works Department
Real Property Division
Principle Real Property Agent
2.55 Glacier Drive
Martinez, CA 94553
To Permittee: City of Bentwood
708 Third Street
Brentwood, CA 94513
or to such other address as either party may designate by written notice to the other. Notice is
effective two business clays from the date of mailing.
23. NO THIRD PARTY BENEFICIARIES:Nothing in this Agreement is intended to confer
on any person or party, other than District and City, any rights or remedies under this Agreement.
24. NO MODIFICATION: This Agreement shall not be modified or amended except in writing
agreed upon by both parties.
6
RIGHT TO ENTER AND USE FLOOD CONTROL PROPERTY BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL&WATER.
CONSERVATION DISTRICT AND THE CITY OF BRENTWOOD
DISTRICT: PERMITTEE:
CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD
CONTROL&WATER CONSERVATION
DISTRICT
By: B
Maurice Shiu, Chief Engineer
Date: By: LA
(Date signed)
Recommended for Approval: Date: t, -
(Date signed)
By:
Real Property Agent
Approved as to form:
Silvano B.Marchesi, County Counsel
By:
Deputy County Counsel
DB eh
0,V3mDataihealPmp12003-Pilea\03-21Srentwood Right of Entry agreement 03-20-03.doe
3127/03
7
r ,
EXE•IIT"A"
DeteL.t on Basins (District fee title w/ City park and/or playing fields)
• Dry Creek Basin(Creekside Park)—Park facility(tot lot, trails,picnic tables)
t + Deer Creek Basin—Sports field,trail
Creeks (District fee title w/ City trails and landscaping)
• Sand Creek—Fairview Avenue to Minnesota Avenue
• Deer Creek—Fairview Avenue to Bristow Middle School
• Dry Creek—Fairview Avenue to Dry Creek Basin(Creekside Park)
Creeks (District fee title w/ City pedestrian bridges)
• Sand Creek @ Surnmerwood Park
• Marsh Creek @ Homecoming Park
• Marsh Creek west of Hwy 4
• Marsh Creek @ Valley Green Drive
• Marsh Creek @ Creekside Park
Creeks (District fee title w/ City vehicular bridges)
({These facilities require permanent easement rights. We are confirming the right of way
statusfor each. If easement documents have not been processed for a particular facility,
thea it shall be covered by the Temporary bight of Entry until such time that the easement
documents are processed. An updated list is forthcoming:))
• Sand Greek--Fairview Avenue
+ Sand Creek—Minnesota Avenue
+ Deer Creek—Fairview Avenue
+ Deer Creek--Minnesota.Avenue
• Veer Creek—San Jose Avenue
• Dry Creek—Arlington Way
+' Dry Creek--Claremont Drive
• Marsh Creek @ Balfour Way
• Marsh Creek @ Dainty Avenue
+ Marsh Creek @ Central Boulevard
• Marsh Creek @ Sand Greek Road
• Marsh Creek @ Sunset Road
9:1gmdata12]dctllcurdevicitiesTrentwood\Brentwood TROE ExhibitA,doc
3/27103
OW* Affiliated Risk Mammon A
120 18th Strsot'Sub 288,$8081080to,:* COPY
1818148141436 �. lax 1818g1r�Q"�. �.� .�..
t =f
LIABILITY CERTIFICATE 0bC VJaMQE2)003
ADDITIONAL COVERED PARTY
CERTIFICATE NUMBER. 12002 - gBilYisf isit�r.;±r
CERTIFICATE HOLDER: CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT
ATTN: PRINCIPLE REAL PROPERTY AGENT
PUBLIC WORKS DEPARTMENT,255 GLACIER DRIVE
MARTINEZ,CA 94553
COVERED PARTY: CITY OF$RENT104000,
DESCRIPTION OF COVERED ACTIVITY:
IT IS HEREBY AGREED THAT CONTRA COSTA COUNTY FLOOD CONTROL&WATER
CONSERVATION DISTRICT,ITS DIRECTORS,OFFICERS,AGENTS AND EMPLOYEES
ARE NAMED ADDITIONAL COVERED PARTIES AS.RESPECTS THE CITY OF
BRENTWOOD'S AGREEMENT WITH THE DISTRICT WHICH GRANTS THE.CITY THE
RIGHT TO ENTER AND USE FLOOD CONTROL PROPERTY,DESCRIBED IN EXHIBIT A
OF THE AGREEMENT, FOR RECREATIONAL PURPOSES SUCH AS SPORTS FIELDS,
PARKS,TRAILS,LANDSCAPING,PEDESTRIAN AND VEHICULAR BRIDGES,BUT ONLY
INSOFAR AS THE OPERATIONS DESCRIBED IN THE AGREEMENT ARE CONCERNED.
MEMO POLICY NUMBER: CARMA 2002-1 OCL EFFECTIVE DATE: 5/8/2003
LIMITS: $4,000,000 EXPIRATION DATE: 6/30/2003
(per occurrence)
EXCESS OF:$1,000,000
THE FOLLOWING COVERAGE IS IN EFFECT:
Bodily injury and property damage coverage provided herein is as broad as general liability ISO form CG001, edition
11-88 and CA 0012,edition 8-92.
This Is to certify that the coverage listed above has been issued to the Covered Party named above for the policy period
Indicated, notwithstanding any requirement,term,or cdnditEon of any contract or other document with respect to which this
certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms,exclusions,
and conditions of the memorandum of coverage of the California Affiliated Risk Management Authorities,which is available
for your review upon request.
Pursuant to section(c)of the definition of"Covered Party"in the memorandum of coverage,the certificate holder named
above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the
limits stated above.
Coverage is in effect as stated above and will not be canceled,limited, or allowed to expire except upon 30 days written
notice to the certificate holder.
Date: 5 N
Renewal: No Risk Manager.
s a
102 IM Met We 200,Swoeft CA 85M
tole]= -fax IN) Muo COPY
LIABILITY CERTIFICATE OF COVERAGE
ADDITIONAL COVERED PARTY
CERTIFICATE NUMBER, 2003 - 3
CERTIFICATE HOLDER: CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT
ATTN: PRINCIPLE REAL PROPERTY AGENT
PUBLIC WORKS DEPARTMENT,255 GLACIER DRIVE
MARTINEZ,CA 94553
COVERED PARTY: CITY OF BRENTWOtOD
DESCRIPTION OF COVERED ACTIVITY:
IT IS HEREBY AGREED THAT CONTRA COSTA COUNTY FLOOD CONTROL&WATER
CONSERVATION DISTRICT,ITS DIRECTORS,OFFICERS,AGENTS AND EMPLOYEES
ARE NAMED ADDITIONAL COVERED PARTIES AS RESPECTS THE CITY OF
BRENTWOOD'S AGREEMENT WITH THE DISTRICT WHICH GRANTS THE CITY THE
RIGHT TO ENTER AND USE FLOOD CONTROL PROPERTY,DESCRIBED IN EXHIBIT A
OF THE AGREEMENT, FOR RECREATIONAL PURPOSES SUCH AS SPORTS FIELDS,
PARKS,TRAILS, LANDSCAPING,PEDESTRIAN AND VEHICULAR BRIDGES, BUT ONLY
INSOFAR AS THE OPERATIONS DESCRIBED IN THE AGREEMENT ARE CONCERNED.
MEMO POLICY NUMBER: CARMA 2003-1OGL EFFECTIVE DATE: 7/9/2003
LIMITS: $4,000,000 EXPIRATION DATE: 6/30/2004
(per occurrence)
EXCESS OF: $1,000,400
THE FOLLOWING COVERAGE IS IN EFFECT:
Bodily injury and property damage coverage provided herein is as broad as general liability ISO form CG001,edition
91-88 and CA 0012, edition 6-92.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the policy period
Indicated,notwithstanding any requirement,term,or condition of any contract or other document with respect to which this
Certificate may be issued or may pertain. The coverage afforded as described herein Is subject to all the terms,exclusions,
and conditions of the memorandum of coverage of the California Affiliated Risk Management Authorities,which is available
for your review upon request.
Pursuant to section(c)of the definition of"Covered Party"in the memorandum of coverage,the certificate holder named
above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the
limits stated above.
Coverage is in effect as stated above and will not be canceled,limited,or allowed to expire except upon 30 days written
notice to the certificate holder.
Date: 516/2003
Risk Manager:
Renewal: No