Agenda packet — Brentwood City Council, April 26, 2022 (part 2 of 3)

2. If, under test, any portion of the work should fail to fulfill the contract requirements and is adjusted, altered, renewed or replaced; tests on that portion when so adjusted, altered, removed or replaced, together with all other portions of the work as are affected thereby, shall, if so required by the Engineer, be repeated within reasonable time and in accordance with the specified conditions.
a. The Contractor shall pay to the City all reasonable expenses incurred by the City as a result of repeating such tests.

3. At the conclusion of the Performance Test, the Contractor shall recheck all equipment for proper alignment, and if necessary, realign the equipment to manufacturer’s standards or Contract requirements.
a. All equipment shall be checked for loose connections, unusual movement or other indications of improper operating characteristics.
b. Any deficiencies shall be corrected to the satisfaction of the Engineer. c. All equipment or devices which exhibit unusual or unacceptable operating characteristics shall be disassembled and inspected.

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d. Unacceptable equipment shall then be repaired or removed from the site and replaced at no cost to the City.

1.10 DEMONSTRATION PERIOD:

A. General:

1. City personnel will operate the facility with the assistance and coordination from the Contractor.

2. Demonstration Period shall commence when, in the opinion of the Engineer, the following conditions have been met:
a. All equipment Functional Checkouts are complete.
b. Performance Testing is complete,
c. All Operations and Maintenance Manuals have been submitted, approved and copies have been transmitted to the City’s operations staff.
d. All Operations & Maintenance training is complete.
e. All Manufacturer Certifications have been submitted.

3. Contractor shall schedule and notify the City 14 days prior to the start date of the Demonstration Period.

4. The Demonstration Perion shall be ten (10) continuous days, minimum.

5. Contractor shall schedule process cut-overs or tie-ins with the Engineer and City’s operations staff.

6. Contractor shall make available its personnel, subcontractors, suppliers, and manufacturers’ representatives for the entire Demonstration Period.
a. Contractor personnel shall be onsite during normal working hours for the entire period to make necessary corrections and adjustments.
b. Contractor’s electricians or electrical subcontractor shall be onsite during normal working hours for the entire period to make necessary corrections and adjustments. c. SCADA and controls integrator shall be available to be onsite within 48 hours during the entire period to make corrections, modifications, and updates to the control system. d. All other subcontractors, suppliers and manufacturer’s representatives shall be available to be onsite within 48 hours during the entire period to make necessary corrections and adjustments.

7. Contractor shall provide emergency contact numbers to be available 24 hours/day during the Demonstration Period.

B. City shall furnish:

1. Chemicals required for startup.

2. Operations staff to operate the facility with support of Contractor.

C. At the end of the Demonstration Period, the City may issue a Substantial Completion Certificate, if in the opinion of the Engineer, the following conditions have been met:

1. Corrections or adjustment to the facility as required by the Engineer to assure a reliable and completely operational facility have been made.

2. Test reports have been submitted, reviewed, and accepted as adequate.

3. All other Contract requirements for Substantial Completion have been fulfilled by the Contractor to the satisfaction of the Engineer.

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PART 2 - PRODUCTS

2.01 MATERIALS
A. Gages, Meters, Recorders and Monitors:

1. Gages, meters, recorders and monitors shall be provided by the Contractor as required to supplement or augment the instrumentation system provided under this contract to properly demonstrate that all equipment fully satisfies the requirements of the contract documents.

2. All devices employed for the purpose of measuring the performance of the facility's equipment and systems shall be specifically selected to provide a level of certainty consistent with the variables to be monitored.

3. All instruments shall be recently calibrated, and the Contractor shall be prepared at all times to demonstrate, through recalibration, the certainty of all instruments employed for testing purposes.

4. Calibration procedures shall in accordance with applicable standards of ASTM, ISA and IEEE.

5. The adequacy of all gages, meters, recorders and monitors shall be subject to review of the Engineer.

PART 3 - EXECUTION

3.01 PREPARATION
A. Inspect and clean the equipment, connected piping and structures and remove debris and foreign material.

1. Flush piping.

2. Sweep or vacuum clean all channels and structures to remove fine material.

B. Turn rotating equipment by hand to check for binding or other improper operation.

C. Perform cold and hot alignment to the manufacturer’s recommended tolerances.

D. Remove rust preventatives, oils or temporary protective coatings used to protect the equipment during construction.

E. Open and close adjacent valves by hand to check for proper seating and range of motion.

F. Electrical systems:

1. Complete insulation resistance tests on wiring.

2. Perform grounding tests as required.

3. Complete generator and ATS tests.

4. Verify correct rotation of generators and equipment.

5. Complete other requirements per electrical specifications.

G. Instrumentation systems:

1. Complete instrument calibration.

2. Complete instrument loop tests.

3. Verify all control signals, operation, ranges and settings.

4. Complete other requirements per Division 26.

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3.02 INSTALLATION
A. All materials and equipment shall be installed by specialists properly skilled in the trades and professions required to assure first-class workmanship.

B. Where required by detailed specifications, the Contractor shall cause the installation of specific equipment items to be accomplished under the supervision of factory-trained installation specialists furnished by the equipment manufacturers.

C. The Contractor shall be prepared to document the skills and training of all workers engaged in the installation of all equipment furnished either by the Contractor or the City.

3.03 TESTING
A. Testing shall proceed on a step-by-step basis in accordance with the Contractor's written testing procedures.

B. The Contractor's testing work shall be accomplished by a skilled team of specialists under the direction of a coordinator whose sole responsibility shall be the orderly, systematic testing of all equipment, systems, structures and the complete facility as a unit.

C. Each individual step in the procedures shall be witnessed by the Engineer. **END OF SECTION**
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SECTION 001700

PROJECT CLOSEOUT

1.01 FINAL CLEANUP
A. Just prior to Final Inspection, clean the entire construction area including buildings, other structures, landscaping, and site work included in this Contract as well as all other areas affected by the performance of work under this Contract. Perform cleanup work using personnel specializing in and skilled in building cleaning and maintenance work. Perform cleaning to standards considered normal for commercial janitorial work. Accomplish repair work using personnel specializing in performing and repairing the type of work being repaired. Perform repair work to the highest trade standards applicable to that type of work. Include:

1. Remove all temporary construction, signs, tools, equipment, excess materials and debris.

2. Sweep clean and then wash down all exterior pavement surfaces. Avoid washing sediment or hazardous material into drainage systems. Remove all grease and oil stains on pavement caused by Contractor's equipment.

3. Remove debris from landscaped areas and replace damaged plant and landscape materials.

4. Remove all lumps, splatters, spots and stains caused by paint, adhesive, asphalt, concrete, mortar, plaster, sealant or other foreign material from all exposed or finished surfaces.

Remove all temporary labels.

5. Patch any holes, chips or defects in construction including finished surfaces.

6. Touch up painted surfaces that are soiled, chipped, spotted or otherwise flawed.

8. Wash all floors with cleaner recommended by floor sealant manufacturer.

9. Remove all dust with treated dust cloth and vacuum.

10. Polish all hardware and non-ferrous metal.

11. Clean all lighting fixtures.

1.02 CONTRACTOR'S ACTION LIST OF ITEMS TO BE CORRECTED AND/OR COMPLETED A. During construction, the Contractor shall maintain an action list of items to be corrected and/or completed. The Contractor shall regularly add items and update the list as information becomes available or as requested by the Engineer. The Contractor shall deliver a current copy of the list to the Engineer at each progress meeting.

1.03 SEMIFINAL INSPECTION/SUBSTANTIAL COMPLETION
A. When the Contractor considers the Work nearly complete, the Contractor shall review the Contract Documents, inspect the Work, and use the Contractor's action list to prepare a Contractor's Punch List of all deficient or uncompleted items. The Contractor shall complete or correct items on the Punch List. When the Work is Substantially Complete the Contractor shall notify the Engineer in writing that the Contractor has reviewed the Contract Documents, inspected the Work and believes that the Work is Substantially Complete and ready for Semifinal Inspection.

B. On receipt of the Contractor's Punch List and notice that the work is ready for Semifinal Inspection, the Engineer will inspect the Work. The Engineer may add additional items to the Contractor's Punch List, may find that the work is not ready for inspection, is ready for inspection but not Substantially Complete or that the Work is Substantially Complete. When the Engineer finds the Work is Substantially Complete, it will prepare a Final Punch List and a notice of C.11.b
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Substantial Complete, which will state the date of Substantial Completion and the time agreed to by the City and the Contractor (not to exceed 30 days) in which the Work shall be fully complete and ready for Final Inspection.

1.04 FINAL INSPECTION, FINAL COMPLETION AND FINAL PAYMENT A. When the Contractor has completed or corrected all the items on the Engineer's Final Punch List, the Contractor shall give the Engineer written notice that the Work is ready for Final Inspection.

When the Engineer finds the Work acceptable and fully complete in accordance with the Contract Documents, and upon receipt of a final Application for Payment and all final submittals, the Engineer will recommend that the City issue a Notice of Final Completion, make Final Payment and Accept the Work stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's observations and inspection, the Work has been fully completed in accordance with the terms and conditions of the Contract Documents.

B. Final Submittals include:

1. Record Drawings per Section 01700, Part 1.05;

2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by the Engineer.

3. Warranties and bonds;

4. Keys and keying schedule;

5. Extra materials and spare parts;

6. Insurance Certificate showing required continuation of coverage beyond Final Payment;

7. Release of Liens;

8. Waiver of Claims by Contractor;

9. Controller Certifications for DX3 Controller and DX2 Panel

10. Any other submittals required by the Contract Documents and not previously received.

1.05 RECORD DRAWINGS
A. The Contractor shall maintain on the jobsite, a complete set of Contract Documents and a complete file of all addenda, contract modifications and favorably reviewed submittals.

B. The Contractor shall prepare a set of Record Drawings concurrently with the construction of the Work and the following:

1. Show the invert elevation of all gravity piping and the top of pipe, top of conduit or top of protective concrete encasement for other utilities. Elevations shall be related to a permanent visible elevation benchmark set at the site by the Contractor.

2. Locations of work buried under or outside building, such as plumbing, piping, and electrical lines and conduits.

3. Actual numbering of each electrical circuit.

4. Locations of significant work concealed inside the building whose general locations are changed from those shown on the plans

5. Locations of all items, not necessarily concealed, which vary from the plans.

6. Installed location of all cathodic protection anodes.

7. Deviations from the sizes, locations and other features of installations shown in the plans.

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8. Locations of underground work, points of connection with existing utilities, changes in direction, valves, manholes, capped stubouts, invert elevations, etc.

9. Sufficient information to locate work concealed in the building with reasonable ease and accuracy. In some instances, this may be by dimension; in others, it may be in relation to the spaces in the building near which work was installed.

10. Show the horizontal location of underground utilities measured from permanent visible physical features such as face of building or centerline of manhole.

C. Comply with detailed requirements in technical specification sections describing the type of information required on Record Drawings. The Contractor's copy of Contract Documents, Contract modifications and Record Drawings shall be available to the Engineer for weekly verification that the records are being currently updated.

D. Submit Record Drawings and obtain acceptance prior to completion.

1.06 EXTRA MATERIALS
A. Deliver specified extra materials and parts to the City. Itemize all items on a transmittal letter in duplicate and obtain signature of receiving party. Submit copies of signed transmittals for all specified extra materials and parts prior to completion.

1.07 WARRANTY
A. General Conditions, Article 11, overs the Contractor's responsibility to remedy defects due to faulty workmanship and materials, which appear within one year from the date of Final Completion and acceptance by the City.

B. Guarantees for more than one year when called for in various sections of the Specifications shall be evidenced by the Contract Documents and in the form of a special guarantee written on the letterhead of the Contractor, Subcontractor, or Supplier doing the work and/or supplying the item to be guaranteed, and countersigned by the Contractor as follows. Failure to provide the special guarantee on the letterhead shall not relieve the Contractor, Subcontractor, or Supplier from its obligations for the special guarantees.

C. Special Guarantee:

We hereby guarantee that the _____________________________ which we have provided in the _________________________________________, Project, was done in accordance with the Drawings and Specifications, and that the work, as installed, will fulfill the requirements of the guarantee included in Specification Section _________. We agree to repair or replace any or all of our work, together with any other adjacent work which may be damaged or displaced by so doing, that may prove to be defective in workmanship or material (with the exception of defects due to ordinary wear and tear, and unusual abuse or neglect) within a period of ______ years from the date of acceptance of the abovenamed facility, without any expense whatsoever to the City. In the event of our failure to comply with the above-mentioned conditions within the period set forth in Article 12 of the General Conditions after being notified in writing by the City, we, collectively or separately, do hereby authorize the City to proceed to have said defects repaired and made good at our expense, and we will honor and pay the costs and charges therefor upon demand. We understand that the provisions of General Conditions paragraphs 12.15 and 12.16 apply to this Special Guarantee.

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Signed
(Subcontractor or Supplier)
Company
Address
Telephone Number
Countersigned
(Contractor)
D. Submit two notarized original signed copies of each required Special Guarantee prior to completion.

1.08 TWELVE-MONTH INSPECTION
A. Thirty (30) days prior to the expiration of the one-year guarantee period described in General Conditions Article 11, the Contractor shall tour the project with the Engineer and/or the City to prepare a list of corrective work required under the 12-month guarantee. The Contractor shall correct all items found to be defective within 20 days of receipt of the list of items to be corrected. **END OF SECTION**
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SECTION 024119

SELECTIVE DEMOLITION
PART 1 - GENERAL

1.1 SECTION INCLUDES
A. Demolition and removal of selected site elements.

B. Disconnecting, capping or sealing, and removing site utilities.

C. Disposal of objectionable material.

D. Salvage of existing items to be reused or recycled.

E. Providing all materials, equipment, transportation, and incidentals required to complete all demolition and removal work as herein specified. Demolition work includes but is not limited to the areas as indicated in the Specification and other Contract Documents, and additional work as noted in this Section of the Specifications and other sections of the Specifications.

F. The Contractor shall be solely responsible for his methods in regards to demolition, shoring, and bracing unless otherwise specified. This responsibility extends to the preparation of engineered designs and the ultimate performance of all shoring and bracing systems.

G. Related Requirements:
a. Section 311000 "Site Clearing" for site clearing and removal of above- and below-grade improvements not part of selective demolition.

1.2 RELATED SECTIONS
a. Section 31 10 00 – Site Clearing.

1.3 RELATED DOCUMENTS
a. California Building Code, California Code of Regulations, Title 24, Part 2, Chapter 33, Safeguards During Construction.
b. ANSI: 10.6-1990: Safety Requirements for Construction and Demolition. c. NFPA: 241-96: Safeguarding Construction, Alteration, and Demolition Operations
d. 40 CFR: 82: Protection of Stratospheric Ozone.

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1.4 DEFINITIONS
A. Remove: Detach items from existing construction and dispose of them off-site unless indicated to be salvaged or reinstalled.

B. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage, and deliver to the Engineer.

C. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated.

D. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled.

E. Dismantle: To remove by disassembling or detaching an item from a surface, using gentle methods and equipment to prevent damage to the item and surfaces; disposing of items unless indicated to be salvaged or reinstalled.

F. ANSI: American National Standards Institute.

G. CAL-OSHA: California Occupational Safety and Health Administration.

H. CFR: Code of Federal Standards.

I. EPA: Environmental Protection Agency.

J. NFPA: National Fire Protection Association.

1.5 MATERIALS OWNERSHIP
A. Unless otherwise indicated, demolition waste becomes property of Contractor.

B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. Carefully salvage in a manner to prevent damage and promptly return to Owner.

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1.6 QUALITY ASSURANCE
A. Demolition firm to be an experienced firm that has specialized in demolition work similar in material and extent to that indicated for this project.

B. Comply with all governing notification regulations including EPA before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

C. During construction, Geotechnical Field Engineer should observe site grading, fill placement, ground improvement, and foundation installation.

1.7 PROJECT CONDITIONS
A. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition.

C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.
a. Hazardous materials will be removed by Owner before start of the Work. b. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Hazardous materials will be removed by Owner under a separate contract.

D. Except for materials indicated to be stockpiled or to remain the Owner’s property, cleared materials are the Contractor's property. Remove cleared materials from site and dispose of in lawful manner.

E. Unidentified Materials: If unidentified materials are discovered, including hazardous materials that will require additional removal other than is required by the Contract Documents, immediately report the discovery to the Owner. If necessary, the Owner will arrange for any testing or analysis of the discovered materials and will provide instructions regarding the removal and disposal of the unidentified materials.

F. Obtain all required permits from authorities related to the demolition.

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G. Confine demolition work to the work hours established by Engineer for this project.

H. Maintain entrances and exits to the site occupied by the building, as well as those to adjacent properties, or provide alternate routes approved by each property owner, unless otherwise authorized by each property owner.

I. Do not use explosives for demolition without written permission from the Owner.

1.8 COORDINATION
A. Arrange demolition schedule so as not to interfere with other activities on the parcel or adjacent parcels by other tenants.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ASSE A10.6 and NFPA 241.

2.2 SOIL MATERIALS
A. Backfill excavations resulting from demolition operations with on-site or import materials conforming to structural backfill defined in Section 31 20 00 Earth Moving.

PART 3 - EXECUTION

3.1 PREPARATION
A. Protect and maintain benchmarks and survey control points during demolition.

B. Protect existing site improvements to remain during demolition.

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3.2 RESTORATION
A. Restore damaged improvements to their original condition, as acceptable to the Owner.

3.3 UTILITIES
A. Locate, identify, disconnect, and seal or cap off all utilities indicated to be removed or abandoned.

B. Arrange to shut off indicated utilities with utility companies or verify that utilities have been shut off.

C. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless authorized in writing by the Owner, and then only after arranging to provide temporary utility services according to requirements indicated.

D. Coordinate utility interruptions with utility company affected.

E. Do not proceed with utility interruptions without the permission of the Owner and utility company affected. Notify the Owner and utility company affected two working days prior to utility interruptions.

F. Excavate and remove underground utilities that are indicated to be removed.

G. Abandoned underground utilities should be removed to the property line or service connections.
a. Securely close ends of abandoned piping with tight fitting plug or wall of concrete minimum 6-inches thick.

3.4 SITE IMPROVEMENTS
A. Remove existing above- and below-grade improvements as indicated and if they will interfere with the proposed construction.
a. Buried slabs and foundation elements that will not interfere with the proposed construction may be left in place, provided they are cut off at least three feet below the proposed mat/structural slab subgrade.

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b. Buried slabs and foundations, if any remain from the previous improvements on site, should be removed if they will interfere with the proposed construction.

3.5 BACKFILL
A. Place and compact material in excavations and depressions remaining after site clearing in conformance with Section 31 20 00 Earth Moving.

B. Any excavations created during demolition should be properly backfilled with compacted fill under the observation of the Geotechnical Field Engineer.

3.6 REPAIRS
A. General: Promptly repair damage to adjacent construction caused by demolition operations.

B. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials.

C. Restore exposed finishes of patched areas and extend restoration into adjoining construction in a manner that eliminates evidence of patching and refinishing.

3.7 DISPOSAL
A. Remove surplus obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off the Owner’s property.

END OF SECTION
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SECTION 26 00 00

REQUIREMENTS FOR ELECTRICAL WORK
PART 1 GENERAL

1.1 DESCRIPTION
A. This section specifies electrical work including labor, electrical material, equipment, and installation and testing requirements for complete operating system. Electrical work shall also include demolition and modifications of existing electrical equipment as shown and specified in these specifications. All equipment requiring power and or control shall include equipment furnished under this section and other sections of the specifications.

The electrical drawings included in this project document are diagrammatic only and functional in nature and do not specify exact locations of equipment or equipment terminations. This project involves 208V underground power distribution system and thus relevant experience is required. In general, the Contractor shall do the followings:

1. Furnishing and installation of new electrical service.

2. Furnishing and installation of electric service meter/main panel

3. Furnishing and installation of power distribution panel

4. Furnishing and installation of lighting fixtures, lighting controllers, pump controllers, outlets, and irrigation controllers.

5. Removal of existing electrical equipment.

6. Required labor and materials for complete operating systems.

All work shall be performed by licensed, experienced, contractor who shall be responsible for obtaining construction permit as required by local authority having jurisdiction.

1.2 QUALITY ASSURANCE
A. References: This section contains references to the following documents. They are a part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail.

B. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, whether or not the document has been superseded by a version with a later date, discontinued or replaced.

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Reference Title
ANSI A58.1 Minimum Design Loads for Building and Other Structures IEEE 81 Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System
IEEE
C57.12.01
General Requirements for Dry-Type Distribution and Power Transformers
NEMA 250 Enclosures for Electrical Equipment (1000 Volt Maximum) NEMA ICS 1 General Standards for Industrial Controls and Systems NEMA ICS 2 Industrial Control Devices, Controllers, and Assemblies NEMA ICS 6 Enclosures for Industrial Controls and Systems NEMA ST20 Dry-Type Transformers for General Application NEMA WD 1 General Requirements for Wiring Devices
NFPA 70 National Electrical Code (NEC)
CBC
GO 95
California Building Code
California General Order Number 95
UL 50 Enclosures for Electrical Equipment
UL 62 Flexible Cords and Cables
UL 67 Panelboards
UL 489 Molded-Case Circuit Breakers and Circuit Breaker Enclosures UL 506 Specialty Transformers
Ul 508A
IBC
Standard for Industrial Control Panel
International Building Codes
C. Identification of Listed Products: Electrical equipment and materials shall be listed by an independent testing laboratory for the purpose for which they are to be used. Three such organizations are Underwriters Laboratories, Inc. (UL), Canadian Standards Association (CSA), and Electrical Testing Laboratories (ETL). The independent testing laboratory shall be acceptable to the inspection authority having jurisdiction.

1.3 SUBMITTALS
A. The following specific submittal requirements are for the electrical equipment and related construction materials. As a minimum but not limited to, submit the followings for review and approval:

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1. Electrical equipment such as service panel, distribution panel, disconnect switch, control panels etc.

2. Electrical construction materials such as cables, conduits, junction boxes, pull boxes etc

3. Control panels such as lighting controllers, pump controllers.

4. O&M Manual for all electrical equipment.

5. As-Built drawings reflecting as-installed conditions.

B. The following information shall be submitted and provided for all electrical equipment, lighting fixtures, power distribution equipment and installation materials in accordance with these specifications. Each submittal shall consist of four hard copies in 8.5”x11” binders and a CD containing the submitted materials:

1. Verification of fault withstand and interrupting ratings of all applicable power equipment and devices.

2. Catalog-cuts including technical specifications, application information, ratings, and other information required to verify the equipment and/or material meets the requirements of this specification.

3. Complete and detailed wiring diagrams for each system: Lighting, Pumping.

3. O&M Manual published from the equipment or device manufacturers. The manual shall include all data such as catalog cut sheet, wiring diagrams, installation details, installation as-builts, instructions for trouble shooting, warranties and repairs contact information such as phone and fax numbers.

1.4 PROJECT/SITE CONDITIONS
A. General: Unless otherwise specified, equipment and material shall be sized and rated for an ambient temperature of 40 degrees C at an elevation ranging from sea level to 100 feet without exceeding the manufacturer's stated ratings. The site is an existing, active public space. Traffic controls shall be required. There are existing underground utilities such as water piping, gas piping, electric, telephone and signals. Field verification of these utilities shall be required to avoid damages to existing utilities prior to any trenching, digging or drilling. Trenching for new conduits for electrical work shall be coordinated with new utility piping systems. The area is generally considered as corrosive environment due to salt air atmosphere at the shoreline. Restore the surface to original conditions.

B. Seismic: Electrical equipment and supports shall be braced in accordance with latest International Building Code, and local applicable codes.

1.5 ELECTRIC SERVICE
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Electric service for this project is new, derived from existing PG&E underground power vault as shown on the drawings. A service application has been sent to PG&E, and that the contractor shall be responsible to follow up and coordinate with PG&E for a timely installation and energization of the new service by PG&E.

1.6 TEMPORARY POWER FOR EXISTING EQUIPMENT
Temporary power or connection is not required at this site during construction.

Contractor shall provide own power for his tools.

1.7 SEQUENCE OF WORK
The Contractor shall follow the following general sequence of work. Any deviation and or changes shall be submitted in advance to the City for review and approval prior to execution of the work:

1. Install service concrete pad and service meter and main panel.

2. Install concrete pad and distribution panel.

3. Perform underground trenching, horizontal boring and installation of conduits and cables as shown on the drawings.

4. Remove all existing electrical equipment, light fixtures and replace them with new.

5. Install lighting and pump controllers, connect the equipment, check, test

6. Perform electrical tests and functional tests
Coordination with PG&E and the City staff is required.

PART 2 PRODUCTS

2.1 GENERAL
Equipment and materials shall be new and free from defects. All equipment of the same or similar type shall be of the same manufacturer throughout the work. Standard production materials shall be used wherever possible. Electrical equipment shall be new, certified and listed by nationally recognized laboratory.

2.2 RACEWAY, FITTINGS, AND SUPPORTS
A. General: Conduit shall be provided for power, control, instrumentation, grounding, lighting, receptacles, and signaling systems. All exposed conduits shall be rigid C.11.b
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galvanized steel, no EMT or IMC shall be utilized in this project. Underground conduits shall be heavy duty PVC schedule 40.

B. Raceway:

1. Exposed conduit shall be threaded, galvanized, rigid steel conduit. No EMT or IMC conduit is allowed. Minimum conduit size shall be 3/4 inch. Bushings shall be galvanized, malleable iron with insulating collars. Grounding bushings shall be locking type with a feed through compression lug. Unions shall be galvanized, ferrous alloy type. Threadless fittings are not acceptable. Running threads shall not be used in lieu of conduit nipples. Threaded hubs shall be used to terminate conduits entering boxes.

2. Liquidtight, flexible steel conduit shall be formed from spirally wound, galvanized steel strip with successive convolutions securely interlocked and jacketed with liquidtight, plastic cover. Minimum size shall be 3/4 inch. Fittings for liquidtight conduit shall have cadmium-plated, malleable iron body and gland nut with cast-in lug, brass grounding ferrule threaded to engage conduit spiral and O-ring seals around the conduit and box connection and insulated throat. Forty-five and 90- degree fittings shall be used where applicable.

3. Embedded or encased or direct buried conduit shall be Schedule 40, high impact, polyvinyl chloride (PVC). Minimum size shall be 2 inch. For chemical tank areas, exposed conduit may be PVC schedule 80, 1-inch minimum. PVC conduit accessories such as elbows, boxes, condulets etc..matching with conduit type shall be used. Transition from underground to above ground shall be PVC-to-RGS coupling.

4. Fittings for PVC conduit shall be solvent welded type.

C. Conduit boxes:

1. Boxes for use outdoors and in process areas shall be hot-dip, galvanized cast ferrous alloy type FD with integrally cast-threaded hubs for conduit entry. Boxes larger than FD boxes shall be welded steel and hot-dip galvanized after fabrication.

2. Boxes installed in areas where electrical metallic tubing is specified on the drawings shall be standard UL approved electrogalvanized sheet steel, 4-inch square or octagon minimum trade size.

3. Conduit bodies shall be ferrous alloy type with screw taps for fastening covers.

Gaskets shall be made of neoprene.

D. Raceway Supports: Hot-dip galvanized framing channel shall be used to support groups of conduit. Individual conduit supports shall be one-hole galvanized malleable iron pipe straps with galvanized iron clamp backs and nesting backs where required. Ceiling hangers shall be adjustable, galvanized carbon steel rod hangers. Straps or plumbers tape are not acceptable. Hanger rods shall be 1/2-inch all thread rod.

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E. Concrete Pull Boxes and Hand Holes: Provide and install pre-cast concrete pull boxes and hand holes in locations indicated on the Drawings and as required by NEC. Pull boxes and hand holes shall be:

1. For parking lot and roadway, the pull boxes and handholes shall be designed for heavy traffic conditions, with the box and cover designed for heavy traffic bridge loading H-20. Cover made of galvanized steel shall be fastened to the box with stainless steel bolts. For non-traffic location, pull boxes shall be heavy duty and does not need to be rated for traffic.

2. Minimum 2 feet by 3 feet by 3 feet depth with ¾ inch diameter pulling irons located at each end. Concrete material shall be reinforced Class A. Smaller pull box and handhole dimensions if specifically shown on the drawings are acceptable.

3. Provided with engraved “Electrical” or “Instrumentation” or “Telephone” as applicable on the top side of the covers.

4. Concrete pullboxes and handholes shall be manufactured by Christy, Jensen Precast, or equal.

2.3 CONDUCTORS, WIRES, AND CABLES
A. General: Conductors, wires, and cables shall be provided for power, control, lighting, receptacles, instrumentation, grounding and signal circuits. The quantity and size of conductors shall be as specified.

B. Power and Control Conductors: Power and control conductors for general use shall be single conductor, stranded, annealed copper with 600-volt, 90 degree C rated, XHHW-2 cross linked Polyethylene insulation suitable for high heat and moisture resistance, Okonite, Okoseal-N; CABLEC; or equal.

C. Lighting and Receptacle Circuit Conductors: Conductors for lighting and receptacle circuits shall be single conductor, annealed copper with 600-volt THWN/THHN PVC insulation. Conductor sizes No. 12 AWG and larger shall be stranded. Minimum conductor size shall be No. 12 AWG. Conductors shall be Okonite, Okoseal-N; CABLEC; or equal.

D. Grounding Conductors: Grounding conductors shall be as specified in paragraph 26 000-

2.8 A.

E. Instrumentation and Signal Cable: Cable for instrumentation and signal circuit shall be twisted shielded pair or triad as specified, No. 16 AWG 7-strand copper with 600-volt PVC insulation, 100 percent aluminum-Mylar tape shield, No. 18 AWG tinned copper drain wire and overall PVC jacket, Okonite, Okoseal-N type P-OS, CABLEC, or equal.

F. Splicing and Terminating Materials:

1. Connectors: Connectors for stranded conductors shall be tool applied tin-plated copper, compression type of the correct size and UL approved for the application.

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Connectors for wire sizes No. 10 AWG and smaller shall be nylon self-insulated, ring tongue or locking-spade terminals. Connectors for wire sizes No. 8 AWG and larger shall be one-hole lugs up to size No. 3/0 AWG and two-hole or four-hole for size 4/0 AWG and larger. Mechanical clamp, dimple, or screw-type connectors are not acceptable.
240V and 480-volt motor terminations shall be made using bolt connected lugged connectors and factory engineered kits consisting of heat shrinkable, polymeric insulating material with high dielectric strength mastic sealant.

Termination of solenoid valves, 120-volt motors, and other devices furnished with pigtail leads shall be made using self-insulating, tubular compression connectors.

2. Terminal Blocks: Terminal blocks shall be provided for external control and power wires size 10 AWG and smaller. Terminal blocks shall be 600 volts, heavy-duty, rated 20 amperes for control and 30 amperes minimum for power. Other size of termination lugs shall be as shown on the drawings. Lugs shall be provide for threephase termination and a ground regardless incoming cable or circuit being threephase or not.

G. Wire Markers: Wire markers shall be yellow or white shrink tubing, Thermofit Marker System (TMS) by Raychem Co., Thomas and Betts equivalent, or equal for conductors No. 10 AWG and smaller and locking tab cable markers, W.H. Brady Co., Thomas and Betts, or equal, for conductors No. 8 and larger. Letters and numbers identifying each conductor shall be machine printed in permanent black ink.

2.4 WIRING DEVICES
A. General: Receptacles, plugs, switches, and appurtenances shall be provided as specified on the drawings. Wiring devices shall be UL approved for the current and voltage specified and shall comply with NEMA WD-1. Receptacles and switches shall be premium, specification grade. GFI type in weather proof cover/box shall be provided for all outdoor receptacles.

B. Receptacles: Receptacles shall be 20A, 120V, grounding type. Receptacles for use outdoors and in process areas shall be corrosion resistant, marine duty with polycarbonate weatherproof lift covers, Hubbell 53CM62/ 53CM21, General Electric, or equal. Outdoor receptacles shall be protected by GFI breakers located in panelboard. For outdoor receptacles for plug-in equipment, a suitable weather-proof while in-use clear plastic cover designed for plug-in equipment shall be provided. These covers shall be manufactured by Leviton, Taymac, or approved equal.

C. Switches: Switches for use outdoors and in process areas shall be 20 amp, press-switch type with weatherproof, corrosion-resistant neoprene plate, Hubbell, Arrow-Hart, or equal.

2.5 LIGHT FIXTURES
All light fixtures shall be new and provided with functional light bulbs.

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Refer to drawings for light fixture type and locations.

2.6 COMBINATION METER MAIN LOAD CENTER
The combination meter socket load center shall be suitable for use with Nema 4X ,freestanding, 316 stainless steel, corrosive resistant, weather-proof enclosure, rated 120/208 three-phase, 100-Ampere, 22KA short circuit rating, 12-circuit, four-wire electric service served by an underground service from PG&E. This new service, equipment and installation shall conform to PG&E Service Requirements and shall be EUSERC compliant. Contractor shall make sure the combination meter main load center has correct provisions for PG&E energy meter, and is approved by PG&E prior to submitting the unit for review and approval by the City. Quantity of the circuit breakers shall be as shown on the drawings. The combination meter socket load center shall be ANSI/UL listed and shall be manufactured by Tesco Controls, or equal.

2.7 GROUNDING MATERIAL
A. Cable: Grounding cable shall be concentric stranded, annealed bare copper. Cable size shall be as specified, and shall not be smaller than #4/0 AWG.

B. Ground Rods: Ground rods shall be copper-covered steel, 3/4-inch diameter, and 10 feet long. Rods shall have threaded type, removable caps so that extension rods of the same diameter and length may be added where necessary. The rods shall be manufactured by ERICO, Galvan Industries, Inc. or equal.

C. Compression Connectors: Compression connectors shall be cast copper as manufactured by Thomas and Betts, OZ. Gedney, or equal.

D. Bolted Connectors: Bolted connectors shall be Burndy, O.Z. Gedney, or equal.

E. Equipment Grounding: Install a green insulated equipment grounding conductor with each feeder and branch circuit from the power source grounding means to the load equipment or device.

2.8 GENERATOR RECEPTACLE
Portable generator receptacle shall be rated 100A 120/208V , three-phase four-wire and ground, NEMA 4X, UL/CSA listed, male configuration with accessories as shown on the drawings. It shall be manufactured by Meltric, Crouse-Hinds, or equal.

2.9 DISTRIBUTION EQUIPMENT
A. Circuit Breakers: Circuit breakers shall be molded-case type provided for the current ratings and pole configurations specified on the panelboard schedule. Circuit breakers C.11.b
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rated 120/208 volts AC shall have a minimum interrupting current rating of 22K amperes (symmetrical) at 208 volts AC.

Circuit breakers shall be bolt-on type.

Circuit breakers shall be listed in accordance with UL-489 for the service specified.

Load terminals of circuit breakers shall be solderless connectors.

Circuit breakers and panelboards shall be products of the same manufacturer.

2.10 NAMEPLATES
Nameplates shall be made from laminated phenolic plastic. The nominal size of the nameplates shall be 3/4 inch high by 2 inches long. Nameplates shall have black backgrounds with 1/4-inch white letters. If abbreviations are required because of space limitations, abbreviations shall be submitted to the Construction Manager for approval prior to manufacture. Nameplates shall be fastened using self-tapping stainless steel screws. The use of adhesives will not be permitted on the outside of enclosures.

Nameplates shall be provided for each enclosure, control panels, disconnects starter, transformer, switchboard, panelboard etc.

2.11 DEMOLITION WORK
A. GENERAL
Disconnect and remove existing electrical device and or service equipment, underground direct-buried power conduits, cables as shown on the drawings. Coordinate work in sequence with the City.

B. DEMOLITION
Remove and discard electrical equipment shown on the drawings. Salvaged equipment if any shall be stored in a bin as directed by the City .

2.12 HEAVY DUTY DISCONNECT SWITCHES
A. GENERAL:

Unless otherwise specified, individual heady duty disconnect switch shall be industrial type, fused, 3-pole, 600-volt AC.

B. ENCLOSURES:

The door of the disconnect enclosure shall be interlocked with an externally operated disconnect handle, lockable in the open position. Enclosures shall be NEMA 12 for dry indoor areas and NEMA 4X, fiber glass, compression-molded, or stainless steel for C.11.b
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outdoor and wet process areas. Provide auxiliary switch contacts for shutting off control circuit.

For 240V and 480V, three-phase equipment, the switch shall be heavy duty padlockable, quick-make, quick-break, visible blades, 600V rated, interlock defeat and flange mounted operating handle, fuses shall be dual element type.

For 120V, single-phase equipment, the switch shall be NEMA 4X, manual starter type with padlockable steel mechanism.

The disconnect switch shall be manufactured by Cutler-Hammer, Square D, General Electric or equal.

2.13 LIGHTING SYSTEM CONTROLLERS
A. GENERAL:

Lighting system controllers shall be as indicated on the drawings and shall be as specified in this section. They shall be in compliance with NEC Articles 110, 409 and UL 508A Standard. Detailed shop drawings with complete wiring diagrams shall be submitted for review and approval.

B. Characteristics and components shall be as shown on the drawings and as specified in this section. They shall be manufactured by Tesco Controls, KBL Associates, or equal.

2.14 PUMP CONTROLLERS
A. GENERAL:

Pump controllers shall be as indicated on the drawings and shall be specified in this section. They shall be in compliance with NEC Articles 110, 409 and UL 508A Standard.

Detailed shop drawings with complete wiring diagrams shall be submitted for review and approval.

B. Characteristics and components shall be as shown on the drawings and as specified in this section. They shall be manufactured by Tesco Controls, KBL Associates, or equal.

PART 3 EXECUTION

3.1 GENERAL
Unless otherwise detailed or dimensioned, electrical layout drawings are diagrammatic.

The Contractor shall coordinate the location of electrical material and equipment with the work. Typical details shall apply regardless they are specifically referenced on the drawings or not. Verify with the City exact location of the equipment and obtain approval prior to actual installation of the equipment and the related conduits.

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Electrical equipment shall be protected from dust, water, and damage. General electrical arc flash warning signage shall be provided for all electrical enclosure and equipment.

All electrical work and installation including grounding for the fountains shall comply with NEC Article 680.

3.2 RACEWAY, FITTINGS, AND SUPPORTS
A. General: The Contractor shall limit the number of directional changes of conduit to a total of not more than 270 degrees in any run between pull boxes. Conduit runs shall be limited to 400 feet, less 100 feet for each 90-degree change in direction.

Signal conduit and low voltage such as 24VDC shall be separated from AC power and control conduits. The minimum separation shall be 12 inches for rigid steel and 24 inches for PVC conduits.

B. Exposed Conduits: Rigid metallic conduit shall be assembled to provide a continuous ground path. Joints shall be made with standard couplings or threaded unions. Bends and offsets shall be made with a hickey or conduit bending machine or shall be factory preformed bends.

Exposed conduit shall be run on supports spaced not more than 10 feet apart and shall be constructed with runs parallel and perpendicular to walls, structural members, or intersections of vertical planes and ceiling. No conduit shall approach closer than 6 inches to any object operating above 30 degrees C.

Conduit supports shall be secured to concrete walls and ceilings by means of cast-inplace anchors, die cast, rustproof alloy expansion shields, or cast-flush anchors.

Wooden plugs, plastic inserts, or gunpowder driven inserts are not acceptable as a base for securing conduit supports.

Liquidtight, flexible steel conduit shall be used for the final connection to equipment, devices, and instruments where flexibility is required.

The length of liquidtight flexible steel conduit shall not exceed the lesser of 15 times the trade diameter of the conduit or 36 inches.

Conduits entering or exiting the ground shall be sealed with “EYS” seals. Use sealing compound recommended by the conduit manufacturer.

Conduit for fire alarm system shall be in separate conduit system from any other systems.

C. Embedded or Encased Conduit: Conduits constructed in concrete which is in contact with earth shall be separated from earth by at least 3 inches of concrete. Clearances equal to the nominal conduit diameter but not less than 2 inches, shall be maintained between encased or embedded conduits except where conduits cross or terminate.

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D. Rigid Galvanized Steel Conduit: All exposed conduits shall be rigid galvanized steel with matching conduit boxes and accessories. Provide “EYS” conduit seals for all conduits entering or exiting the ground where shown on the drawings. Use sealing compound recommended by the conduit manufacturer.

3.3 CONDUCTORS, WIRE, AND CABLE
A. General: Raceway construction shall be complete, cleaned, and protected from the weather prior to wire and cable being installed. Pulling wire and cable into conduit shall be completed without damaging or putting undue stress on the cable insulation.

Soapstone, Talc, or UL listed pulling compounds are acceptable lubricants for pulling wire and cable. Grease is not acceptable. Nylon pull rope shall be pulled through the conduit immediately after concrete pour.

Each power, control, signal, and instrumentation conductor shall be identified at each terminal to which it is connected utilizing the wire markers specified in paragraph 16000-

2.03 G.
600-volt conductors and their terminations shall be color coded as follows:
120/240 Lighting and Receptacles
Phase A – Black
Phase B – Red
Phase C – Blue
Neutral – White
Ground – Green
B. 600-Volt Conductor and Cable: Slack shall be provided in junction and pull boxes. Slack shall be sufficient to allow cable or conductors to be routed along the walls of the box.

Conductors crossing hinges shall be bundled in groups not exceeding 12 and shall be so arranged that they will be protected from chaffing when the hinged member is moved.

Raceway fill limitations shall be as defined by NEC and the following:

Lighting and receptacle circuits may be together in the same conduit in accordance with derating requirements of the NEC. However, lighting and receptacle circuits shall not be in conduit with other communication and instrumentation circuits.

Solid wire shall not be lugged nor shall electrical spring connectors be used on any except for solid wires in lighting and receptacle circuits. Lugs and connectors shall be installed with a compression tool.

No cable splices shall be allowed in classified hazardous locations.

C. Signal and Instrumentation Cables: Signal and instrumentation circuits shall be run as individual shield twisted pairs or triads. Triads shall be used wherever three-wire circuits C.11.b
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are required. Terminal blocks shall be provided at cable junction for running signal leads and shield drain wires. Each conductor shall be identified at such junctions.

Shields shall not be used as a ground path.

3.4 WIRING DEVICES
Switches and receptacles for use outdoors and in process areas shall be mounted in "FD" type boxes. For indoors, use standard 4” steel boxes. Unless otherwise specified, switches shall be mounted at least 48 inch above finished floor. Receptacles shall be mounted 18 inches above the floor in finished areas for indoor areas and 36 inches above the floor or grade in process areas and outdoors unless otherwise noted.

3.5 SIGNAGE FOR UNDERGROUND CABLES
Where shown on the drawings, furnish and install signage for underground direct buried cables and conduit as detailed on the drawings.

3.6 GROUNDING
Electrical equipment and enclosures, metal surfaces of equipment, and metal structural members shall be grounded. Grounding system shall be provided in compliance with the NEC and as specified on the drawings.

Embedded and buried cable connections shall be made by cast copper compression connectors utilizing diamond or hexagon dies and a hand compression tool for wire sizes 2 AWG and smaller and a hydraulic pump and compression head for wire size 2/0 AWG and larger. Embedded ground cables and fittings shall be securely attached to concrete reinforcing steel with tie wires.

Grounding conductors which extend beyond concrete surfaces for equipment connection shall be extended a sufficient length to reach the final connection point without splicing.

Grounding conductors which project from a concrete surface shall be located as close as possible to a corner of the equipment pad, protected by conduit or terminated in a flush grounding plate.

Exposed ground connections shall be made by bolted connectors. Exposed grounding conductors shall be supported by noncorrosive metallic hardware at 4-foot intervals or less.

Grounding conductors entering enclosures shall be bonded together to the enclosure if it is metallic and to metallic raceway within terminating at the enclosure. Metal surfaces shall be cleaned prior to making grounding connections and bonds.

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3.7 INSTALLATION
A. Concrete pullboxes, manholes, concrete encasement and raceways shall not leak water into boxes’ interiors. This applies to duct banks and raceways entering structures, basements, tunnels, and crawl spaces.

B. Rack signal cable such as instrumentation, and communication cables separately from AC power and control cable. Identify cables and conductors routed through pullboxes as specified.

C. Support conductors on industrial grade insulators. Route and tie conductors to preclude damage during personnel ingress.

D. Unless otherwise noted, all pullboxes and manholes shall be installed flush with finished grade.

E. For medium voltage manholes and 600V electrical pull boxes, cables shall be looped in with slacks. Cables shall be provided with stainless steel tags specified on the drawings.

F. Furnish and install arc flash warning label on each electrical enclosure or equipment.

Labels shall be heavy duty, self-cohesive vinyl type for outdoor installation on equipment.

G. Each electrical panel and or enclosure shall be provided with a nameplate as specified in this section.

3.8 PROTECTION
A. Protect products until acceptance by the City.

B. Seal pullboxes, manholes and covers heavy duty synthetic rubber sealing compound to avoid water leakage within pullboxes or manholes.

3.9 TESTING
A. General: Prior to energizing the electrical circuits, the tests shall be performed as specified. Unless otherwise specified, a 500-volt megohmmeter shall be used for resistance measurements.

The measurements of the tests shall be recorded on the specified forms and provided in accordance with paragraph 16000-1.3.

B. Insulation Resistance Measurements:

1. General: General insulation resistance measurements shall be made on conductors and energized parts of electrical equipment. Minimum acceptable values of insulation resistance shall be in accordance with the applicable ICEA, NEMA, or ANSI standards for the equipment or material being tested, unless C.11.b
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otherwise specified. The ambient temperature at which insulation resistance is measured shall be recorded on the test form.

2. Conductor and Cable Tests: The phase-to-ground insulation resistance shall be measured for all circuits 120 volts and above except lighting circuits.

Measurements may be made with motors and other equipment connected.

Insulation resistance measurements shall be recorded and submitted to the Engineer for review and approval. Insulation with resistance of less than 10 megohms is not acceptable.

3. Motor Tests: All motors shall have their insulation resistance measured before they are connected. Motors 50 HP and larger shall have their insulation resistance measured at the time of delivery as well as when they are connected. Insulation resistance values less than 10 megohms are not acceptable.

C. FUNCTIONAL CHECKOUT:

Prior to energization of equipment, the Contractor shall perform a functional checkout of the control circuit. Prior to functional testing, all protective devices shall be adjusted and made operative. Checkout shall consist of energizing each control circuit and operating each control, alarm or malfunction device and each interlock in turn to verify that the specified action occurs. Contractor shall submit a description of his proposed functional test procedures prior to the performance of functional checkout.

The Contractor shall verify that motors are connected to rotate in the correct direction.

Verification may be accomplished by momentarily energizing the motor, provided the Contractor confirms that neither the motor nor the driven equipment will be damaged by reverse operation.

D. GROUNDING SYSTEM TESTS:

The Contractor shall test each grounding connection to determine the ground resistance.

The grounding test shall be IEEE Standard 81. A plot of ground resistance readings for each isolated ground rod or ground mat shall be provided to the Construction Manager on 8-1/2 x 11 inch size graph paper. The current reference rod shall be driven at least 100 feet from the ground rod or grid under test. The measurements shall be made at 10-foot intervals beginning 25 feet from the test electrode and ending 75 feet from it, in direct line between the ground rod or center of grid and the current reference electrode.

A grounding system that shows greater than 2 ohm resistance for the flat portion of the plotted data shall be considered inadequately grounded. The Contractor shall add additional parallel connected ground rods and/or deeper driven rods until the ground resistance measurements meet the 2 ohm requirement. Ground rods required over that specified will be paid for as extra work. Use of salts, water, or compounds to attain the specified ground resistance is not acceptable. Records showing actual measured values of the ground resistance shall be submitted to the City for review and approval.

3.10 TRAINING
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Contractor shall provide training to City staff for the following systems:
a. Main service panel
b. Lighting System Controllers
c. Pump Controllers
Training shall not be not less than two hours for each system and shall be hand-on so that the City staff can operate the systems immediately after acceptance of the project.

O&M Manuals shall be provided during training.

3.11 RECORD DRAWINGS
Records drawings refer to those documents maintained and annotated by the Contractor during construction include record drawings in accordance with these specifications.

Contractor shall submit record drawings (full size with red marks) that reflect as-installed conditions. Drawings do not conform or do not show as installed conditions shall be rejected and shall be resubmitted by the Contractor for no additional cost to the City until acceptance by the City. Submit certificate of warranty of the installation for one year before closing out the project.

PART 4 MEASURMENT & PAYMENT

4.1 No separate measurement and payment shall be made for Electrical Work. Full compensation for furnishing all labors, materials, tools, equipment, and incidental and for doing all the work described in this section, completed in place, and as shown on the plan shall be considered as included in the various contract lump sum prices paid.

4.2 Full compensation for Requirement for Electrical work shall be considered as included in the contract lump sum prices paid for items involved, and no separate payment shall be made therefore.

END OF SECTION
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SECTION 311000

SITE CLEARING

GENERAL

SECTION INCLUDES
A. Removal of existing trees and vegetation
B. Clearing vegetation, debris, trash and other materials within limits indicated C. Grubbing of vegetation within limits indicated
D. Stripping of topsoil within limits indicated
E. Removing above-grade site improvements within limits indicated F. Disconnecting, capping or sealing, and abandoning site utilities in place G. Disconnecting, capping or sealing, and removing site utilities H. Disposing of objectionable material

RELATED SECTIONS
A. Section 32 12 16, Asphalt Paving
B. Section 32 13 13, Concrete Pavement

RELATED DOCUMENTS
A. ANSI A300: Industry Standards for Tree Care Practices B. Applicable Publications

1. “Trees and Building Sites,” official publication of the International Society of Arboriculture.

2. “Arboriculture,” the care of trees and shrubs by Dr. Richard Harris.

DEFINITIONS
A. ANSI: American National Standards Institute
B. CAL-OSHA: California Occupational Safety and Health Administration C. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches in diameter; and free of weeds, roots, and other deleterious materials.

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SUBMITTALS
A. Follow submittal procedure outlined in Section 01 10 00, Supplemental General Requirements.

B. Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing.

QUALITY ASSURANCE
A. Do not remove or prune trees without first securing a permit from the appropriate agency.

B. Prune to the standards of the International Society of Arborists and to ANSI A300.

C. Adhere to Geotechnical recommendations.

PROJECT CONDITIONS
A. Except for materials indicated to be stockpiled or to remain the Owner’s property, cleared materials are the Contractor's property. Remove cleared materials from site and dispose of in lawful manner.

B. Salvageable Improvements: Carefully remove items indicated to be salvaged and store where indicated on plans or where designated by the Owner’s Representative. Avoid damaging materials designated for salvage.

C. Unidentified Materials;

1. If unidentified materials are discovered, including hazardous materials that will require additional removal other than is required by the Contract Documents, immediately report the discovery to the Owner’s Representative.

2. If necessary, the Owner’s Representative will arrange for any testing or analysis of the discovered materials and will provide instructions regarding the removal and disposal of the unidentified materials.

PRODUCTS

SOIL MATERIALS
A. Backfill excavations resulting from demolition operations with on-site or import materials conforming to engineered fill defined in Section 31 20 00, Earth Moving.

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Packet Pg. 254 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 311000 - 3 Site Clearing

EXECUTION

PREPARATION
A. Protect and maintain benchmarks and survey control points during construction.

B. Locate and clearly flag trees and vegetation to remain or to be relocated.

C. Protect existing site improvements to remain during construction.

TREE REMOVAL
A. Remove trees designated for removal prior to the construction of new improvements in the vicinity:

1. When demolishing trees indicated to be removed within areas for new pavement or hardscape, remove tree, stump to a depth of two (2) feet below finish grade, and all roots located in the top twelve (12) inches of soil. Remove wood chips created from grinding process down to remaining stump then refill void and re-compact to 80% relative compaction. Use import soil as indicated in specifications for this purpose. Import soil and compaction in future paved areas shall be in accordance with Section 32 12 16, Asphalt Paving and Section 32 13 13, Concrete Pavement.

2. When demolishing trees indicated to be removed within new landscaped areas, removal shall be done in one of the following ways:
a. For trees located in accessible areas, remove tree and grind stump to four (4) inches below finish grade. Backfill the void and re-compact to 80% relative compaction. Use import soil as indicated in specifications for this purpose. Do not remove existing roots.
b. For trees located in inaccessible areas, cut stump flush with finish grade, and cover with 3 inches of bark mulch. Do not grind the stump and do not remove existing roots.

B. Perform tree removal work in a safe and proper manner, adhering to CALOSHA tree work protection standards and ANSI A300 Standards.

C. All trees to be demolished shall be removed in such a way as to not damage branches, trunks, or root systems of adjacent trees.

RESTORATION
A. Restore damaged improvements to their original condition, as acceptable to the Owner’s Representative.

B. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations, as directed by the Owner’s Representative.

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Nov 2021 311000 - 4 Site Clearing

1. Employ a qualified arborist, licensed in jurisdiction where the Project is located, to submit details of proposed repairs and to repair damage to trees and shrubs.

2. Replace trees that cannot be repaired and restored to full-growth status, as determined by the Owner’s Representative.

UTILITIES
A. Locate, identify, disconnect, and seal or cap off utilities indicated to be removed or abandoned.

B. Arrange to shut off indicated utilities with utility companies or verify that utilities have been shut off.

C. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner’s Representative or others unless authorized in writing by the Owner’s representative, and then only after arranging to provide temporary utility services according to requirements indicated.

D. Coordinate utility interruptions with utility company affected.

E. Do not proceed with utility interruptions without the permission of the Owner’s Representative and utility company affected. Notify Owner’s Representative and utility company affected two working days prior to utility interruptions.

F. Excavate and remove underground utilities that are indicated to be removed.

G. Fill abandoned piping with cement slurry.

H. Securely close ends of abandoned piping with tight fitting plug or cement slurry minimum 6 inches thick.

CLEARING AND GRUBBING
A. Areas to be graded shall be cleared of existing vegetation, rubbish, existing structures, and debris.

B. Remove obstructions, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots.

C. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.

D. Use only hand methods for grubbing within drip line of remaining trees.

SITE STRIPPING
A. Strippings and spoils shall be disposed at an off-site location, per geotechnical recommendations.

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Packet Pg. 256 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 311000 - 5 Site Clearing
B. Remove vegetation before stripping soil.

C. Surface soils that contain organic matter should be stripped. In general, the depth of required stripping will be relatively shallow (i.e. less than 2 inches); deeper stripping and grubbing may be required to remove isolated concentrations of organic matter or roots.

D. Remove trash, debris, weeds, roots, and other waste materials.

E. Stockpile soil materials designated to remain on site at a location approved by the Owner’s Representative at a location away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust.

F. Do not stockpile soil within drip line of remaining trees.

SITE IMPROVEMENTS
A. Remove existing above- and below-grade improvements as indicated and as necessary to facilitate new construction.

BACKFILL
A. Place and compact material in excavations and depressions remaining after site clearing in accordance with Section 31 20 00, Earth Moving.

DISPOSAL
A. Remove surplus soil material, unsuitable soil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off the Owner’s property.

END OF SECTION
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Packet Pg. 257 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 312100 - 1 Utility Trenching & Backfill
SECTION 312100

UTILITY TRENCHING AND BACKFILL

GENERAL

SECTION INCLUDES
Excavation, bedding, and backfill for underground storm drain, sanitary sewer, and water piping, underground HVAC piping, electrical conduit, telephone conduit, gas piping, cable TV conduit, etc., and associated structures.

Provide labor, material, equipment, and services necessary to complete the backfilling and compacting as necessary for this project. Section includes, but is not limited to:

1. Select Backfill Material

2. Aggregate Base

3. Detectable Tape

4. Trench Excavation

5. Pipe Bedding

6. Trench Backfill

7. Trench Surfacing
This section excludes drainage fill material and placement around subdrains.

RELATED SECTIONS
Section 31 10 00 – Site Clearing
Section 33 30 00 – Sanitary Sewer System

RELATED DOCUMENTS
ASTM

1. D979: Standard Practice for Sampling Bituminous Paving Mixtures

2. D1188: Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Coated Samples

3. D2041: Standard Test Method for Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures

4. D2726: Standard Test Method for Bulk Specific Gravity and Density of Non-Absorptive Compacted Bituminous Mixtures

5. D2950: Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods

6. D3549: Standard Test Method for Thickness or Height of Compacted Bituminous Paving Mixture Specimens.

Caltrans Standard Specifications, 2018

1. Section 20: Landscape

2. Section 39: Asphalt Concrete

3. Section 92: Asphalt Binder

4. Section 94: Asphaltic Emulsions

5. Section 96: Geosynthetics
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Packet Pg. 276 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 321216 - 2 Asphalt Paving

DEFINITIONS
ASTM: American Society for Testing Materials.

Caltrans: State of California, Department of Transportation

QUALITY ASSURANCE
Testing Agency: Owner’s Representative will engage a qualified independent testing agency to perform field inspections and tests and to prepare test reports.

1. Testing agency will conduct and interpret tests and state in each report whether tested work complies with or deviates from specified requirements.

Additional testing, at Contractor's expense, will be performed to determine compliance of corrected Work with specified requirements.

Thickness of hot mix asphalt: In-place compacted thickness of asphalt courses will be determined according to ASTM D3549.

Surface Smoothness: Finished surface of each asphalt course will be tested for compliance with smoothness tolerances.

In-Place Density: Samples of uncompacted paving mixtures and compacted pavement will be secured by testing agency according to ASTM D979.

1. Reference maximum theoretical density will be determined by averaging results from 4 samples of hot-mix asphalt-paving mixture delivered daily to site, prepared according to ASTM D2041, and compacted according to job-mix specifications.

2. In-place density of compacted pavement may be determined by testing core samples according to ASTM D1188 or ASTM D2726.
a. One core sample may be taken for every 1000 square yard or less of installed pavement, but in no case will fewer than 3 cores be taken.
b. Field density of in-place compacted pavement may also be determined by nuclear method according to ASTM D2950 and correlated with ASTM D1188 or ASTM D2726.

SUBMITTALS
Follow submittal procedure outlined in Section 01 10 00, Supplemental General Requirements.

Job-Mix Designs: Certificates signed by manufacturers certifying that each hot mix asphalt mix complies with requirements.

Material Certificates: Certificates signed by manufacturers certifying that each material complies with requirements.

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Nov 2021 321216 - 3 Asphalt Paving

PROJECT CONDITIONS
Environmental Limitations:

1. Tack Coat: Minimum surface temperature of 60 F at application.

2. Asphalt Base Course: Minimum surface temperature of 40 F and rising at application.

3. Asphalt Surface Course: Minimum surface temperature of 60 F at application.

4. Reinforcing Fabric: Air temperature is 50 F and rising and pavement temperature is 40 F and rising.

PRODUCTS

HOT MIX ASPHALT
Type A In accordance with Caltrans Standard Specifications Section 39-2, Hot Mix Asphalt.

Hot Mix Asphalt Materials:

1. Asphalt Binder: Grade PG 64-10 in accordance with Caltrans Standard Specification Section 92, Asphalt Binders.

2. Tack Coat: Grade SS1 in accordance with Caltrans Standard Specification Section 94, Asphaltic Emulsions.

Aggregates: 1 inch max gradation for virgin aggregate and recycled asphalt pavement (RAP) in accordance with to Caltrans Standard Specification Section 39-2.02, Type A Hot Mix Asphalt.

Geosynthetic Pavement Interlayer: Paving Fabric in accordance with Caltrans Standard Specification Section 96, Geosynthetics.

Soil Sterilant: In accordance with Caltrans Standard Specifications Section 20-

5.03, Inert Ground Covers and Mulches.

EXECUTION

EXAMINATION
Verify that subgrade is dry and in suitable condition to support paving and imposed loads.

Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require further compaction.

If necessary, perform subgrade preparation or remediation in accordance with Section 31 20 00, Earth Moving.

Notify Owner in writing of any unsatisfactory conditions. Do not begin paving until these conditions have been satisfactorily corrected.

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Packet Pg. 278 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 321216 - 4 Asphalt Paving

PAVEMENT GRINDING
Clean existing paving surface of loose or deleterious material immediately before pavement grinding.

Grind conforms as indicated.

SOIL STERILANT
Furnish and apply to areas per manufacturer’s specifications.

SURFACE PREPARATION FOR AGGREGATE BASE MATERIALS
General: Immediately before placing asphalt materials remove loose and deleterious material from substrate surfaces and ensure that prepared subgrade is ready to receive paving in accordance with Caltrans Standard Specification Section 39-2.01C(3)(b) and in accordance with Section 32 11 00, Pavement Base Course.

Tack Coat: Apply uniformly and at specified rates between HMA layers, to vertical surfaces of curbs, gutters and construction joints, and to existing pavement, including planed surfaces, in accordance with Caltrans Standard Specification Section 39-2.01C(3)(f).

1. Allow tack coat to cure undisturbed before paving.

2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces.

SURFACE PREPARATION FOR PAVEMENT AT HOT MIX ASPHALT OVERLAYS Pavement Irregularities: Level with hot mix asphalt, Type A, ½ inch max aggregate.

Pavement Cracks:

1. Less than ¼ inch wide: Clean of all dirt by compressed air jet, spray and seal with RS-1 asphaltic emulsion.

2. Wider than ¼ inch: Clean of all dirt by compressed air jet, spray and seal with RS-1 asphaltic emulsion and skin patch.

Clean surface of all material, such as leaves, dirt, sand, gravel, water and vegetation prior to applying binder of paving asphalt to existing surface.

GEOSYNTHETIC PAVEMENT INTERLAYER
Place geosynthetic pavement interlayer in accordance with Caltrans Standard Specification Section 39-2.01C(3)g.

HOT MIX ASPHALT SPREADING AND COMPACTING EQUIPMENT
Provide spreading and compacting equipment in accordance with Caltrans Standard Specification Section 39-2.01C(2).

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Nov 2021 321216 - 5 Asphalt Paving

HOT MIX ASPHALT PLACEMENT
Place, spread and compact hot mix asphalt to required grade, cross section, and thickness in accordance with Caltrans Standard Specification Sections 39-

2.01C(2), 39-2.01C(3), and 39-2.01C(8).

Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots. Fill depressions with hot asphalt to prevent segregation of mix; use suitable hand tools to smooth surface.

JOINTS
Construct joints to ensure continuous bond between adjoining paving sections in accordance with Caltrans Standard Specification Sections 39-2.01C(4)

1. Construct joints free of depressions with same texture and smoothness as other sections of asphalt course.

2. Clean contact surfaces and apply tack coat.

3. Offset longitudinal joints in successive courses a minimum of 6 inches.

4. Offset transverse joints in successive courses a minimum of 24 inches.

5. Compact joints as soon as hot mix asphalt will bear roller weight without excessive displacement.

COMPACTION
General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact in accordance with Caltrans Standard Specification Sections 39-2.01C(2).

Compaction Requirements: Average Density to be 92 percent of reference maximum theoretical density according to ASTM D2041, but not less than 90 percent nor greater than 96 percent.

Finish Rolling: Finish roll paved surfaces to remove roller marks while asphalt is still warm.

Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while still hot, with back of rake or smooth iron. Compact thoroughly using tamper or other satisfactory method.

Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fresh asphalt. Compact by rolling to specified density and surface smoothness.

Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.

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Nov 2021 321216 - 6 Asphalt Paving

HOT MIX ASPHALT CURBS AND DIKES
Construction: Place over compacted surfaces in accordance with Caltrans Standard Specification Section 39-2.01C(9). Apply a light tack coat prior to construction, unless pavement surface is still tacky and free of dust.

Shape: Place hot mix asphalt to curb cross section indicated.

SPEED BUMPS
Construct speed bumps over compacted pavement surfaces in accordance with Caltrans Standard Specification Section 39-2. Apply a light tack coat prior to construction, unless pavement surface is still tacky and free of dust.

Place asphalt concrete by hand using a template/screed designed to result in speed bump cross-section indicated after compaction.

Compact speed bumps with 8 ton static roller.

ADJUSTING MANHOLES, VALVES, MONUMENT COVERS AND OTHER

STRUCTURES TO GRADE
Remove pavement, using vertical cuts, as needed to remove frame and provide for concrete collar. Do not damage adjacent pavement.

1. Circular Covers: Cut circle with radius 6 inches larger than cover and concentric with cover.

2. Rectangular Covers: Cut rectangle 6 inches larger than cover on all sides.

Install grade rings or blocking as needed to raise cover to finish grade.

Pour concrete collar:

1. Bottom of Collar: Top of existing collar or 6 inches below top of proposed collar, whichever is at a higher elevation.

2. Top of Collar: Bottom of existing asphalt pavement.

3. Apply tack coat to all exposed surfaces.

4. Fill excavation with hot mix asphalt and, while still hot, compact flush with adjacent surface.

INSTALLATION TOLERANCES
Hot Mix Asphalt Pavement:

1. Course thickness and surface smoothness shall be in accordance with Caltrans Standard Specification Section 39-2.01A(4)(i)(iii)

2. Total Thickness: Not less than indicated.

Trench Patch:

1. Compacted surface: Within 0.01 foot of adjacent pavement.

2. Do not create ponding.

Adjust Covers:

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Nov 2021 321216 - 7 Asphalt Paving

1. Compacted surface: Up to 0.01 foot higher, and no lower, than adjacent pavement.

2. Do not create ponding.

END OF SECTION
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Packet Pg. 282 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 321313 - 1 Concrete Pavement
SECTION 321313

CONCRETE PAVEMENT

GENERAL

SECTION INCLUDES
A. Furnishing, placing, spreading, compacting and shaping portland cement concrete pavement with undoweled transverse weakened plane joints, for vehicular traffic.

B. Form construction and use in placing portland cement concrete pavement.

C. Joints for portland cement concrete pavement.

D. Finishing portland cement concrete pavement.

E. Curing and protecting portland cement concrete pavement.

RELATED SECTIONS
A. 32 11 00, Pavement Base Course

RELATED DOCUMENTS
A. AASHTO Standard Specifications

1. T132: Standard Method of Test for Tensile Strength of Hydraulic Cement Mortars
B. ASTM Standards

1. D36: Standard Test Method for Softening Point of Bitumen (Ring-andBall Apparatus)

2. A615: Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement.

3. A706: Standard Specification for Deformed and Plain Low-Alloy Steel Bars for Concrete Reinforcement.

4. A775: Standard Specification for Epoxy Coated Steel Reinforcing Bars.

5. A934: Standard Specification for Epoxy-Coated Prefabricated Steel Reinforcing Bars.

6. A996: Standard Specification for Rail-Steel and Axle-Steel Deformed Bars for Concrete Reinforcement

7. C94: Standard Specification for Ready-Mixed Concrete C.11.b
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8. C603: Standard Test Method for Extrusion Rate and Application Life of Elastomeric Sealants

9. C639: Standard Test Method for Rheological (Flow) Properties of Elastomeric Sealants

10. C661: Standard Test Method for Indentation Hardness of ElastomericType Sealants by Means of a Durometer

11. C679: ASTM C679-15 Standard Test Method for Tack-Free Time of Elastomeric Sealants

12. C719: Standard Test Method for Adhesion and Cohesion of Elastomeric Joint Sealants Under Cyclic Movement (Hockman Cycle)

13. C793: Standard Test Method for Effects of Laboratory Accelerated Weathering on Elastomeric Joint Sealants

14. C881: Standard Specification for Epoxy-Resin-Base Bonding Systems for Concrete.

15. D412: Standard Test Methods for Vulcanized Rubber and Thermoplastic Elastomers—Tension

16. D1640: Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings

17. D2628: Standard Specification for Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements.

18. D2835: Standard Specification for Lubricant for Installation of Preformed Compression Seals in Concrete Pavements.

19. D3963: Standard Specification for Fabrication and Jobsite Handling of Epoxy-Coated Steel Reinforcing Bars.

20. D6690: Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements.

C. Caltrans Standard Specifications, 2018

1. Section 10, General

2. Section 40, Concrete Pavement

3. Section 52, Reinforcement

4. Section 95, Epoxy
D. Caltrans Standard Plans:

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Packet Pg. 284 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
Nov 2021 321313 - 3 Concrete Pavement

1. Plan P1: Jointed Plan Concrete Pavement – New Construction

2. Plan P10: Concrete Pavement Dowel Bar Details

DEFINITIONS
A. AASHTO: American Association of State Highway and Transportation Officials B. ASTM: American Society for Testing and Materials
C. Caltrans: State of California, Department of Transportation

QUALITY ASSURANCE
A. Testing Agency: Owner’s Representative will engage a qualified independent testing agency to perform field inspections and tests and to prepare test reports.

1. Testing agency will conduct and interpret tests and state in each report whether tested work complies with or deviates from specified requirements.

B. Additional testing, at Contractor's expense, will be performed to determine compliance of corrected Work with specified requirements.

C. Manufacturer Qualifications: Manufacturer of ready-mixed concrete products complying with ASTM C94 requirements for production facilities and equipment.

D. Installer Qualification: An experienced installer who has completed pavement work similar in material, design and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance.

E. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer’s plant and each aggregate from one source.

SUBMITTALS
A. Follow submittal procedure outlined in Section 01 10 00, Supplemental General Requirements.

B. Design Mixes: For each concrete pavement mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results or other circumstances warrant adjustments.

C. Material Certificates: Signed by manufacturers certifying that each of the following materials complies with requirements.

1. Cementitious materials and aggregates
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2. Steel reinforcement and reinforcement accessories

3. Admixtures

4. Curing compound

5. Applied finish material

6. Bonding agent of adhesive

7. Joint filler

8. Joint Sealant

9. Tie Bars

10. Epoxy

11. Backer Rods

PRODUCTS

PORTLAND CEMENT CONCRETE
A. General: Type II or Type V cement conforming to the requirements of ASTM C150. Contractor may substitute pozzolan for portland cement in amounts up to 15% of the required mix unless high early strength concrete is specified.

Pozzolan shall consist of Class F Fly Ash meeting the requirements of ASTM C618.

B. In accordance with Section 32 11 00, Pavement Base Course.

TIE BARS
A. Deformed reinforcing steel bars conforming to the requirements of ASTM Designation A615, Grade 40 or 60
B. Epoxy-coat in accordance with Caltrans Standard Specification Section 52-

2.02, Epoxy-Coated Reinforcement, except bars must comply with ASTM A706; ASTM A996; or ASTM A615, Grade 40 or 60.

C. Do not bend tie bars.

EPOXY
A. Bond tie bars to existing concrete with epoxy resin in accordance with Caltrans Standard Specification Section 95-1.02D, Epoxy Adhesive for Bonding Freshly Mixed Concrete to Hardened Concrete.

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SILICONE JOINT SEALANT
A. Furnish low modulus silicone joint sealant in a one-part silicone formulation.

Do not use acid cure sealants. Compound to be compatible with the surface to which it is applied and conform to the following requirements:

Specification Test Method Requirement
Tensile stress, 150% elongation, 7-day cure at
77°± 1°F and 45% to 55% Relative Humidity
ASTM D412
(Die C)
45 psi max.

Flow at 77° ± 1°F ASTM
C639a
Shall not flow from
channel
Extrusion Rate at 77° ± 1°F ASTM
C603b
75-250 g per min.

Specific Gravity ASTM D792
Method A

1.01 to 1.51
Durometer Hardness, at 0°F, Shore A, cured 7 days
at 77° ± 1°F
ASTM C661 10 to 25
Ozone and Ultraviolet Resistance, after 5000 hours ASTM C793 No chalking, cracking or bond loss
Tack free at 77° ± 1°F and 45% to 55% Relative
Humidity
ASTM C679 Less than 75 minutes
Elongation, 7 day cure at 77° ± 1°F and 45% to 55%
Relative Humidity
ASTM D412
(Die C)
500 percent min.

Set to Touch, at 77° ± 1°F and 45% to 55% Relative
Humidity
ASTM
D1640
Less than 75 minutes
Shelf Life, from date of shipment — 6 months min.

Bond, to concrete mortar-concrete briquets, air cured
7 days at 77° ± 1°F
AASHTO
T132c 50 psi min.

Movement Capability and Adhesion, 100% extension
at 0°F after air cured 7 days at 77° ± 1°F, and
followed by 7 days in water at 77° ± 1°F
ASTM
C719d
No adhesive or
cohesive failure after 5
cycles
Notes:
a. ASTM Designation: C639 Modified (15 percent slope channel A). b. ASTM Designation: C603, through 1/8 inches opening at 50 psi. c. Mold briquets in conformance with the requirements in AASHTO Designation: T132, sawed in half and bonded with a 1/16 inches maximum thickness of sealant and tested in conformance with the requirements in AASHTO Designation: T132. Briquets shall be dried to constant mass at 212 ± 10°F.
d. Movement Capability and Adhesion: Prepare 12 inch x 1 inch x 3 inch concrete blocks in conformance with the requirements in ASTM Designation: C719. A sawed face shall be used for bond surface. Seal 2 inch of block leaving ½ inches on each end of specimen unsealed. The depth of sealant shall be 3/8 inches and the width ½ inches.

B. Formulate the silicon joint sealant to cure rapidly enough to prevent flow after application on grades of up to 15 percent.

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C. Furnish to the Owner’s Representative a Certificate of Compliance.

Accompany certificate with a certified test report of the results of the required tests performed on the sealant material within the previous 12 months prior to proposed use. Provide the certificate and accompanying test report for each lot of silicone joint sealant prior to use on the project.

ASPHALT RUBBER JOINT SEALANT
A. Conform to the requirements of ASTM Designation: D6690 as modified herein or to the following:

1. Provide a mixture of paving asphalt and ground rubber. Ground rubber to be vulcanized or a combination of vulcanized and de-vulcanized materials ground so that 100 percent will pass a No. 08 sieve and contain not less than 22 percent ground rubber, by mass. Modifiers may be used to facilitate blending.

2. The Ring and Ball softening point shall be 135°F minimum, when tested in conformance with the requirements in ASTM D36.

3. Provide asphalt rubber sealant material capable of being melted and applied to cracks and joints at temperatures below 400°F.

B. The penetration requirements of Section 4.2 of ASTM Designation: D6690 do not apply. The required penetration at 77˚F, 5 oz, 5s, shall not exceed 120.

C. The resilience requirements of Section 4.5 of ASTM Designation: D6690 do not apply. The required resilience, when tested at 77°F, shall have a minimum of 50 percent recovery.

D. Accompany each lot of asphalt rubber joint sealant shipped to the job site, whether as specified herein or conforming to the requirements of ASTM Designation D6690, as modified herein, by a Certificate of Compliance, storage and heating instructions and precautionary instructions for use.

E. Heat and place in conformance with the manufacturer's written instructions and the details shown on the Plans. Provide manufacturer's instructions to the Owner’s Representative. Do not place when the pavement surface temperature is below 50 ˚F.

PREFORMED COMPRESSION JOINT SEALANT
A. Material: ASTM Designation: D2628.

1. Number of cells: 5 or 6.

2. Lubricant Adhesive: ASTM Designation D2835.

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3. Install compression seals along with lubricant adhesive according to the manufacturer's recommendations. Submit manufacturer's
recommendations to the Owner’s Representative`.

B. Accompany each lot of compression seal and lubricant adhesive by a Certificate of Compliance, storage instructions and precautionary instructions for use. Also submit the manufacturer's data sheet with installation instructions and recommended model or type of preformed compression seal for the joint size and depth as shown on the Plans. Show evidence that the selected seal is being compressed at level between 20 and 50 percent at all times for the joint width and depth shown on the Plans.

BACKER RODS
A. Provide backer rods that have a diameter prior to placement at least 25 percent greater than the width of the saw cut after sawing and are expanded, crosslinked, closed-cell polyethylene foam that is compatible with the joint sealant so that no bond, adverse reaction occurs between the rod and sealant.

In no case use a hot pour sealant that will melt the backer rod. Submit a manufacturer's data sheet verifying that the backer rod is compatible with the sealant to be used.

SLIP RESISTIVE AGGREGATE FINISH
A. Factory-graded, packaged, rustproof, nonglazing, abrasive aggregate of fused aluminum-oxide granules or crushed emery aggregate containing not less than 50 percent aluminum oxide and not less than 20 percent ferric oxide; unaffected by freezing, moisture, and cleaning materials.

EXECUTION

WATER SUPPLY
A. Provide water supply in accordance with Caltrans Standard Specification Section 10-6, Watering.

SUBGRADE
A. Prepare subgrade in accordance with Caltrans Standard Specification Section 40-1.03F, Placing Concrete.

SOIL STERILANT
A. Furnish and apply to areas indicated in accordance with Section 31 20 00, Earth Moving.

PLACING
A. Prepare concrete in accordance with Caltrans Standard Specification Section 40-1.03F, Placing Concrete.

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SPREADING COMPACTING AND SHAPING
A. Conform to the following:

1. Stationary Side Form Construction: In accordance with Caltrans Standard Specification Section 40-1.03F(4), Stationary Side-Form Construction.

2. Slip Form Construction: In accordance with Caltrans Standard Specification Section 40-1.03F(4), Slip Form Construction.

INSTALLING TIE BARS
A. Install at longitudinal contact joints, longitudinal weakened plane joints, and transverse contact joints as shown on the Plans. In no case, shall any consecutive width of new portland cement concrete pavement tied together with tie bars exceed 50 feet. In no case shall tie bars be used at a joint where portland cement concrete and asphalt concrete pavements abut.

B. Tie bars shall be installed at longitudinal joints by one of the 3 following methods:

1. Drilling and bonding in conformance with the details shown on the Plans. Provide a two-component, epoxy-resin, conforming to the requirements of ASTM Designation: C881, Type V. Grade 3 (NonSagging), Class shall be as follows:

Temperature of Concrete Required Class of Epoxy
Resin
Lower than 40° F A
40˚ F through 60˚ F B
Above 60˚ F C

2. Provide, at least 7 days prior to start of work, a Certificate of compliance and a copy of the manufacturer's recommended installation procedure.

The drilled holes shall be cleaned in accordance with the epoxy manufacturer's instructions and shall be dry at the time of placing the epoxy and tie bars. Immediately after inserting the tie bars into the epoxy, the tie bars shall be supported as necessary to prevent movement during the curing and shall remain undisturbed until the epoxy has cured a minimum time as specified by the manufacturer. Tie bars that are improperly bonded, as determined by the Owner’s Representative, will be rejected. If rejected, adjacent new holes shall be drilled, as directed by the Owner’s Representative, and new tie bars shall be placed and securely bonded to the concrete. All work necessary to correct improperly bonded tie bars shall be performed at the Contractor's expense.

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3. Insert the tie bars into the plastic slip-formed concrete before finishing the concrete. Inserted tie bars shall have full contact between the bar and the concrete. When tie bars are inserted through the pavement surface, the concrete over the tie bars shall be reworked and refinished to such an extent that there is no evidence on the surface of the completed pavement that there has been any insertion performed. Any loose tie bars shall be replaced by drilling and grouting into place with epoxy as described in method 1 above at the Contractor's expense.

4. By using threaded dowel splice couplers fabricated from deformed bar reinforcement material, free of external welding or machining.

Threaded dowel splice couplers shall be accompanied by a Certificate of Compliance and installation instructions. Installation of threaded dowel splice couplers shall conform to the requirements of the manufacturer's recommendations.

JOINTS
A. Construct joints in accordance with Caltrans Standard Specification Section 40-1.03B, Joints, except that tie bars shall be as specified under Part 1, Materials.

1. Construction Joints: In accordance with Caltrans Standard Specification Section 40-1.03B(2), Construction Joints. a. Construct a construction joint at the end of each day's work, or where concrete placement is interrupted for more than 30 minutes, to coincide with the next weakened plane joint location. b. If sufficient concrete has not been mixed to form a slab to match the next contraction joint, when an interruption occurs, the excess concrete shall be removed and disposed of back to the last preceding joint. The cost of removing and disposing of any excess concrete shall be at the Contractor's expense. Any excess material shall be become the property of the Contractor and shall be properly disposed of.
c. A metal or wooden bulkhead (header) shall be used to form the joint. The bulkhead shall be designed to accommodate the installation of tie bars.

2. Contraction Joints: In accordance with Caltrans Standard Specification Section 40-1.03B (3), Contraction Joints, except that the insert method of forming joints in pavement shall not be used.

FINISHING
A. Finish concrete in accordance with Caltrans Standard Specification Section 40-

1.03H, Finishing.

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B. Slip-Resistive Aggregate Finish: Before final floating, spread slip-resistive aggregate finish on paving surface according to manufacturer's written instructions and as follows:

1. Uniformly spread of dampened, slip-resistive aggregate over paving surface in two applications. Tamp aggregate flush with surface using a steel trowel, but do not force below surface.

2. Uniformly distribute approximately two-thirds of slip-resistive aggregate over paving surface with mechanical spreader, allow to absorb moisture, and embed by power floating. Follow power floating with a second slip-resistive aggregate application, uniformly distributing remainder of material at right angles to first application to ensure uniform coverage, and embed by power floating.

CURING
A. Cure concrete in accordance with Caltrans Standard Specification Section 40-

1.03I, Curing.

SEALING JOINTS
A. Liquid Joint Sealant Installation.

1. The joint sealant detail for transverse and longitudinal joints, as shown on the Plans, shall apply only to weakened plane joints. Construct weakened plane joints by the sawing method. Should grinding or grooving be required over or adjacent to any joint after sealant has been placed, completely remove the joint material and disposed of, and replace at the Contractor's expense. Recess sealant below the final finished surface as shown on the Plans.

2. At the Contractor's option, transverse weakened plane joints shall be either Type DSC or Type SSC as shown on the Plans. Longitudinal weakened plane joints shall be Type SSC only as shown on the Plans.

3. Seven days after the concrete pavement placement and not more than 4 hours before placing backer rods and joint sealant materials, clean the joint walls by the dry sand blast method and other means as necessary to completely remove from the joint all objectionable material such as soil, asphalt, curing compound, paint and rust. After cleaning the joint, remove all traces of sand, dust and loose material from and near the joint for a distance along the pavement surfaces of at least 2 inch on each side of the joint by the use of a vacuum device. Remove surface moisture at the joints by means of compressed air or moderate hot compressed air or other means approved means. Do not use drying procedures that leave a residue or film on the joint wall. Sandblasting equipment shall have a maximum nozzle diameter size of 1/4 + 1/32 inches and a minimum pressure of 90-psi.

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4. Install backer rod as shown on the Plans. Provide an expanded, closed-cell polyethylene foam backer rod that is compatible with the joint sealant so that no bond or adverse reaction occurs between the rod and sealant. Install backer rod when the temperature of the portland cement concrete pavement is above the dew point of the air and when the air temperature is 40°F or above. Install backer rod when the joints to be sealed have been properly patched, cleaned and dried.

Do not use a method of placing backer rod that leave a residue or film on the joint walls.

5. Immediately after placement of the backer rod, place the joint sealant in the clean, dry, prepared joints as shown on the Plans. Apply the joint sealant by a mechanical device with a nozzle shaped to fit inside the joint to introduce the sealant from inside the joint. Apply adequate pressure to the sealant to ensure that the sealant material is extruded evenly and that full continuous contact is made with the joint walls.

After application of the sealant recess the surface of the sealant as shown on the Plans.

6. Any failure of the joint material in either adhesion or cohesion of the material will be cause for rejection of the joint. Conform the finished surface of joint sealant to the dimensions and allowable tolerances shown on the Plans. Rejected joint materials or joint material whose finished surface does not conform to the dimensions shown on the Plans shall be repaired or replaced, at the Contractor's expense, with joint material that conforms to the requirements.

7. After each joint is sealed, remove all surplus joint sealer on the pavement surface. Traffic shall not be permitted over the sealed joints until the sealant is tack free and set sufficiently to prevent embedment of roadway debris into the sealant.

B. Preformed Compression Joint Seal Installation

1. The compression seal alternative joint detail for transverse and longitudinal joints, as shown on the Plans, shall apply only to weakened plane joints. Construct weakened plane joints by the sawing method.

Should grinding or grooving be required over or adjacent to any joint after the compression seal has been placed, completely remove the joint materials and disposed of, and replace at the Contractor's expense. Compression seal shall be recessed below the final finished surface as shown on the Plans.

3. Seven days after the concrete pavement placement and not more than 4 hours before placing preformed compression joint seals, clean the joint walls by the dry sand blast method and other means as necessary C.11.b
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to completely remove from the joint all objectionable material such as soil, asphalt, curing compound, paint and rust. After cleaning the joint, remove all traces of sand, dust and loose material from and near the joint for a distance along the pavement surfaces of at least 50 mm on each side of the joint by the use of a vacuum device. Remove surface moisture at the joints by means of compressed air or moderate hot compressed air or other means. Do not use drying procedures that leave a residue or film on the joint wall. Sandblasting equipment shall have a maximum nozzle diameter size of 1/4 + 1/32 inches and a minimum pressure of 90 psi.

PROTECTING CONCRETE PAVEMENT
A. Protect pavement in accordance with Caltrans Standard Specification Section 40-1.03J Protecting Concrete Pavement.

END OF SECTION
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DIVISION 32 – EXTERIOR IMPROVEMENTS
SECTION 32 84 00

IRRIGATION SYSTEM
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. The General and Supplementary Conditions and General Requirements apply to the work herein specified.

1.02 DESCRIPTION
A. Contractor shall furnish all labor, tools, equipment, product, materials and transportation and perform all operations necessary to properly execute and complete all work in accordance with the Drawings and these Specifications. The intent is to accomplish the work of installing an irrigation system, which will operate in an optimum manner. This intention is to be met foregoing any deficiency in setting a complete detailed description of the work to be done.

B. Related Work Specified Elsewhere:

1. Section 32 90 00: Landscape Planting

2. Division 16: Electrical

1.03 QUALITY ASSURANCE
A. Reference Standards:

1. ASTM: American Society for Testing and Materials
a. D1785: Standard Specification for polyvinyl chloride (PVC) plastic pipe, Class 200, Class 315.
b. D2446: Standard Specification for polyvinyl chloride (PVC) plastic pipe fittings, Schedule 40 and Schedule 80.

2. NSF: National Sanitation Foundation
B. Drawings:

1. For purposes of clarity and legibility, drawings are essentially diagrammatic to the extent that many offsets, bend, unions, special fittings, and exact locations of items are not indicated, unless specifically dimensioned.

2. Exact routing of piping, etc., shall be governed by structural conditions, obstructions.

Contractor shall make use of data in Contract Documents.

3. The contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade difference or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be brought to the attention of the irrigation consultant. In Nov
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the event this notification is not performed, the contractor shall assume full responsibility for any revision necessary.

1.04 VISIT TO THE SITE
A. The contractor shall visit the construction site and shall take all measurements and obtain any other information as may be necessary for a complete and conclusive bid.

1.05 SUBMITTALS
A. Substitutions: Prior to installation, any proposed substitution from the plans or these specifications is to be forwarded, in writing, to the irrigation consultant for approval.

B. Record Drawings: Provide record drawings as follows:

1. The contractor shall maintain in good order in the field office one complete set of prints of all sprinkler drawings, which form a part of this contract. In the event any work is not installed as indicated on the drawings, such work shall be indicated and dimensioned accurately on record drawings as changes occur. Dimension from two permanent points of reference, building corner, sidewalk, road intersections, etc., the location of the following items.
a. Connection to existing water lines
b. Connection of existing electrical power
c. Routing of pressure lines (dimension max. 100 feet lone along routing) d. Electrical control valves
e. Routing of control wires
f. Quick-coupling valves
g. Underground stub-outs
h. Other related equipment as directed by the irrigation consultant

2. Upon completion of the work, obtain reproducible mylar from the landscape architect and neatly correct the plans (to be done by a competent draftsperson) to show the as-built conditions. After the as-builts are reviewed and approved by the irrigation consultant, obtain reduced copies of "as-built" mylar (11" x 17" sheets or to the smallest readable size that will fit into controller), and laminate with weather proofing coating as specified below to be used as controller charts.

C. Controller Charts: The Contractor shall provide color coded controller charts, one (1) for each controller, reduced in size from original drawings and containing the same plan information as as-built drawings which shall be placed on the inside face of each controller enclosure door.

Record as-built drawings from which the charts are to be made shall be approved by the Engineer prior to preparing the charts.

Each chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow. Items on the controller chart shall include:

1. Connection to existing water lines.

2. Routing of pressure lines.

3. Routing of control valves.

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4. Locations of remote control valves, gate valves, and quick coupling valves.

5. Other related equipment as directed by the Project Engineer.

The chart shall be a reduced drawing of the actual as-built system. However, in the event the controller sequence is not legible when the drawing is reduced, irrigation symbols shall be enlarged to a size that will be readable when reduced.

The chart shall be a black line or blue line ozalid print, and a different color shall be used to indicate the area of coverage for each station.

When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 10 mils.

These charts shall be completed and approved prior to final inspection of the irrigation system.

After the system has been completed, the Contractor shall instruct the Engineer in the operation and maintenance of the system and shall furnish a complete set of operating instructions prior to final acceptance.

D. Operation and Maintenance Manuals:

1. Prior to the final inspection of the irrigation system, furnish two (2) individually bound Service Manuals to the owner. The manuals shall contain the following:
a. Index sheet indicating the contractor's name, address, and phone number. b. A copy of the completed guarantee-following the form in these specifications. c. Certificate of insurance verifying coverage for completed operations. d. List of equipment with names, addresses and telephone numbers of all local manufacturers’ representatives.
e. Copies of equipment warranties and certificates.
f. Complete operating and maintenance instructions of all equipment including exploded drawings and spare parts list.

2. Provide instruction in operation of system to owner's personnel.

E. Hardware Items:

1. Two (2) sets of matching Q.C.V. keys and hose swivels.

2. Two (2) keys to each controller box.

3. Two (2) sets of any special tool required for the maintenance of each type of component used in the sprinkler system.

1.06 PROJECT COORDINATION
A. Sequencing and Scheduling: Coordinate irrigation installation work with the installation of other site improvements, including utility installation work and landscape installation.

B. Environmental Conditions: Site work such as trenching and backfilling shall not be performed during wet, muddy or frozen conditions.

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C. Rules and Regulations: All work and materials shall be in full accordance with the latest rules and regulations of the National Electric Code; the Uniform Plumbing Code and other applicable state or local laws or regulations. Nothing in these drawings or specifications is to be construed to permit work not conforming to these codes.

1. The contractor shall furnish any additional material and labor required to comply with these rules and regulations, though the work is not mentioned in these particular specifications or shown on the drawings.

2. When the specifications call for materials or construction of a better quality or larger size than required by the above mentioned rules and regulations, the provision of the specifications shall take precedence over the requirements of the said rules and regulations.

D. Safety:

1. The contractor shall erect and maintain barricades, guards, warning signs, and lights as required for the protection of the public and workmen.

2. All work shall be performed in a safe manner. All regulations, all OSHA requirements and other authoritative agencies shall be followed.

3. Prior to commencement of work, locate all underground utilities so that proper precautions may be taken not to damage such improvements.

E. Maintaining Traffic: It is the responsibility of the contractor to ensure adequate protection and controls for pedestrian and vehicular traffic in the vicinity of the project areas. The contractor shall provide all signs, barricades, flagmen, etc., necessary to meet all traffic requirements for this project at his own expense.

F. Permits and Fees: The contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the work and arrange for inspections specified by local ordinances during the course of construction as necessary.

PART 2 - PRODUCTS

2.01 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Handling of pipe and fittings: The contractor is cautioned to exercise care in handling, loading, unloading, and storing of pipe and fittings. Cracks can occur from sudden impact. Protect all plastic products from excessive exposure to sunlight. Any section of pipe that has been dented or damaged shall be removed from the site and, if installed, shall be replaced with new undamaged piping.

2.02 MATERIALS
A. PVC Pressure main line piping and fittings:

1. Pressure main line piping: 2 ½” and larger: Class 315 PVC pipe. 2” and smaller: 1120- Schedule 40 PVC plastic pipe. Fittings shall be Schedule 40 PVC solvent weld.

2. Pipe shall be made from NSF approved, Type 1, Grade 1 PVC compound conforming ASTM D1784. All pipe shall meet requirements set forth in ASTM D2441 with an appropriate standard dimension ratio.

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3. All PVC pipe shall bear the following markings:
a. Manufacturer’s name
b. Nominal pipe size
c. Schedule or class
d. Pressure rating in PSI
e. NSF
f. Date of extrusion

4. All fittings shall bear the manufacturer’s name or trademark, material designation, size, applicable I.P.D. schedule and NSF seal of approval.

B. PVC non-pressure lateral line piping and fittings:

1. Non-pressure buried lateral line piping shall be PVC 1120 Class 200 with Schedule 40 PVC solvent-weld fittings.

2. Pipe shall be made from NSF approved, Type 1, Grade 1 PVC compound conforming to ASTM D1784. All pipe shall meet requirements set forth in ASTM D2441 with an appropriate standard dimension ratio.

3. Except as heretofore specified, all requirements for non-pressure lateral line pipe and fittings shall be the same as for solvent-weld pressure main line pipe and fittings as specified.

C. Sleeving and Conduit: Material shall be polyvinyl chloride (PVC) Schedule 40, type 1120/1220 with solvent weld.

D. Galvanized steel pipe shall be Schedule 40; ASTM (A120) and steel fittings shall be Schedule 40 hot dipped, double banded malleable steel.

E. PVC Schedule 80 nipples shall be used with molded threads. Machined threaded nipples will not be allowed.

F. Connections between supply line and R.C.V.'s shall be as specified or detailed on the drawings.

G. Riser assemblies shall be as specified or detailed on the drawings.

H. Controller(s), valves, backflow preventer(s) and sprinkler heads shall be specified and/or detailed on the drawings.

I. Control wires shall be UL approved copper single strand type UF direct burial 14 gauge red in color. Common wires shall be UL approved copper single strand type UF direct burial 12 gauge white in color. Spare control wires shall be UL approved copper single strand type UF direct burial 14 gauge blue in color.

J. Miscellaneous installation materials:

1. Solvent weld joints shall be of make and type approved by manufacturer (s) of pipe and fittings. Solvent cement shall be a proper consistency throughout use. Mixing thinner with solvent will not be allowed.

2. Pipe joint compound shall be non-hardening, non- toxic materials designed specifically for use on threaded connections in water carrying pipe.

3. Wire connections shall be 3M DBY-6 seal packs or approved equal.

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K. Control or Valve Boxes:

1. Provide 14 x 19 inch plastic rectangular control valve box with bolt down plastic lid for each electrical control valve. Valve boxes shall be by Carson Industries or approved equal.

Hot stamp or permanently engrave irrigation controller station number onto valve box lid.

2. For gate valves and quick coupling valves: Use 10-inch plastic round box. Add extensions for gate valves as required. Valve boxes shall be by Carson Industries or approved equal.

Hot stamp or permanently engrave “GV” for gate valve and “QCV” for quick coupler valves onto valve box lid.

PART 3 - EXECUTION

3.01 GENERAL
A. Irrigation system shall be installed in accordance with all applicable local and state codes and ordinances by a licensed landscape contractor.

B. Follow manufacturer's direction except as shown or specified.

3.02 INSPECTION OF SITE CONDITIONS
A. All scaled dimensions are approximate. The contractor shall check and verify all size dimensions prior to proceeding with work under this Section.

B. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. Check existing utilities drawings for existing utility locations.

C. Coordinate installation of irrigation materials, including pipe, so there shall be no interference with utilities or other construction or difficulty in planting trees, shrubs, and groundcover.

D. Avoid trenching within drip line of trees where possible. When not possible, all damaged roots over 1-1/2" in diameter shall be cut leaving clean face, seal cuts with tree seal, then immediately install pipe, wire, etc., refill trench and soak.

E. The contractor shall carefully check all grades to satisfy himself that he may safely proceed before starting work on the irrigation installation.

F. Coordinate the work of this Section with that of other Sections for the location of pipe sleeves through walls, paving, etc.

G. The landscape contractor shall verify water pressure and available gallonage prior to construction.

If deficiencies are noted that will hinder the system's performance, notify the irrigation consultant for directions to correct deficiencies.

H. The design is diagrammatic. All piping, valves, etc., shown within paved areas is design clarification only. Install piping, valves, etc., in planting areas.

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3.03 PREPARATION - LAYOUT OF WORK
A. Prior to installation, stake out all pressure supply lines, routing and location of sprinkler heads and notify irrigation consultant for reviewing layout when area or grade differences or obstructions are not as indicated on the plans.

3.04 INSTALLATION
A. Trenching:

1. Dig trench straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout shown on drawings.

2. Provide for a minimum of 18 inches cover for all pressure supply lines.

3. Provide for a minimum cover of 12 inches for all non-pressure lines to spray heads.

4. Provide for a minimum cover of 18 inches for all control wiring.

5. Provide a minimum cover of 24 inches over pipe and wiring under asphalt pavement.

B. Backfilling:

1. Do not backfill trenches until all required tests are performed. Carefully backfill trenches with specified excavated materials for backfilling, consisting of earth, loam, sandy clay, sand, or other acceptable materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill shall conform to adjacent grades without dips, sunken areas, humps or other surface irregularities.

2. Surround pipe with sand in rocky terrain with a 4" bed and 4" cover.

3. Backfill in proposed asphalt paved areas shall have sand covering pipe with a 6" minimum depth.

C. Pipe and Fitting Installation and Connections:

1. Provide each assembly with its own outlet.

2. Install all assemblies specified herein in accordance with details shown on drawings.

3. Thoroughly clean PVC pipe and fittings of dirt, dust and moisture before installation.

Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer.

4. On PVC to metal connections, the contractor shall work the metal connections first. Use Teflon tape, or equal, on all threaded PVC to PVC, and on all treaded PVC to metal joints.

5. Install piping under existing walks by boring whenever possible. Where any cutting or breaking of sidewalks and/or concrete is necessary, it shall be done and replaced at no increase in contract sum. Obtain permission to cut or break sidewalks and/or concrete from the architect before proceeding. No hydraulic driving will be permitted under concrete paving.

D. Line clearance:

1. All lines shall have a minimum clearance of 6 inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another.

E. Automatic Controller(s):

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1. Locate controller(s) in general location(s) shown with exact placement to be determined at job site by the irrigation consultant or Owner’s Representative.

2. Connect control lines to controller(s) in sequential arrangement according to assigned identification number on plans.

3. Controller(s) shall be properly grounded per Article 250 of the National Electric Code and conform to local regulations.

F. Remote Control Valves:

1. Install where shown on drawings. When grouped together, allow at least 12 inches between valves. Install each remote control valve in a separate valve box. Locate boxes in groundcover areas whenever possible, and a minimum of 12 inches from paving or curbs.

G. Control Wiring:

1. Make connections between existing automatic controls and electrical control valves with direct burial copper wire. Common wires shall be white. Install in accordance with valve manufacturer's specifications and wire charts.

2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. When not possible, house wiring in PVC conduit as described in "Sleeving and Conduit" section.

3. Where more than one wire is placed in a trench the wiring shall be taped together at intervals of 10 feet.

4. Provide 2-foot expansion coil at each wire connection and at least every 100 feet of wire length on runs more than 100 feet in length. Form expansion coils by wrapping at least five turns of wire around a 1-inch diameter pipe, then withdrawing the pipe.

5. Splicing on runs shall be placed in junction boxes. Indicate all splices on the As-Built Plan.

6. All below grade wire connections shall be made by using heat shrink tubing with interwall sealer following manufacturers recommended procedures.

7. Install separate common wire for each controller. Install extra control wires of a different color through all valve boxes to controller as indicated in irrigation notes on plans.

H. Sleeving and Conduit:

1. Control wiring passing under proposed concrete and paving shall pass through Schedule 40 PVC conduit-size as required.

2. Sleeving and conduit shall extend six (6”) beyond farthest edge of pavement or curb.

3. Provide removable non-decaying plug at ends of sleeves and conduits to prevent entrance of earth.

I. Flushing of System:

1. After all new pipelines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, open control valves and use a full head of water to flush out the system.

2. Install sprinkler head only after flushing of system has been accomplished.

J. Sprinkler Heads:

1. Install sprinkler heads as shown on Drawings.

2. Spacing of heads shall not exceed maximum shown on Drawings. In no case shall spacing exceed maximum recommended by manufacturer.

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3.05 FIELD QUALITY CONTROL
A. Adjustment of the System:

1. Flush and adjust all sprinklers for optimum performance and to prevent overspray onto walks, roadways and buildings.

2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the contractor shall make such adjustments prior to planting.

Adjustments may also include changes in nozzles sizes and degrees of arc as required.

B. Testing of Irrigation System:

1. Notify the irrigation consultant at least three (3) days in advance of testing.

2. Test to be done at no extra cost to the Owner.

3. Center load piping with sufficient amount of backfill to prevent arching or slipping under pressure. No fitting shall be covered.

4. Testing of pressure main lines shall occur prior to installation of electrical control valves.

5. Pressure Test for Solvent Weld Pipes:
a. Apply test for solvent welded plastic pipe after joints have cured at least 24 hours or more it manufacturer of solvent cement requires.
b. Test supply lines per ASTM-F690 as follows: (1) add water slowly to pipe to avoid water hammer damage, (2) bleed system to insure all air is out of pipes, (3) pressurize system to 125 psi for two (2) hours. Visually inspect for leaks while system is holding pressure constant. Note – use hydraulic pump or other safe method – do not use air compressor.
c. Test sprinkler lines at line pressure and visually inspect for leaks.

6. When the irrigation system is completed, perform a coverage test to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from drawings.

This test shall be accomplished before any plant material is planted.

7. Upon completion of each phase of work, test and adjust entire system to meet site requirements.

3.06 CLEAN-UP
A. Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work of others shall be repaired to original conditions.

3.07 FINAL REVIEW PRIOR TO ACCEPTANCE
A. Operate each system in its entirety at time of final review. Any items deemed not acceptable shall be reworked to the satisfaction of the irrigation consultant.

B. Final review shall take place after submission of all specified lists, record drawings, and manuals.

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Packet Pg. 303 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
May 2021 328400 - 10 Irrigation System

3.08 INSPECTIONS
A. The contractor shall be subject to inspections at any and all times by authorized representatives of the Owner.

3.09 MAINTENANCE
A. The contractor is to make all repairs and maintain the entire sprinkler system from the time of installation through the landscape maintenance period.

3.10 WARRANTY
A. The contractor shall repair or replace any irrigation found to be defective in material or workmanship within the entire sprinkler system from the time of installation through the warranty period, as outlined in the Guarantee form provided in these specifications.

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Packet Pg. 304 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood Deer Ridge Landscape Improvements
May 2021 328400 - 11 Irrigation System

GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM

WE HEREBY GUARANTEE THAT THE SPRINKLER IRRIGATION SYSTEM WE HAVE

FURNISHED AND INSTALLED IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP,

AND THE WORK HAS BEEN COMPLETED IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS. WE AGREE TO REPAIR OR REPLACE ANY DEFECTS IN MATERIAL OR

WORKMANSHIP, ANY SETTLING OF BACKFILLED TRENCHES, WHICH MAY DEVELOP

DURING THE PERIOD OF ONE YEAR FROM DATE OF ACCEPTANCE AND ALSO TO REPAIR

OR REPLACE ANY DAMAGE CAUSED BY ANY DEFECTS IN THE IRRIGATION SYSTEM OR

RESULTING FROM THE REPAIRING OR REPLACING OF SUCH DEFECTS AT NO ADDITIONAL COST TO THE OWNER. ORDINARY WEAR AND TEAR, UNUSUAL ABUSE OR NEGLECT ARE EXCEPTED. WE SHALL MAKE SUCH REPAIRS OR REPLACEMENTS, INCLUDING COMPLETE

RESTORATION OF ALL DAMAGED PLANTING, PAVING, OR OTHER IMPROVEMENTS OF ANY

KIND, WITHIN A REASONABLE TIME, AS DETERMINED BY THE OWNER, AFTER RECEIPT OF WRITTEN NOTICE. IN THE EVENT OF OUR FAILURE TO MAKE SUCH REPAIRS OR

REPLACEMENTS WITHIN A REASONABLE TIME AFTER RECEIPT OF WRITTEN NOTICE

FROM THE OWNER, WE AUTHORIZE THE OWNER TO PROCEED TO HAVE SAID REPAIRS OR

REPLACEMENTS MADE AT OUR EXPENSE AND WE WILL PAY THE COSTS AND CHARGES THEREFORE UPON DEMAND.

PROJECT: ___________________________________________________________________________ LOCATION: _________________________________________________________________________ CONTRACTOR: ______________________________________________________________________ LICENSE NO: ________________________________________________________________________ ADDRESS: __________________________________________________________________________ TELEPHONE: ________________________________________________________________________ GUARANTEE TO: ____________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ DATE OF ACCEPTANCE: _____________________________________________________________ AUTHORIZED REPRESENTATIVE: _____________________________________________________ END OF SECTION 32 84 00
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Packet Pg. 305 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440)

DEER RIDGE LANDSCAPE LANDSCAPE PLANTING
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DIVISION 32 – EXTERIOR IMPROVEMENTS
SECTION 32 90 00

LANDSCAPE PLANTING
PART 1 - GENERAL

1.01 DESCRIPTION
A. Work to be Included:

1. Furnish all labor, materials, equipment, rentals, facilities, transportation, incidentals, excavations, submittals and services for installation of plant material and related work as shown on the drawings and/or specified herein including all topsoil, compost, headers, fertilizer, organic materials, plant materials, plant labels, tree stakes, mulch, maintenance, warranties and all other incidentals to planting work and as necessary for a complete and full installation of Landscape Planting.

B. Related Work:

1. Section 32 84 00 – Irrigation: Irrigation system shall be installed and operative before beginning planting operation

1.02 RELATED DOCUMENTS
A. The General and Supplementary Conditions and General Requirements apply to the work herein specified.

B. References:

1. Nomenclature: "Western Garden Book," Sunset Publishing Co., Menlo Park, CA, 2001 edition or current edition.

2. Plant Material Standards: “American Standard for Nursery Stock”, American Nursery & Landscape Association, 1000 Vermont Avenue, NW Suite 300, Washington, DC, or current edition.

3. Staking and guying procedures: "Staking Landscape Trees", University of California Extension, Publication #2576, or current publication.

4. Pruning procedures: "Tree Pruning Guidelines", International Society of Arboriculture, Savoy, IL, 1995 or current edition, conforms to ANSI-A300-1995 tree pruning specifications and guidelines.

5. Manufacturer's recommendations.

1.03 REGULATORY REQUIREMENTS
A. Comply with Federal and State laws requiring inspection for plant diseases and infestations.

B. Conform to all federal, state, county, district, local codes and requirements for installation, preparation and maintenance as referenced herein and as applicable.

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C. Certificates of inspection required by law for transportation shall accompany invoice for each shipment of plants. Submit inspection certificates with each shipment of plants and deliver certificates to the Owner’s Representative after acceptance of material.

D. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site.

1.04 PERFORMANCE REQUIREMENTS
A. Supervision: Assign a full-time employee to the job as Foreman for the duration of the Contract with a minimum of four (4) years experience in landscape installation. Foreman to be present during the entire installation. Notify Owner's Representative of all changes in supervision.

1.05 QUALITY ASSURANCE
A. Personnel:

1. All planting and turf work shall be performed by competent and efficient personnel familiar with planting and turf procedures under the supervision of a Qualified Foreman.

2. Installing contractor shall have successfully completed within the last 3 years at least 3 planting applications similar in type and size to that of this project.

B. Plant Material Standards:

1. Plant Certification: All plants must meet specifications of Federal, State, and County laws requiring inspection for plant disease and insect infestations. Inspection certifications required by law shall accompany each shipment, invoice and order for stock.

2. Codes and Standards: Nursery stock shall meet the standards of the current edition of the “American Standard for Nursery Stock”, "Agricultural Code of California" and the "Regulations of the Director of Agriculture Pertaining to Nursery Stock". They shall be true to type and name in accordance with "Standardized Plant Names", Second Edition.

3. Use only nursery-grown stock that is free from insect pests and diseases. Any required clearances shall be obtained prior to shipment of plant material.

4. Plants shall be subject to inspection and approval of the Landscape Architect at place of growth or upon delivery for conformity to specifications. Such approval shall not impair the right of inspection and rejection during progress of the work. Wherever the terms "approve", "approval" or "approved" are used herein they mean approval of the Landscape Architect in writing.

5. Contract Grown Plants: Contract grown plant material does not relieve the landscape contractor of providing materials which do not match or exceed standard nursery stock.

Plants which do not meet standards shall be rejected and the Contractor shall provide nursery grown stock as required at no additional cost to the Owner or contract.

1.06 SUBSTITUTIONS
A. Substitutions: Substitutions of plant materials will not be permitted unless authorized in writing by Owner's Representative. If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract price. Such proof shall be substantiated and submitted in writing to Owner's Representative.

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B. The Contractor shall submit a list of un-available plants per project plant list and a list of all nurseries and plant brokers contacted a maximum of 15 days after Notice to Proceed.

C. The Landscape Architect reserves the right to require the Contractor to replace at the Contractor's cost any plants which the Contractor has installed without the Landscape Architect's approval.

1.07 PROOF OF PLANT AVAILABILITY
A. These provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. Contractor shall secure all material and provide proof of such within 30 days of Notice to Proceed in order to guarantee plant availability at time of planting. .

B. Payment for the procurement of plant material, including possible incidentals such as storage and maintenance at nursery after purchase or contract growing plants, is the full responsibility of the Contractor.

1.08 SUBMITTALS
All submittal data shall be forwarded in a single package to the Owner's Representative within 15 days of award of contract.

A. Furnish 2 copies of manufacturers' literature for the following items:

1. Plant Supplier’s List:
a. Submit documentation to the Owner's Representative within 30 days of Notice to Proceed, that all plants listed on the plans have been ordered. Substitution of size or species due to unavailability must be requested in writing within 15 days of Notice to Proceed.

2. Fertilizer

3. Fertilizer Tablets

4. Iron and Sulfate Amendment

5. Organic Amendment

6. Pre-Emergence Weed Killer

7. Root Control Barriers

8. Top Mulch

9. Tree Guying

10. Tree Support Poles

11. Tree Ties
B. Soil Testing: Provide soil analysis from an approved testing laboratory. Soil analysis using Saturate Media Analysis will not be allowed and rejected outright for soil analysis. Soil analysis shall include pH, salinity, sodium hazard, boron hazard, lime content, organic matter, soil texture and available nutrient levels. Submit test results, analysis, and recommendations for:

1. Existing site topsoil (1 sample per acre)
Top Soil Analysis: After approval of rough grading and topsoil placement, obtain two representative samples of topsoil taken from approved site locations and submit to approved testing agency for “agricultural suitability” analysis report, including evaluation C.11.b
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of physical and chemical properties of soil and recommendations for adding amendment and fertilizers to the soil. Upon approval of the Laboratory’s report by the Owner's Representative, the report recommendations become a part of the Specifications. Adjust the quantities of soil amendment, fertilizer and other additives to conform to the report.

2. Import top soil
Imported Top Soil Analysis: Submit sample to approved testing agency for “agricultural suitability” analysis report, including evaluation of physical and chemical properties of soil and recommendations for adding amendment and fertilizers to the soil. Upon approval of the Laboratory’s report by the Owner's Representative, the soil and report recommendations become a part of the Specifications. Adjust the quantities of soil, soil amendment, fertilizer and other additives to conform to the report.

3. Imported Soil Fill
Imported Soil Fill shall fall within acceptable tolerances for plant fertility and suitability and shall have a pH value between 6 and 7.5. Imported soil fill that exceed acceptable levels for Macro and Micro – Nutrients for plants as indicated in soil laboratory testing will be rejected and shall not be used for project.

4. Organic Amendment.

C. Submit one (1) quart sample each of mulch and organic amendment.

D. Certificates of Compliance, receipts, and /or delivery tickets for the following:

1. Soil amendment, chemical and physical properties. Do not deliver amendment to the site without approval of submittals by Owner's Representative.

2. Storm Water Soil Mix. Do not deliver soil mix to the site without approval of submittals by Owner’s Representative.

3. Quantity of soil amendment delivered to site for incorporation into soil.

4. Sod: Submit information from sod farm company, including type and percentage of seed mixture for approval by Owner's Representative.

5. Grass Seed Mixes.

6. Vegetable Planter Soil Mix – sand and amendment analysis.

7. All other soil amendments, soils, compost, and mulch delivered to the site.

1.09 ADDITIONAL SAMPLES AND TESTS
A. Owner's Representative reserves the right to take and analyze samples of materials for conformity to specifications at any time. Contractor shall furnish samples upon request by Owner's Representative. Rejected materials shall be immediately removed from the site at Contractor's expense. Cost of testing of materials not meeting specifications shall be paid by Contractor.

1.10 SELECTION AND TAGGING OF PLANT MATERIAL
A. Contractor shall select and tag all plant material within 30 days of Notice to Proceed. Plant material which is not available, or not possible to contract grow shall be noted to the Landscape Architect within 15 days of Notice to Proceed so substitutions may be selected. Contractor shall source material from out of state or thru a plant broker if not locally available. Contractor shall submit lists of all nurseries and plant brokers contacted for availability.

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B. Plants shall be subject to inspection and approval by Owner's Representative at place of growth if the Owner's Representative so chooses, and upon delivery for conformity to specifications.

Such approval shall not impair the right of inspection and rejection during progress of the work.

Submit written request for inspection of plant material at place of growth to Owner's Representative. Written request shall state the place of growth and quantity of plants to be inspected. Owner's Representative reserves right to refuse inspection at this time if, in his judgment, a sufficient quantity of plants is not available for inspection.

1.11 PROJECT SITE CONDITIONS
A. Site Visit: At beginning of work, visit and walk the site with the Owner's Representative to clarify scope of work and understand existing project site conditions. Identify location of utilities and other improvements. Notify Owner's Representative of conflicts prior to start of work for resolution.

B. Access: Inspect project site and become familiar with the accessing requirements and restrictions.

At time of submitting bid, provide written notice of any conditions that would prevent installation of the specified plant material.

1.12 JOB CONDITIONS
A. Delivery:

1. Deliver manufactured materials in original containers with brand and maker's name marked thereon. Materials in broken containers or showing evidence of damage will be rejected and must be immediately removed from the site. Odorous materials shall not be brought to the site until they are to be used. Deliver quantities necessary to complete the work shown on the Drawings. Any discrepancy in the quantities given on the plans shall not entitle Contractor to additional remuneration.

2. Deliver Bulk materials to the job site and store to deter mixing with other bulk materials, saturation by rainwater, contamination and/or contact with other deleterious substances or materials.

3. Deliver plants with identification labels.
a. Labels should state correct name and size.
b. Use durable, water-proof labels with water resistant ink that will remain legible for at least 60 days.

4. Protect plant materials during transport to prevent damage to rootball or desiccation of leaves.

5. Remove unacceptable plant materials immediately from job site.

6. Contractor shall endeavor to coordinate delivery with installation schedule so that plant material is installed on the same day.

B. Storage:

1. Plants: Maintain plant material in healthy growing condition at all times. Protect plants from drying winds, vandals and animals. Keep plants that cannot be installed immediately in the shade, if shade plants and in the sun, if sun plants. Water and feed as necessary.

Owner's Representative reserves the right to reject plants that decline in quality after delivery to site.

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C. Under no circumstances shall any work be performed if the temperature exceeds 90 degrees or is below 40 degrees. No planting shall be done with the soil saturated with water.

1.13 PROTECTION OF EXISTING PLANTS TO REMAIN
A. Do not store materials or equipment, permit burning, or operate or park equipment under the branches of any existing plant to remain except as actually required for construction in those areas.

B. Provide barricades, fences or other barriers as necessary at the drip line to protect existing plants to remain from damage during construction.

C. Notify Owner's Representative in any case where Contractor feels grading or other construction called for by Contract Documents may damage existing plants to remain.

D. If existing plants to remain are damaged during construction, Contractor shall replace such plants of the same species and size as those damaged at no cost to Owner. Determination of extent of damage and value of damaged plant shall rest solely with Owner's Representative.

PART 2 - PRODUCTS

2.01 SOIL AMENDMENTS
A. The following organic amendments, soil amendments, and fertilizer rates and quantities are to be used for bid basis only. Contractor shall arrange and pay for testing by an accredited soils laboratory of existing site soil after rough grading operations are complete, and shall amend the soils according to said laboratory's recommendations. The soils recommendations shall be considered a part of this specification.

B. Topsoil: Provide topsoil as required to complete landscape work. Topsoil to be furnished shall be fertile and friable, possessing characteristics of representative productive soils on the site. It shall not contain toxic substances which may be harmful to plant growth. If herbicide contamination is suspected then a radish/rye grass growth trial must be performed. Consult with Owner's Representative prior to decision to test. It shall be uniformly textured and free of all objectionable foreign materials, oil, or chemicals which may be injurious to plant growth. Natural topsoil shall possess a pH factor between 5.5 and 7.5, a sodium adsorption ratio (SAR) of less than 8, a boron concentration of the saturation extract of less than 1 ppm, and salinity of the saturation extract at 25 degrees C. of less than 4.0 millimhos per centimeter.

Obtain topsoil from naturally well- drained sites where topsoil occurs in a depth of not less than 4 inches; do not obtain from bogs or marshes. Topsoil from the project stockpile which meets the requirements is acceptable.

C. Obtain topsoil from naturally well- drained sites where topsoil occurs in a depth of not less than 4 inches; do not obtain from bogs or marshes. Topsoil from the project stockpile that meets the requirements is acceptable.

D. Imported Topsoil: Topsoil shall be tested by an approved soils laboratory for compatibility with existing on-site soils and fertility. Contractor shall submit soil laboratory’s analysis and C.11.b
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amendment recommendations. Imported topsoil shall be subject to inspection by Owner's Representative at the project site. Remove rejected topsoil immediately at Contractor's expense.

The imported topsoil shall be blended on site with the following ratio:
1 part of compost blended with 2 parts of imported soil.

E. Imported Soil Fill

1. Import soil fill as needed to complete the job with the following properties:
a. Imported planting soil pH value to be between 6.0 and 7.5 with boron concentration of the saturation extract of less than 1 ppm, salinity of the saturation extract at 25 degrees C. of less than 4.0 millimoles, and a sodium absorption rate (SAR) of less than 8.
b. Silt and clay content of imported planting soil is not to exceed that of the existing soil it is to be placed over.
c. Do not deliver topsoil to the site until Owner's Representative has reviewed soils report and has approved submittals by Owner's Representative.

F. Organic Amendment:

1. For bidding purposes, assume Soil Amender Compost, available from Organic Solutions, ph. 707-751-0466 or approved equal. Application rate per 1000 square feet:
6 cubic yards Organic Compost

2. Organic Amendment: Feedstock shall be no longer recognizable. Compost amendment shall contain fairly uniform particle size, no weed sprouts. Submit a nutrient analysis and testing data from a third party or soil lab, such as the STA Seal of Testing Assurance by the US Composting Council; or OMRI, Organic Materials Review Institute. Organic Compost shall meet the following criteria:
a. Particle size: 100% passing a 1” screen or smaller.
b. Salt Concentration: Must be reported; may vary but < 4.0 mmhos/cm preferred.

Soil should be test. <2.5 mmhos/cm preferred for soil/compost blend. c. Feedstock Materials shall be specified and include at one or more of the following:
landscape/yard trimmings, grass clippings, food scraps, and agricultural crop residues.
d. Nutrient Content: provide analysis detailing nutrient content including N-P-K; Ca; Mg; S; and Bo. Nitrogen content 1% or above preferred.
e. Trace Contaminants Metals (Lead, Mercury, etc.). Product must meet US EPA, 40 CFR 503 regulations.
f. pH: pH shall be between 5.5 and 8.
g. Visible Contaminants: compost shall be relatively free of inert ingredients, including glass, plastic and paper, < 0.1 % by weight or volume.
h. Moisture Content shall be between 35% - 55% of dry solids. i. Organic Matter Content: 50% - 60% by dry wt. preferred, 30-70% acceptable. j. Carbon and Nitrogen Ratio: C:N < 20:1.
k. Stability/Maturity: shall have a dark brown color and a soil-like odor. Compost exhibiting a sour or putrid smell, containing recognizable grass or leaves, or is hot (120F) upon delivery or rewetting is not acceptable.

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l. Weed seed/pathogen destruction: provide proof of process to further reduce pathogens (PFRP). For example, turned windrows must reach min. 55C for 15 days with at least 5 turnings during that period.

G. Fertilizer:

1. Turf and groundcover areas:
a. 6N-20P-20K, 25 lbs. per 1,000 square feet or 6N-24P-24P, 15 lbs per 1,000 square feet.
b. Starting one month after planting, on a monthly basis until start of Maintenance Period, apply 12N-8P-16K fertilizer. 7 lbs. per 1,000 square feet.

2. Shrubs and trees:
a. 21 gram tablet 20N-10P-5K slow release fertilizer tablets as manufactured by Agriform or approved equal. Apply according to Manufacturer's instructions and as follows:
1) 36” Box shall receive 36 tablets
2) 24” Box shall receive 24 tablets
3) 15 Gallon shall receive 10 tablets
4) 5 Gallon shall receive 3 tablets
5) 1&2 Gallon shall receive 2 tablets
b. Starting one month after planting, on a monthly basis until start of maintenance Period, apply 12N-8P-16K fertilizer 7 lbs. per 1,000 square feet.

2.02 TOP MULCH
A. Recycled Pro-Chip Decorative Mulch, black, or dark brown Available from Earth Tones Mulch, 1-800-536-6702, or approved equal.

2.03 TURF SOD
A. Sod shall be one year old and dense with grass, having been mowed at 1 in. height before lifting from field. All grown on fumigated soil. Sod shall be in vigorous condition, dark green in color, free of disease and harmful insects.

1. Sod shall be grown of seed mix of the following proportions by weight:
a. Dwarf Tall Fescue:
80% Bonsai
20% Pixie

2.04 GROUNDCOVERS, TREES, AND SHRUBS
A. All plant materials shall be nursery grown in accordance with the best known horticulture practices and under climatic conditions similar to those in the locality of the project. Container stock shall have grown in the containers in which delivered for at least six (6) months, but not over two years. No container plants that have cracked or broken balls of earth when taken from container shall be planted except upon special approval by Owner's Representative.

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B. Roots to be healthy and extend to the bottoms and sides the container with no signs of restriction due to kinked, circular or distorted growth or deformed or circling roots at the liner stage. Rooting to be extensive enough to hold the rootball together during planting, but not as dense as to discourage root establishment into surrounding soils. No plants with roots that have encircled themselves will be accepted. In case of any unsatisfactory root system, a total group of plants may be rejected.

C. Plants shall be vigorous and shall have a normal habit of growth. Plants shall be free of damage by insects, pests, diseases or wind; burns from insecticides or fertilizer; and stunted growth due to lack of water, lack of food, diseases, or other causes. Plants shall be in conformity with the sizes shown on the drawings.

D. Trees: Unless otherwise specified, tree trunks shall be straight with leader intact, undamaged, and uncut. All old abrasions and cuts are acceptable only if completely callused over.

E. Quantities: Quantities necessary to complete the work as shown on the drawings shall be furnished.

2.05 TREE SUPPORT POLES
A. Peeled, lodge pole pine logs, treated with Chemonite or ACQ or approved equal, clean, smooth, new, and sized as follows:

1. Three inch (3”) diameter by ten (10’) long for trees greater than 8 feet high and 1 inch caliper.

2.06 TREE GUYING
A. For trees up to 3 inch caliper, 1/16 inch galvanized steel cable, with rubber tree collar, 12 inch minimum long, and secured with cable clamp, and attached to anchor for below-grade location, Duckbill Model 40 DTS, or approved equal.

B. For trees 3 inches to 6 inches caliper, 1/8 inch galvanized steel cable with rubber tree collar, 21 inches minimum long, and secured with cable clamp, 3 inches take-up eye to eye turnbuckle, and attached to anchor for below-grade location, Duckbill Model 68 DTS, or approved equal.

C. Each guy wire shall be installed with 1 inch VC pipe, 3 foot long sleeve, as warning device.

2.07 TREE TIES
A. Flexible strap, 24 inch minimum length without sharp edges adjacent to trunk, V.I.T. cinch-ti, or approved equal.

2.08 EROSION CONTROL NETTING
A. New, with a uniform, open plain-weave, flame-retardant mesh. The mesh shall be [natural browntan] and made from unbleached single jute yarn. The yarn shall be of loosely twisted construction and shall not vary in thickness by more than one-half its normal diameter. Furnish jute mesh in rolled strips to meet the following requirements:

1. Width: 48 inches, with tolerance of one-inch wider or narrower.

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2. Not less than 78 warp ends per width.

3. Not less than 41 weft ends per yard.

4. Weight shall average 1.22 pounds per liner yard, with tolerance of 5 percent heavier or lighter.

B. Install jute mesh loosely up and down the slope in accordance with manufacturer’s specifications and as follows. Fit the soil surface contour and hold in place with 12 inch long, 11-gauge (minimum) steel wire staples driven vertically into the soil at 18-24 inch spacing, Jute mesh strips shall overlap along all edges at least 6 inches. Ends of side stripes shall be buried into the soil at least 6 inches. Drive staples along to securely anchor mesh to ground.

2.09 WATER SOURCE
A. Water source shall be provided by Owner. Contractor shall provide transport as required.

2.10 ROOT CONTROL BARRIERS
A. Root barrier CP 24-2, min. thickness .080”, Century Products (714) 632-7083. Root barrier shall be used on all trees 5' or closer to pavement, utilities, curbs, etc. Or approved equal.

2.11 FILTER FABRIC
A. Filter Fabric: Polyester non-woven filter fabric with uniform fiber distribution by “Terra Bond” #1115, “Mirafi, Inc.” #140NS, or approved equal.

2.12 PRE-EMERGENCE WEED KILLER
A. Clean non-staining as recommended by a licensed pest control specialist and as approved by Owner’s Representative in compliance with the Owner’s Representative’s Integrated Pest Management Policy.

PART 3 - EXECUTION

3.01 SURFACE CONDITIONS
A. Inspections by the Landscape Contractor:

1. Before proceeding with the work: Carefully inspect all areas and verify all dimensions and quantities.

2. In the event of discrepancy, immediately notify the Owner's Representative. Do not proceed with this installation in areas of discrepancies until all such discrepancies have been fully resolved.

3. Planting operations shall be performed only during periods when beneficial results can be obtained. When excessive moisture or other unsatisfactory conditions prevail, the work shall be stopped until conditions are satisfactory.

4. Inspect trees, shrubs and ground cover plants for injury, insect infestations, and proper pruning.

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5. General contractor shall coordinate rough grading of site to ensure the Landscape Contractor shall receive all planting areas graded to +0.10 ft. of finish grades shown on the Drawings. Allow for depth of soil amendments and mulch in determining the difference between finished subgrade in groundcover and shrub beds. Verify that subgrades are not compacted. Do not proceed until detrimental conditions are corrected. Contractor shall take precautions during the excavation of all planting areas to not undermine or damage all adjacent pavements, footings and their associated subgrades.

3.02 FIELD QUALITY CONTROL/INSPECTIONS
A. Progress observations: In addition to the installation observations specified below, the Owner's Representative may make periodic progress observations.

B. Installation observations: Request at least 4 working days in advance:

1. Observation of finish grading.

2. Observation of plant material upon delivery to site.

3. Observation of layout and placement of plant material at time of planting.

4. Observation of any planting drainage problems, as identified by Contractor.

The above shall be considered check points and the Contractor shall only proceed with the work after the Owner's Representative has visited the site and determined that the work is proceeding satisfactorily.

C. Maintenance Observations: For the purpose of establishing the start of Maintenance Period and observing completion of the Work of this Section through Final Acceptance. Request at least 7 working days in advance:

1. Observation for Maintenance Period commencement.

2. Observation for Final Acceptance.

3.03 REVIEW AND ACCEPTANCE OF PLANT MATERIAL
A. Upon plant delivery, arrange material so that canopies or branch tips are not touching so that Owner's Representative can review plant material at project site.

B. Do not install material that has not been reviewed and accepted by Owner's Representative.

C. Arrange and pay for permits and inspections required for delivery of plant material.

3.04 FINE GRADING AND SOIL PREPARATION
A. General Fine Grading and Soil Preparation

1. The Contractor shall prepare the site for landscaping. In the areas designated for landscaping on the plans, he shall inspect planting areas and remove all base rock and other foreign material.

2. Rip in two directions all planting areas full depth of compacted fill (to a minimum of 12 inches) into undisturbed native soil prior to backfilling. Uniformly distribute and spread planting soil backfill in planting areas in layers not to exceed 18" and compact to a maximum of 85% relative compaction.

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3. When the planting soil differs in clay and silt content from the subsoil it is to be placed upon, install a 4-inch thick lift of planting soil on the subgrade and rototill into the subgrade 6 inches deep before installing the remaining required planting soil.

4. Do not work planting soil in a wet or muddy condition or dump or spread in areas where subgrade is not in proper condition.

5. Water settling, puddling, and jetting of fill and backfill materials, as a compaction method is not acceptable.

6. Maintain moisture content of materials during compaction operations within required moisture range to obtain indicated compaction density.

B. The Contractor shall alleviate compacted soils before planting, for all landscaped areas that cannot be protected during construction.

1. Scarification: Scarify all planting areas prior to fine grading in order to ensure relative compaction of 85% or less. Any planting areas which become compacted in excess of 85% due to construction activities shall be thoroughly cross-ripped to the maximum depth feasible to alleviate that condition, taking care to avoid all existing drainage and subsurface utility lines. See plans.

2. Scarification of any planting area that cannot be accomplished with a tractor shall be accomplished by an alternative method approved by the Owner's Representative to the specified depth to ensure proper drainage.

C. Drag to a smooth, even surface. Grade to form all swales, pitch to catch basins, streets, curb, etc. to ensure uniform surface drainage. Areas requiring grading include adjacent transition areas that shall be uniformly level or sloped between finish elevations. Provide surface drainage of planted area. Correct drainage conditions that may be detrimental to the growth of plant material or which will result in excessive retention of water in tree pits. Minimum slope in landscape areas shall be two percent (2%) or as shown on drawings. Slope away from building.

D. Cultivation and Placement of Amendment:

1. Hold finish grade and/or mulch surface in planting areas 1/2-inch below adjacent pavement surfaces, tops of curbs, manholes, etc.

2. Spread soil amendment, fertilizers and other additives evenly over installed and rough graded topsoil in all planting areas including turf, ground cover and shrub areas at the rates specified in the soils analysis report. For bid basis, use the following rates (Do not apply fertilizer to areas to be hydroseeded):

3. In areas to be planted with shrubs cultivate to a depth of 18". In turf and groundcover areas, cultivate soil to a depth of 8". Incorporate 6 cubic yards per 1000 square feet of organic amendment. Prior to planting incorporate to a depth of 6" the following fertilizers, per 1000 square feet:
a. 6N-20P-20K at 25 lbs/1000 sq. ft. or 6N-24P-24K at 15 lbs/1000 sq. ft. b. Iron Sulfate: 2.5 lbs. per 1,000 square feet.
c. Soil Sulfur: 15 lbs per 1,000 square feet.
d. Agricultural Gypsum: 25 lbs per 1000 square feet

4. Areas within the driplines of existing trees shall be hand cultivated.

E. Finish Preparation in Turf Areas:

1. Roll to compact amended soil to not more than 85% compaction. Finish grade shall be 1" below adjacent paving, curbs, or walls unless otherwise shown on drawings. Finish out C.11.b
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smoothing, even surfacing conforming to established grades after settlement. Rake immediately prior to planting.

2. If rain is likely between completion of soil preparation and planting, precautions shall be taken to prevent erosion of the soil.

F. Soil Mix for Backfill of Shrubs, Trees and Ground Covers: The following ingredients shall be tumbled to achieve a homogeneous mix:

1. Organic amendment 1 cubic yard

2. Topsoil 3 cubic yards
G. Contractor to remove any lime treated soil from planting areas and over excavate for drainage prior to the placement of top soil and import soil backfill.

H. Soil Mix for Backfill of Pots: The following ingredients shall be tumbled to achieve a homogeneous mix:

1. Organic amendment 1 cubic yard

2. Topsoil 3 cubic yards
Top dress each pot with one pound of Osmacoat 17-7-12 fertilizer.

3.05 HANDLING OF PLANTS
A. Prevent damage to plant material. Lift and handle plants only from bottom of rootball.

B. Do not plant material that has not been reviewed by Owner's Representative upon delivery to the project site, or that has been rejected for any reason. Do not plant under unfavorable weather conditions.

C. The Contractor shall protect all utilities, vegetation, and structures during work.

D. Trees shall be located a minimum of 3' from walls, overheads, walks, headers, and other trees within the project. If conflicts arise between size of areas and plans, Contractor shall contact Owner's Representative for resolution. Failure to make such conflicts known to the Owner's Representative will result in Contractor's liability to relocate the materials.

3.06 SHRUBS AND TREES
A. Preparation:

1. Owner's Representative will review, for conformance to design intent, locations of all plants in the field prior to planting. Notify Owner's Representative and schedule layout review sufficiently in advance of planting to allow for review and adjustment without disrupting construction schedule.

2. Stake layout of trees in field before installing irrigation. Mark tree and shrub locations on site using stakes, gypsum or similar approved means and secure location approval by the Owner's Representative before plant holes are dug. Adjust as necessary prior to planting.

Owner's Representative reserves the right to make minor adjustments in the layout of all plant material; adjust irrigation system as necessary.

B. Excavation:

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1. Excavate container grown tree, shrub, groundcovers and vine pits as follows. If rocks, underground construction work, tree roots or other unknown obstructions are encountered in the excavation of plant holes; Owner's Representative may select alternate locations.

Report all such conditions in writing to the Owner's Representative. Where locations cannot be changed, submit a written proposal and cost estimate for removing the obstructions to a depth of not less than 6 inches below the required hole's depth. Obtain Owner's Representative's instructions prior to proceeding with the work affected.

Excavation for Width Depth
Boxed Trees Box + 24" Box + 12"
Canned Trees/Shrubs (15 gal) or larger Can + 24" Can + 12" Canned Shrubs/Vines (2.5 to 5 gal) Can + 18" Can + 8"
Canned Shrubs/Groundcover/Vines (1 gal) Can + 12” Can + 6” All plant pits shall be dug with vertical walls. The sides and bottoms of all planting pits shall be thoroughly scarified to ensure root penetration.

C. Percolation Testing:

1. Contractor shall verify water drainage of all planting pits with a percolation test prior to planting.

2. Fill full sized planting pit with water and observe in 24 hours.

3. Notify Owner's Representative if planting pit has not fully drained before proceeding with the planting operation for all areas not draining, and all soil conditions considered detrimental to growth of plant material. State condition, and proposal and cost estimate for correcting the condition.

4. Obtain Owner's Representative's instructions prior to proceeding with work affected.

5. Repeat drainage testing and correction of conditions until tests are passed.

6. Failure to perform drainage tests, or to notify Owner's Representative in writing of conditions specified above, renders Contractor responsible for all plant failure that occurs as a result of inadequate drainage or detrimental soil conditions, as determined by Owner's Representative.

D. Plants in Containers:

1. Plants shall be removed carefully from their containers after the containers have been cut on two sides minimum; fifteen-gallon containers shall be opened in three places. In the case of boxed plant specimens, the wood shall be removed at the sides and at the bottom of the box.

2. After removing plant material from its container, stimulate root growth by making four or five vertical cuts 1" deep around the circumference of the root ball.

3. Do not lift or handle plants by the top, stems, or trunk at any time. All plants shall be lifted in such a manner that the root ball is supported from the underside.

4. The Contractor shall check all plants for adequate root systems. If the root system is defective, he shall remove deficient plants from the site and replace them with new ones.

E. Planting:

1. Carefully remove and set plants and trees without damaging the rootball. Do not install plants or trees with damaged rootballs. Cutting or scoring of rootballs to be done only if species is known to be tolerant of such treatment. Superficially cut tolerant plants’ edge roots vertically on three sides using a knife.

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2. For trees remove sides of boxes after positioning the plant and partially backfilling.

3. Center plant in pit or trench over tamped mound.

4. Face for best effect.

5. Set plant plumb and hold rigidly in position.

6. All plants shall be set in the ground so that the root ball will be flush with the finish grade.

All plants that settle below the finish grade within 30 days of acceptance of the work shall be replanted in the proper position. In case a total section of planting area settles, the Contractor shall lift the plants, import additional soil mix, regrade, and replant, at no additional cost to the Owner.

7. Back fill:
a. Backfill plant holes with soil mix as specified, free from rocks, clods or lumpy material. Backfill native soil free of soil amendments under rootball and foot tamp to prevent settlement.
b. Set plants in backfill with top of the rootball 2 inches above finished grade. Backfill remainder of hole and soak thoroughly by jetting with a hose and pipe section.

Water backfill until saturated the full depth of the hole. Thoroughly water all plants immediately after planting, eliminating air pockets. Prevent erosion. c. The filled pit shall be flush with surrounding grade when complete.

8. When the plant pit has been approximately one half filled, place planting tablets according to the manufacturer's schedule and per Section 2.01 Subsection K Fertilizer, paragraph 2.

9. Build 6" high watering basin berms around trees and shrubs to drain through rootball.

Basins are not required around trees in turf areas.

10. Apply post-planting fertilizer.

11. Planting operation for plants in raised concrete planters is same as above except that finish grade of soil mix shall be 1 1/2" below top of planter walls. Planters may be backfilled with excess topsoil up to the depth specified for plant pits above which backfill shall be soil mix.

12. Planting operations for plants in precast planters is the same as stated in paragraph11 above.

Fill entire planter with soil mix. Place planters as shown on planting plans.

3.07 GROUNDCOVER AREAS
A. Planting:

1. Plant in neat, straight, parallel and staggered rows as indicated on plan. Plant first row onehalf required ground cover spacing behind adjacent curbs, structures, or other plant bed limits. Plant ground cover to edge of water basins of adjacent trees and shrubs.

2. Space plants equally and uniformly at spacing indicated on the Drawings, which are the maximum and in a triangular pattern.

3. Plant pits shall be sufficiently large so that the root can be freely suspended in the pit. After backfilling the pit, firm the soil so that there will be no air space around the roots.

4. Apply post-planting fertilizer.

5. Mulch all ground cover areas with 3" layer of mulch.

3.08 TURF SOD
A. Inspection:

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1. Upon the completion of the placing of the soil and prior to placing sod, the Contractor shall call for an inspection of the turf irrigation system. The sod shall be placed after the Owner's Representative has satisfied himself that the irrigation system is operating satisfactorily and finish grade is in accord with the Drawings.

B. Laying Sod:

1. Remove all rubble, sticks, rocks and stones 1" or larger from top 2" amended soil.

2. Arrange for delivery of sod in the morning to insure same-day installation.

3. Lightly roll surface and re-shape to level humps and hollows. Secure Owner's Representative's approval prior to sodding. Do not sod on dry soil.

4. Lay first strip of sod along a straight line (use a string in irregular areas). Butt joints tightly, do not overlap edges. On second strip, stagger joints. Use a sharp knife to cut sod to fit curves, edges and sprinkler heads.

5. When a conveniently large area has been sodded, water lightly to prevent drying. Continue to sod and to water until installation is complete. Lay sod without stretching. Stagger end seams and butt edges as close as possible to each other. Roll with sod roller perpendicular to direction it was laid.

6. After laying all sod, roll lightly to eliminate irregularities and to form good contact between sod and soil. Avoid a heavy roller and excessive initial watering.

7. Thoroughly water the completed sod surface to at least 8 inches deep. Repeat sprinkling at regular intervals to keep sod moist at all times until rooted. After sod is established, decrease frequency and increase amount of water per application.

8. Protect turf areas by erecting fences, barriers and signs necessary to prevent trespass. Keep barriers neat and well maintained.

9. Apply post-planting fertilizer.

C. At the time of final inspection the turfs shall be dense, green, and weed free. It is the Contractor's responsibility to eliminate any bare spots, dead areas and weeds.

3.09 TOP MULCH
A. Except where rock mulch is required, mulch all shrub and ground cover areas with organic mulch to a 3 inch depth. Mulch ring at trees in turf areas to be 3 foot diameter for up to 36 inch box.

Do not pile mulch around crowns of plants. Keep root crown free of mulch.

3.10 TREE STAKING
A. Stake trees as indicated on the Drawings. Drive stake until solid and remove excess stake protruding above top tree tie to prevent rubbing against branches. Allow 1 to 3 inches sway in trunk or branches; do not pull tight.

B. Tying: Find the proper support height by holding the trunk in one hand and pulling the top to one side and releasing it. The lowest height, at which the trunk will return to the upright position when the top is released, is the height at which to attach tree ties.

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3.11 ROOT GUARD
A. Install as detailed and as specified below. If not shown, install in accordance with manufacturer's recommendations. Excavate an additional 12 inches below the proposed bottom edge of tree root barrier, then compact this space with the original excavation materials. Install the panels so that the vertical root deflecting ribs on the panels face inward, toward the root ball. The double top edge of the barrier should be positioned flush with finished grade. Install root barrier as indicated and at locations on drawings.

B. Install root control barrier for all trees located within 5 feet-0 inches of paved areas, in accordance with manufacturer's recommendations.

C. Root Barrier shall be installed in a linear fashion and shall never circle a tree.

3.12 WATERING
A. Water all trees, shrubs and ground cover immediately after planting. Apply water to all plants as often and in sufficient amount as conditions may require to keep the plants in a healthy vigorous growing condition until completion of the Contract. Do supplemental hand watering of trees and shrubs during the first 3 weeks of plant establishment as necessary.

3.13 CLEAN UP
A. Keep all areas of work clean and neat at all times. Upon completion of planting, all cans, boxes, and other debris that is a part of the planting operation shall be removed from the site.

B. All pavements shall be washed off, and site shall be left in an absolutely clean condition. All planting areas shall be cultivated and weed free before final inspection. Clean-up operations shall take place throughout the course of work so that walks and drives are clean at all time.

3.14 PRE-MAINTENANCE/PLANT ESTABLISHMENT PERIOD REVIEW AND APPROVAL OF

PLANTING
A. Notify the Owner's Representative a minimum of five (5) days prior to requested Punch List and for Final Acceptance Review. Before the reviews, complete the following:

1. Complete all work per Specifications and Plans.

2. Present all planted areas neat and clean with all weeds removed and all plants installed and appearing healthy.

3. Plumb all tree stakes.

4. Turf sod all areas per plans.

5. Settlement: Reset plants that have shift or settled.

B. Punchlist Inspection:

1. At this time the Contractor shall have completed all phases of the Plans and Specifications for planting and irrigation. Any discrepancies shall be noted at that time and the Contractor shall make appropriate corrections before the Final Acceptance of the work and the beginning of Maintenance Period is established.

2. No partial approvals will be given.

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C. Final Acceptance

1. Should it be determined at the Final Acceptance visit that any punchlist item is incomplete, any further review of the site will be terminated until all items are guaranteed, in writing, to be complete by the Contractor. The cost of additional site visits by the Owner's Representative to verify completion of work shall be paid for by the Contractor.

3.15 PLANT ESTABLISHMENT MAINTENANCE PERIOND
A. The planting establishment maintenance begins immediately, after all planting installation is complete, approved by final inspection from staff, and Notice of Completion for work has gone to the City council. The contractor shall be responsible for the maintenance, health of the plants, and function of the irrigation systems until the Notice of Completion is approved by Resolution.

B. Maintenance period shall not start until all elements of construction, planting, and irrigation for the entire project are complete. Project will not be segmented into maintenance phases, unless specifically authorized in writing by the Owner's authorized representative.

C. A longer plant establishment – maintenance period may be required if the turf is not thick, vigorous and even, or if the plant material is not acceptably maintained during the maintenance period. The maintenance period may be suspended at any time upon written notice to the Contractor that the landscaping is not being acceptably maintained, and the day count suspended until the landscape is brought up to acceptable standards as determined by the Owner's Representative.

D. Contractor shall furnish all labor, material, equipment, and services required to maintain the landscape in a healthy and attractive until the Notice of Completion is approved by Resolution.

E. Maintenance shall include fertilization, watering, insect and disease control, weed control, weekly trash removal, mulching, restaking trees, tightening of guys, resetting plants to proper grades or upright position, and restoration of watering basins.

F. Maintenance of grass areas shall consist of fertilizing, watering, weeding, mowing, repair of all erosion, and reseeding as necessary to establish a uniform stand of the specified grasses. Areas and parts of areas which fail to show a uniform stand of grass for any reason shall be (reseeded or) resodded until all areas are covered with a satisfactory stand of grass. (Mulch reseeded areas with 1/4 in. of specified peat moss).

G. The Contractor's maintenance period will be extended if the provisions required within the plans and specifications are not filled.

H. General Requirements:

1. Keep all walks and paved areas clean. Keep the site clear of debris resulting from landscape work or maintenance.

2. Repair all damaged planted areas, and replace plants and reseed or resod grass immediately upon discovery of damage or loss.

3. Check sprinkler system at each watering; adjust coverage and clean heads immediately.

Adjust timing of sprinkler controller to prevent flooding.

4. Keep Contract area free from weeds by cultivating, hoeing or hand pulling. Use of chemical weed killers will not relieve the Contractor of the responsibility of keeping areas free of weeds over 1-inch high at all times.

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5. Settlement: Reset plants that shift or settle before end of maintenance period. Crowns of trees shall be at the following minimum height above surrounding finish grade at end of maintenance period: 24 inch box and smaller - 2 inches.

6. Protect all areas against damage, including erosion and trespass, and provide proper safeguards. Maintain and keep all temporary barriers erected to prevent trespass.

I. Tree, Shrub and Ground Cover Maintenance:

1. Maintain during the entire establishment period by regular watering, cultivating, weeding, repair of stakes and ties, and spraying for insect pests. Prune when requested by the Owner's Representative.

2. Keep watering basins in good condition and weed-free at all times.

3. Replace all damaged, unhealthy or dead trees, shrubs, vines and ground covers with new stock immediately, size as indicated on the drawings.

J. Turf:

1. Maintain during the entire establishment period. Cut as frequently as growth of grass requires. Cut to a height of two inches (2"), unless otherwise directed by the Owner's Representative.

2. Maintain appropriate soil moisture at all times for healthy and vigorous turf grass.

3. Trim edges of turf at paving and header boards at time of second cutting, and at each later cutting.

4. Keep the designated area under trees free of turf at all times. Do not create low area around base of tree.

5. Keep turf areas free of undesirable weeds and grasses by the application of suitable selective weed killers or hand pulling.

6. Reseed all damaged areas as soon as evident.

7. Repair any hollow, settled or eroded areas by filling, rolling and resodding.

K. Non-irrigated Erosion Control Areas: To be watered by winter rains.

L. Watering:

1. All plants shall be kept watered as often as it is necessary to keep them in optimum, vigorous growth. The turf shall, at no time, show a lack of fresh green color or a loss of resilience due to lack of water. Watering shall be done preferably during the early morning hours.

2. Water shall be controlled so that there will be no excessive run-off, ponding, or overwatering.

M. Root Growth: Periodically the Contractor shall check the progress of the root growth within the back fill area. As the root growth increases beyond the root ball, the frequency of watering shall be reduced so that the roots are encouraged to grow to a lower soil depth. Watering then shall be less frequent, but applications shall be very slow and the Contractor shall assure himself that water does penetrate to the depth of the former plant pit.

N. Weed Control:

1. Weeds shall be kept under control, either by hand or by the application of herbicides designed for use on any type of weeds invading the planting areas.

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2. All equipment used for herbicides shall be properly cleaned before it is used on this project.

Herbicides shall be applied at temperatures recommended by the manufacturers.

Herbicides shall not be used during windy or gusty days. All possible precautions shall be taken to protect vegetation which is susceptible to damage from the particular herbicides to be used.

3. The bases of all plants shall be kept completely free of weeds. Periodically, the base of the trees and shrubs shall be cultivated in order to allow better penetration of water, but such cultivation shall be carefully done in order not to destroy surface roots.

O. Mowing:

1. All mowing shall be done in a neat and orderly manner. Equipment shall be moved onto and off the area to be mowed in such a manner that it will not leave tracks or marks that detract from the finish turf. Timber shall be provided to move equipment over curbs, stairs, or similar constructions.

2. Mowing equipment shall be kept in optimum operating condition. The equipment shall be washed before initial use on the project so that there will be no chance of introducing foreign seeds or diseases onto the project.

3. Frequency of mowing shall be determined by the rate of growth of the grass. During seasons of peak growth mowing may have to be done every five days to six days; under normal conditions once a week should be adequate.

4. The average mowing height shall be 1-1/2". The grass blades must be cut sharply and cleanly. The turf must be cut evenly so that no ridges remain in the finish cut. The direction of mowing shall be alternated each time.

P. Spraying:

1. All shrubs and trees shall be inspected at least twice a month during the growing period to determine the need for spraying to control insect damage, fungus development or any other disease that might be attacking the plants. Preventative spraying shall be done only with the approval of the Owner's Representative.

2. Operators of spray equipment shall take all reasonable precautions to protect themselves, other people and buildings from spray. The Contractor shall have all permits and licenses required for such an operation. Where applicable, dormant spray shall be applied to shrubs and trees during the winter period.

3. All equipment shall be properly washed before and after use.

4. No spraying shall take place during windy or gusty days.

Q. Staking and Guying: Stakes and guys shall be inspected a minimum of two times a month to assure that the wires and ties are tight and no damage has occurred to the tree trunk or branches.

R. Fertilizing:

1. Upon approval and after submitting fertilizer delivery tags, top dress all turf and ground cover areas by broad-casting 12-8-16 fertilizer at the rate of 7 lbs. per 1,000 square feet evenly throughout, and reapply every forty-five (45) days until acceptable or as appropriate to prevailing climatic conditions and type of plant or turf grass.

2. Apply ammonium sulfate fertilizer as necessary to maintain vigorous, green grass between fertilizing mentioned above.

S. Litter:

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1. The Contractor shall remove promptly after pruning, trimming, and weeding or other work required under the contract, all debris generated by his performance of the work.

Immediately after working in the areas of public walks, driveways or paved areas, they shall be vacuumed clean with suitable equipment. All areas covered by this contract shall be kept free of the following items: bottles, cans, paper cardboard or metallic items.

Common debris and litter shall be disposed of in an appropriate manner.

T. Pruning:

1. Prune as necessary to remove injured twigs and branches, dead wood, and suckers.

3.16 FINAL PLANTING REVIEW AND WRITTEN ACCEPTANCE (TURN OVER

ACCEPTANCE)
A. Final Review: At the conclusion of the planting establishment period, schedule a final review for Final Written Acceptance/Turn Over Acceptance. The conference shall include the Owner. Any discrepancies shall be noted at that time and the Contractor shall make appropriate corrections before the Final Written Acceptance of the work and the beginning of Guarantee Period is established.

B. Final Written Acceptance/Turn Over Inspection: A conference including the Owner shall be held at the completion of all project improvements and all corrective work. The Contractor shall continue to maintain the project at his own expense until all deficiencies have been corrected.

Once completed, the Contractor shall request the Owner's Representative and Owner to visit the site and approve the project as complete. The Owner's Representative will accept the landscape project in writing. The date of the Final Written Acceptance letter shall be the first day of the guarantee period.

C. Prior to either review, weed and rake all planted areas, repair plant basins, mow and edge turf, plumb tree stakes, clear the site of all debris and present in a neat, orderly manner.

D. Submit written notice requesting review at least 5 days before the anticipated review.

3.17 GUARANTEE AND REPLACEMENT
A. Guarantee period shall be extended for a period of one year from the date of Final Written Acceptance.

B. All plants shall be guaranteed to be alive and healthy as determined by the Owner's Representative at the end of the guarantee period.

C. Plant materials supplied by Owner shall be under similar warranty against defective workmanship during the planting operations. Plant material exhibiting conditions which are determined by the Owner's Representative as being unacceptable, due to workmanship by the Contractor, shall be replaced at no additional cost to the Owner.

D. The Contractor shall replace, in accordance with the Drawings and Specifications throughout the guarantee period, any plants that die, or in opinion of the Owner's Representative, are in an unhealthy or unsightly condition, and or have lost their natural shape due to dead branches, excessive pruning, inadequate or improper maintenance, or any other causes due to the C.11.b
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Contractor's negligence. The Contractor shall not be held responsible for acts of vandalism occurring after the beginning of the guarantee period.

END OF SECTION 32 90 00
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Packet Pg. 327 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) City of Brentwood 2021/22 – 2025/26 Capital Improvement Program Project Title: Project #:

Deer Ridge Frontage Landscaping 352-52440
Description/Justification:

This project will convert the landscaping of fourteen (14) sites throughout the Deer Ridge neighborhood, including the Deer Ridge entry area, from private maintenance responsibility to City of Brentwood maintenance responsibility. The project will require infrastructure and landscape improvements to be made to these areas to bring them into compliance with City of Brentwood standards. Thirteen (13) of these sites are currently within the public right-of-way along the golf course street frontages, and one (1) site, the Deer Ridge entry area at Foothill Drive is currently owned by World Business Academy and Deer Ridge Golf. These two (2) separate parcels will be dedicated to the City of Brentwood by the owners.

Supplemental Information:

The property owners of the Deer Ridge neighborhood affirmed the formation of a new Landscape and Lighting Assessment District (LLAD) with a favorable vote and the City Council took action to form LLAD 21-1 (Deer Ridge Landscape Improvements).

The City Council approved a long-term interfund loan to provide capital funds for the majority of the construction cost, $722,476, to be repaid by the residents of LLAD 21-1 over 10 years. The remaining costs of the project will be paid for by the General Fund.

PROJECT EXPENDITURES Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 70239 Legal 28,700 $ 28,700
90040 Planning and Design 73,900 7,500 $ 81,400
70240 Construction 1,043,453 $ 1,043,453
TOTAL $ 102,600 $ 1,050,953 $ 1,153,553
PROJECT FUNDING Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 47100 General Fund 102,600 328,477 $ 431,077
Interfund Loan LLAD21-1 722,476 $ 722,476
TOTAL $ 102,600 $ 1,050,953 $ 1,153,553

PROJECT FINANCING CURRENT PROPOSED
Project Category: Parks and Trails Improvements
Location: Deer Ridge Neighborhood-14 sites
Project Manager: J. Odrzywolski
Project Priority: 3A - Desired
Project Phase: Construction
Est. Completion Date: 2021/22
Future Annual
O&M Impact: $19,000
Public Art
Requirement: None
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Packet Pg. 328 Attachment: Deer Ridge CIP Sheet updated 4-12-2022 CQ [Revision 1] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) CITY COUNCIL AGENDA ITEM NO. 12
Meeting Date: April 26, 2022
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for Fiscal Year 2021/22, for a Total Not to Exceed Agreement Amount of $75,000
Prepared by: Joshua Ewen, Senior Analyst
Darin Gale, Assistant City Manager
Submitted by: Tim Ogden, City Manager

PURPOSE AND RECOMMENDATION
Dualhare Inc., DBA Weblative Marketing & Media (“Weblative”) has been serving as the City’s professional community relations and public information consultant since October 6, 2021.

Weblative works collaboratively with City staff regarding media and communication services, promotional efforts and messaging, and community engagement, on behalf of the City, in consultation with the City Manager’s Office. As of today’s meeting, costs expended under the agreement are approximately $47,704, and are expected to exceed the $50,000 threshold under the current agreement in FY 2021/22. Therefore, staff is requesting City Council approval to increase the agreement by $25,000. Denial of this action will result in a reduction of professional level community relations and engagement services available from the City to the Brentwood community.

Staff recommends the City Council adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for fiscal year 2021/22, for a total not to exceed agreement amount of $75,000.

CITY COUNCIL STRATEGIC INITIATIVE
Amended City of Brentwood Strategic Plan: Focus Area 6, Fiscal Stability and Operational Management, Goal 3, Educate the community items a. Initiate a redistricting process and c.

Produce a monthly City Newsletter.

PREVIOUS ACTION
On April 27, 2021, the City Council, by motion, approved the redistricting process which included an estimate of $15,000 to be used for public outreach, which was required as a part of the redistricting process.

On July 13, 2021, City Council approved the amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22 including key strategic priorities to focus on education and engagement with the community.

BACKGROUND
On October 6, 2021, the City Manager, under his signature authority, executed a Professional Services Agreement (“Agreement”) with Weblative for community relations services in the not to C.12
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exceed amount of $50,000. Weblative, a local Brentwood company, is highly experienced in public relations, marketing and digital media services. Weblative has assisted the City in a number of high profile community engagement services including the City Council Redistricting Process, City Newsletter, City website transition, City Council meeting notifications, and communications with residents and other special services and projects on behalf of citywide departments. During the past seven months, Weblative has also created media content to engage with the public on digital media platforms including promotional videos and has had an active management over the City’s social media accounts. Funding for these services has been available due the vacant Public Information Officer position in the City Manager’s Office.

Expected costs of these contracted community relations services is anticipated to be an additional $25,000 through June 30, 2022, bringing the total cost of the Agreement to $75,000.

The City Manager’s Office, and all other Departments, would continue to use these available services for community relations and engagement, dissemination of public information, management of City social media channels, community based marketing and other efforts and public relations initiatives as requested by City Council.

FISCAL IMPACT
The anticipated costs of services is expected to be an additional $25,000 through June 30, 2022. There are sufficient funds in the 2021/22 General Fund Operating Budget to accommodate the additional expenditure due to position vacancy savings in the City Manager division. The expenditure budget for these services for the FY 2022/23 will be included in the draft 2022/23 – 2023/24 General Fund Operating Budget, which will be presented for City Council consideration and direction at the Operating Budget Workshop on May 10, 2022.

Attachments:

Resolution 2022 - Amendment No. 1 to Professional Services Agreement - Community Relations Services
9 -- 002.11 - Amend Scope and Fees
Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services C.12
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO

THE PROFESSIONAL SERVICES AGREEMENT WITH DUALHARE,
INC., DBA WEBLATIVE MARKETING & MEDIA FOR COMMUNITY
RELATIONS SERVICES TO INCREASE IT BY $25,000 FOR FISCAL YEAR 2021/22, FOR A TOTAL NOT TO EXCEED AGREEMENT
AMOUNT OF $75,000
WHEREAS, On April 27, 2021, the City Council, by motion, approved the redistricting process which included an estimate of $15,000 to be used for public outreach, which was required as a part of the redistricting process; and
WHEREAS, On July 13, 2021, City Council approved the amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22 including key strategic priorities to focus on education and engagement with the community; and
WHEREAS, On October 6, 2021, the City Manager, under his signature authority, executed a Professional Services Agreement with Dualhare, Inc., DBA Weblative Media & Marketing for community relations services (“Agreement”) in the not to exceed amount of $50,000; and WHEREAS, Expected costs of these contracted community relations services is anticipated to cost an additional $25,000 through June 30, 2022, bringing the not to exceed total cost of the Agreement to $75,000; and
WHEREAS, There are sufficient funds in the 2021/22 General Fund Operating Budget to accommodate the additional expenditure due to position vacancy savings in the City Manager division.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute an Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for FY 2021/22, for a total not to exceed Agreement amount of $75,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of April 2022 by the following vote:

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Packet Pg. 331 Attachment: Resolution 2022 - Amendment No. 1 to Professional Services Agreement - Community Relations Services [Revision 2] (2662 :

City Attorney Approved Version 040821
AMENDMENT NO. 1 TO AGREEMENT FOR COMMUNITY RELATIONS SERVICES Dualhare, Inc. DBA Weblative Marketing and Media
This Amendment No. 1 is entered into and effective as of the ____ day of ___________________, 2022, amending the agreement dated October 6, 2021 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Dualhare, Inc., DBA Weblative Marketing & Media, a California Corporation (“Consultant") (collectively, the “Parties”) for community relations services.

RECITALS
A. The City has a need for additional community relations services; and B. The Parties have negotiated and agreed to increase the compensation to be paid to Consultant by $25,000.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. The total amount of compensation to be paid to Consultant under the Agreement is hereby increased by Twenty Five Thousand dollars ($25,000) for a total not to exceed Agreement amount of Seventy Five Thousand dollars ($75,000).

2. Except as amended herein, all provisions of the Agreement will remain in full force and effect.

3. All requisite insurance policies to be maintained by Consultant pursuant to the Agreement will include coverage for this Amendment.

4. The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. [Signatures on the following page]
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Packet Pg. 332 Attachment: 9 -- 002.11 - Amend Scope and Fees [Revision 1] (2662 : Amend PIO Services Contract 2022) City Attorney Approved Version 040821

5. Signatures.

5.1 Counterparts. This Amendment may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

5.2 Digital/Electronic Signatures. Using a City-approved method, this Amendment may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Amendment will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Printed Name: Emilio Cagadoc
Title: President
** By:

Printed Name: Nancy Mai
Title: Secretary
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney
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Packet Pg. 333 Attachment: 9 -- 002.11 - Amend Scope and Fees [Revision 1] (2662 : Amend PIO Services Contract 2022) PSA_City Attorney Approved Version 040821

AGREEMENT FOR COMMUNITY RELATIONS SERVICES
[Dualhare, Inc., DBA Weblative Marketing & Media]
THIS AGREEMENT is made and entered into as of the _____ day of __________________, 2021 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Dualhare, Inc., DBA Weblative Marketing & Media, a California Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in community relations services, which are professional services outside of services offered by City.

B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.

C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.

D. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Work.

1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services.

Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this

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Packet Pg. 334 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 2 PSA_City Attorney Approved Version 040821
Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control.

On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will be effective for a period of one year from the date first above written.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of fifty thousand dollars and zero cents ($50,000.00) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the

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Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City.

Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

9. Indemnification. Consultant will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any act or omission of the Consultant, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional

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Packet Pg. 336 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 4 PSA_City Attorney Approved Version 040821
insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

11. Business License. Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work

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Packet Pg. 337 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 5 PSA_City Attorney Approved Version 040821
Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

14. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5122
Attn: Diane Williams
For Consultant:

Name: Dualhare, Inc. DBA Weblative
Marketing & Media
Title: Nancy Mai, Proprietor
Address: 2420 Sand Creek Road, C-1 #253
Brentwood, CA 94513
Phone No.: 650-267-0267
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

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Packet Pg. 338 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 6 PSA_City Attorney Approved Version 040821

19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

21. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

22. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

23. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

24. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

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Packet Pg. 339 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 7 PSA_City Attorney Approved Version 040821

25. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

28. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

30. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

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Packet Pg. 340 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 8 PSA_City Attorney Approved Version 040821

31. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

32. Signatures.

32.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

32.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:

By:

Emilio Cagadoc, President
By:

Nancy Mai, Secretary
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney

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Packet Pg. 341 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 9 PSA_City Attorney Approved Version 040821
EXHIBIT “A”

SCOPE OF SERVICES
Consultant will perform the following tasks, at the prices indicated below:

Communication Goals

1. Work collaboratively with City staff to discuss upcoming events, information, initiatives or public announcements to coordinate and administer a consistent message on the City’s communication platforms. Strategize the most effective ways to distribute information. This may be in the form of a video, website content, articles, engaging creatives, earned media coverage, newsletter, survey, print, television or broadcast.

2. Strengthen the community by celebrating positive contributions of active community organizations or individuals of Brentwood that have positively contributed to the community. Such content will build engagement, promote communication with the City’s audience and increase followers.

3. Promote events or meetings organized by the City, local non-profit organizations, and local businesses.

These efforts elevate businesses and non-profit organizations while keeping residents engaged and informed about local happenings.

4. Integrating video into the City’s current communication channels can be effective in educating residents and business owners about City operations, programs, and initiatives. An informed resident will feel empowered and will most likely participate in the community decision-making process.

5. Improve resident’s perception of City staff and departments by highlighting achievements and initiatives. Telling the stories of the hard work and contribution from each department will build community trust, and improve employee morale while fostering positive conversations between City and residents.

6. Implement real-time reputation monitoring of the City to gain insight on public feedback about issues, initiatives, and trending topics. The additional knowledge will aid the pursuit in creating and maintaining a positive and elevated reputation for the City.

7. Build and maintain media relations. Support press releases with relevant media content such as photos or videos.

Schedule of Rates
Initial Set-up Fee: $3000
Tasks include:
• Audit Digital Communication Channels
• Organize security and permissions across all digital channels • Meet with City staff from all departments to gain insight into their needs and current communication challenges.
• Implement trackable links for digital and print media • Create a baseline report on past communication efforts Hourly Rate: $100
Availability: 15 - 25 hours a week
After 3 months, there should be enough insight for Consultant to present a communication process and a communications calendar to City staff.

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Packet Pg. 342 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services 10 PSA_City Attorney Approved Version 040821
Video Pricing Model:

Video has proven to be the most effective communication tool. Utilizing videos in the City’s communication will enhance the effectiveness of the City’s messaging and significantly improve community engagement. The pricing below is discounted with an ongoing contract.

Video Pricing Model
Cost Deliverables
$1200-$1500 1 Minute Produced Video
- Delivery of 1090i, video filmed in 4k
- Licensed music included for digital platforms (Television Broadcast license can be added for an additional fee) - Up to 2 locations - May include animation and sound eơects
- Multiple camera angles
- May include time-lapse
$1500 - $1800 1 - 2 minute Produced Video
- Delivery of 1090i, video filmed in 4k
- Licensed music included for digital platforms (Television Broadcast license can be added for an additional fee) - Up to 2 locations - May include animation and sound eơects
- Multiple camera angles
- May include time-lapse
$2000 and up Longer than 2 minutes
*pricing will be provided once project goals and objectives are finalized
$2500 and up 3D Renderings or Fully Animated Videos
*pricing will be provided once project goals and objectives are finalized

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Packet Pg. 343 Attachment: Professional Services Agreement - Dualhare Inc DBA Weblative Community Relations Services (2662 : Amend PIO Services CITY COUNCIL AGENDA ITEM NO. 13
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving the purchase and installation of playground equipment for Sunset Park, and authorizing the City Manager or his designee to execute a contract in the amount of $335,761 with Park Planet through an OMNIA Cooperative Purchasing Agreement for Sunset Park Playground Replacement, Capital Improvement Program ("CIP") Project No. 352-52437 and amending the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget.

Prepared by: Aaron Wanden, Parks Maintenance Manager
Brian Johnson, Park/Maintenance Supervisor
Submitted by: Bruce Mulder, Director of Parks & Recreation

PURPOSE AND RECOMMENDATION
Sunset Park has two play equipment sites that were constructed in 2005. The replacement is based on the industry standard 15-20 year life expectancy and both play areas are showing signs of excessive wear and tear. In addition, many replacement parts for the existing structures have become difficult to obtain. Replacement of the play equipment is necessary to maintain a safe and inviting playground for the users of the park.

Adopt a Resolution approving the purchase and installation of playground equipment for Sunset Park, and authorizing the City Manager or his designee to execute a contract in the amount of $335,761 with Park Planet through an OMNIA Cooperative Purchasing Agreement for Sunset Park Playground Replacement, CIP Project No. 352-52437 and amending the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
On June 12, 2018, by Resolution No. 2018-77, City Council adopted the City’s 2018/19 and 2019/20 Operating Budget.

On May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (“CIP”) which included the Sunset Park Playground Replacement Project, CIP Project No. 352-52437 (the “Project”).

On June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 – 2024/25 CIP.

On June 23, 2020, by Resolution 2020-85, City Council amended 2019/20 Operating Budget and adopted the 2020/21 – 2021/22 Operating Budget.

On August 25, 2020, City Council voted to postpone the Project to Fiscal Year 2021/22 and did not approve the contract for playground replacement at Sunset Park Athletic Complex.

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On May 25, 2021, by Resolution 2021-59, City Council adopted the 2021/22 – 2025/26 CIP which includes the Project.

BACKGROUND
The Parks and Recreation Department established the CIP, Parks Play Equipment Replacement Project, CIP Project No. 352-52410, as the need was identified to replace aging play equipment. This CIP number applied to all previous play equipment replacement projects, including Apple Hill Park, McClarren Park, and Summerwood Park. In Fiscal Year 2012/13, the CIP was revised to address specific parks, with site specific CIP numbers. The Sunset Park Playground Replacement Project has been assigned CIP Project Number 352-52437. The current, approved budget for this playground replacement is $309,000.

Sunset Park has two play equipment sites that were constructed in 2005. Currently one play area is designed for 5-12 year old children. The second play area is a tot lot designed for 2-5 year olds. The projected replacement is based on the industry standard 15-20 year warranty period and life expectancy for play structures of this type. Both of these play areas are currently over 17 years old, and due to their location at the sports complex, are heavily used. All structures in both play areas are showing signs of excessive wear and tear on the features, as well as color fade due to age and exposure to the elements. In addition to the wear and tear to the play elements, many replacement parts for the structure have become difficult to obtain.

On February 8, 2022, ad-hoc committee members Vice-Chair Kevin Peltz and Commissioner Blythe Lind, along with staff, reviewed the initial conceptual designs submitted by three separate vendors that included Park Planet, ROSS Recreation, and Specified Playground Equipment Company. After reviewing various renditions provided by each of the three vendors, Park Planet was able to provide the most challenging and unique conceptual designs for the play structures as requested without sacrificing the high standards the City of Brentwood has for playground structures. Upon further review and discussion of the Park Planet conceptual design and estimate, the ad-hoc committee directed staff to work with Park Planet on the following issues:
 The proposal was above budget and staff worked with Park Planet on revising the proposal to come within budget.
 Rubberized surfacing is desired, where applicable.
 Panels should be kept simple, non-electronic and placed on structures, if possible. If panels can be placed on structure siding, would like to see an option for the stand alone panels area such as spring toy or other vendor recommendation.  The 2-5 year old structure in section B seems a little too boring and could use some minor adjustments, if possible, without increasing dollar amount.  Possible price reduction by eliminating a rope climbing section of the main play structure in section C. Replace with standalone or attached spinner type device or vendor recommendation.

On March 11, 2022, staff received the updated conceptual design and estimate from Park Planet, and after reviewing and confirming the items in the documents with the vendor, proceeded to send the information to the ad-hoc committee on March 15, 2022. After reviewing the documents, the ad-hoc committee agreed that the vendor had addressed the issues sufficiently and the project was ready for the full commission to discuss and take action.

On March 24, 2022, the Park and Recreation Commission voted to make a recommendation to City Council to award the contract to Park Planet as Park Planet is the most responsive C.13
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company that was able to provide the most innovative and attractive design for this Project.

Since staff first brought the proposed award of contract to City Council in August 2020, pricing for playground structures has significantly increased. As such, staff is requesting an amendment to the 2021/22 – 2025/26 CIP to increase the Project amount to $337,000 for this Project and to amend the 2021/22 Operating Budget to make the necessary funding transfer.

The City is able to purchase equipment from Park Planet through an OMNIA Cooperative Purchasing Agreement, as described in Section 4.4 Cooperative Purchasing Agreements of the City’s Purchasing Policy 10-7, which allows for these types of purchase to be accomplished without the City soliciting competitive quotes. This playground has features for both the 2-5 year old and 5-12 year old age groups. Work also includes the installation of rubberized safety surfacing. Concept plans are attached to show what features the play equipment will have.

It is the Park and Recreation Commission’s recommendation to purchase the playground apparatus from Park Planet, and to move forward with the Project. Estimated delivery of the play equipment from the manufacturer is 4 to 6 weeks from the date of order. The estimated time for completion of this Project is August 2022.

FISCAL IMPACT
Funding for the Sunset Park Playground Replacement Project, CIP Project No. 352-52437, is included in the amended 2021/22 – 2025/26 CIP with an approved budget of $309,000. Staff is recommending amending the 2021/22 – 2025/26 CIP to include an updated Project amount of $337,000 and amending the 2021/22 Operating Budget to allow for the additional funding transfer of $28,000. This Project is funded through the Parks and Landscape and Lighting Assessment District Replacement fund.

Maintenance of this park is funded by the Citywide Park Assessment District and is part of the adopted 2020/21 – 2021/22 Operating Budget.

Attachments:

Resolution
CIP Sheet
Conceptual Plan
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING THE PURCHASE AND INSTALLATION OF PLAYGROUND

EQUIPMENT FOR SUNSET PARK, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT IN THE
AMOUNT OF $335,761 WITH PARK PLANET THROUGH AN OMNIA

COOPERATIVE PURCHASING AGREEMENT FOR SUNSET PARK

PLAYGROUND REPLACEMENT, CAPITAL IMPROVEMENT PROGRAM
(“CIP”) PROJECT NO. 352-52437 AND AMENDING THE FY 2021/22 – 2025/26 CIP AND THE 2021/22 OPERATING BUDGET.

WHEREAS, on June 12, 2018, by Resolution No. 2018-77, City Council adopted the City’s 2018/19 and 2019/20 Operating Budget; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 CIP which included the Sunset Park Playground Replacement Project, CIP Project No. 352-52437 (the “Project”); and
WHEREAS, on June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 – 2024/25 CIP; and
WHEREAS, on June 23, 2020, by Resolution 2020-85, City Council amended 2019/20 Operating Budget and adoped the 2020/21 – 2021/22 Operating Budget; and WHEREAS, on August 25, 2020, City Council voted to postpone the project to Fiscal Year 2021/22 and did not approve the contract for playground replacement at Sunset Park Athletic Complex; and.

WHEREAS, on May 25, 2021, by Resolution 2021-59, City Council adopted the 2021/22 – 2025/26 CIP which includes the Project; and
WHEREAS, it is the Park and Recreation Commission’s recommendation to purchase the playground apparatus from Park Planet through the OMNIA cooperative purchasing agreement and move forward with the Project; and
WHEREAS, the City is able to purchase equipment through a cooperative purchasing agreement, as described in Section 5.4 Cooperative Purchasing Agreements of the City’s Purchasing Policy 10-7, which allows for these types of purchases to be accomplished without the City soliciting competitive quotes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approving the purchase and installation of playground equipment for Sunset Park, and authorizing the City Manager or his designee to execute a contract in the amount of $335,761 with Park Planet through an OMNIA Cooperative Purchasing Agreement for Sunset Park Playground Replacement, CIP Project No. 352-52437 and amending the FY 2021/22 – 2025/26 CIP for the updated project sheet and the 2021/22 Operating Budget to allow for the associated funding transfer.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on April 26, 2022, by the following vote:

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Packet Pg. 347 Attachment: Resolution [Revision 1] (2664 : Sunset Park Playground Replacement) 26 City of Brentwood 2021/22 – 2025/26 Capital Improvement Program Project Title: Project #:

Sunset Park Playground Replacement 352-52437
Description/Justification:

Replace play equipment in Sunset Park to meet current ADA accessibility guidelines and Consumer Product Safety Commission guidelines. Resilient safety surfacing in playground areas will be renovated. Replacement play equipment parts can become unavailable and may create a situation where the playgrounds no longer meet either the current Consumer Product Safety Commission guidelines on safety or the current ADA guidelines. The play equipment at Sunset Park was constructed in 2005.

Supplemental Information:

The City's goal is to bring older park play equipment up to current requirements and standards. This park is located in the 98- 1 Citywide Park Assessment District.

PROJECT EXPENDITURES Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 90050 Construction 337,000 $ 337,000
TOTAL $ 337,000 $ 337,000
PROJECT FUNDING Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 47708 337,000 $ 337,000
TOTAL $ 337,000 $ 337,000

PROJECT FINANCING CURRENT PROPOSED
Replacement - Parks and LLAD
Project Category: Parks and Trails Improvements
Location: Sunset Road and Garin Parkway
Project Manager: B. Johnson
Project Priority: 1C - Mandatory
Project Phase: Preliminary
Est. Completion Date: 2021/22
Future Annual
O&M Impact: $0
Public Art
Requirement: Exempt
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Packet Pg. 368 Attachment: Conceptual Plan (2664 : Sunset Park Playground Replacement) CITY COUNCIL AGENDA ITEM NO. 14
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement for the disposal of biosolids services with Potrero Hills Landfill, Inc., a subsidiary of Waste Connections, Inc., in the amount of $100,000 for a total not to exceed agreement amount of $150,000; and to execute a second amendment to the agreement for hauling of biosolids services with Lone Tree Trucking, Inc., in the amount of $30,000 for a total not to exceed agreement amount of $405,000.

Prepared by: Casey Wichert, Assistant Director of Public Works, Operations Philip McKinney, Wastewater Manager
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
Public Works is seeking to increase the agreement amounts for biosolids disposal services with the City’s secondary contracted vendor, Potrero Hills Landfill, Inc., a subsidiary of Waste Connections, Inc., (Potrero) and hauling of biosolids services with Lone Tree Trucking, Inc. The Wastewater Treatment Plant (WWTP) utilizes Potrero as a secondary vendor when the primary vendor, Republic Services, Inc., – Vasco Road Landfill (Republic Services), is unable to accept the biosolids truck loads for disposal, for various reasons. Staff recommends the adoption of a Resolution to execute an amendment to the agreement for the disposal of biosolids services with Potrero in the amount of $100,000 for a total not to exceed agreement amount of $150,000; and to execute a second amendment to the agreement for hauling of biosolids services with Lone Tree Trucking, Inc. in the amount of $30,000 for a total not to exceed agreement amount of $405,000.

CITY COUNCIL STRATEGIC INITIATIVE
None.

PREVIOUS ACTION
On June 22, 2021, by Resolution No.2021-74, the City Council approved and authorized the City Manager to execute the City’s Purchase Orders, Change Orders, and/or Agreements with specified vendors, which included Lone Tree Trucking, Inc. for a total not to exceed agreement amount of $190,000 for FY 2021/22.

On 01/25/22, by Resolution No. 2022-09, the City Council approved the amended 2020/21- 2021/2022 Operating Budget, which included increasing Republic Services’ total not to exceed agreement amount to $380,000.

BACKGROUND
As part of the budget adoption, City staff includes amounts for the hauling and disposal of biosolids from the WWTP. Staff uses various assumptions, operational factors, and growth projections to estimate expenditures for the two year budget cycle.

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As part of the WWTP process, a solid material byproduct known as biosolids is produced and requires disposal. Biosolids are mechanically loaded directly in to trailers provided by the hauling provider, Lone Tree Trucking, and hauled to a landfill on a near daily basis.

The Wastewater Division requested quotes from multiple vendors and received quotes from two, Republic Services and Potrero. Republic Services provided the lowest quote, was the closest geographic disposal site, and thus was selected to be the primary vendor for biosolids disposal services. The City’s Purchasing Policy, section 5.2 Alternate Vendor allows, with Department Director approval, the use of an alternate vendor in the event the lowest bidder is unable to provide the goods or services. As the only other respondent, Potrero was selected as the alternate vendor.

Staff was recently notified by Republic Services that they may no longer be able to provide for the disposal of the City’s biosolids due to new regulatory limits. Staff has reason to believe the primary vendor may be unavailable for the remainder of the fiscal year. In the event this happens, the secondary vendor would be able to provide the service; however, an amendment to Potrero’s existing contract is necessary to provide sufficient funding to cover the additional cost of the service for the duration of the fiscal year.

With Potrero being a greater distance from the City than Republic Services, staff is also requesting to increase the Lone Tree Trucking agreement by $30,000 for fiscal year 2021/22 for a not to exceed agreement amount of $405,000 to account for the increased distance the biosolids must be hauled, bridge tolls, and gas surcharges.

FISCAL IMPACT
The total requested amendment increase amount of $130,000 ($100,000 with Potrero and $30,000 with Lone Tree Trucking) for fiscal year 2021/22, will be funded through the Wastewater Enterprise 2021/22 Operating Budget which has sufficient budget to cover the requested amendments. A portion of the increased amendment amounts will be offset by not utilizing the primary vendor, Republic Services.

Attachments:

Resolution
Agreement Amendment - Potrero
Agreement Amendment - Lone Tree Trucking
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE AN AMENDMENT TO THE AGREEMENT FOR THE DISPOSAL OF BIOSOLIDS SERVICES WITH POTRERO HILLS LANDFILL, INC., A SUBSIDIARY OF WASTE CONNECTIONS, INC., IN THE AMOUNT OF $100,000 FOR A TOTAL NOT TO EXCEED AGREEMENT AMOUNT OF $150,000; AND TO EXECUTE A SECOND

AMENDMENT TO THE AGREEMENT FOR HAULING OF BIOSOLIDS SERVICES WITH LONE TREE TRUCKING, INC., IN THE AMOUNT OF $30,000 FOR A TOTAL NOT TO EXCEED AGREEMENT AMOUNT OF $405,000.

WHEREAS, on June 22, 2021, by Resolution No.2021-74, the City Council approved and authorized the City Manager to execute the City’s Purchase Orders, Change Orders, and/or Agreements with specified vendors, which included Lone Tree Trucking, Inc. for a total not to exceed agreement amount of $190,000 for FY 2021/22; and WHEREAS, on 01/25/22, by Resolution No. 2022-09, the City amended the 2020/21- 2021/2022 Operating Budget, which included increasing Republic Services total not to exceed agreement amount to $380,000; and
WHEREAS, as part of the budget adoption, City staff includes budgeted amounts for the hauling and disposal of biosolids from the Wastewater Treatment Plant (WWTP); and WHEREAS, the biosolids from the WWTP are mechanically loaded directly in to trailers provided by the hauling provider, Lone Tree Trucking, and hauled to the landfill on a near daily basis; and
WHEREAS, the Wastewater Division requested quotes from multiple vendors, and ultimately contracted with Republic Services, Inc., – Vasco Road Landfill (Republic Services) to be the primary vendor for biosolids disposal services; and WHEREAS, the City’s Purchasing Policy, section 5.2 Alternate Vendor allows, with Department Director approval, the use of an alternate vendor in the event the lowest bidder is unable to provide the goods or services; and
WHEREAS, City staff was recently notified by Republic Services that they may no longer be able to provide for the disposal of the City’s biosolids due to new regulatory limits; and in response, the Wastewater Division contracted with Potrero Hills Landfill, Inc. (Potrero), the second lowest bid respondent, as a secondary biosolids disposal vendor; and WHEREAS, staff has reason to believe the primary vendor may be unavailable for the remainder of the fiscal year; and
WHEREAS, the secondary vendor would be able to provide the service; however, an amendment to Potrero’s existing contract in the amount of $100,000 for a total not to exceed agreement amount of $150,000 is necessary to provide sufficient funding to cover the additional cost of the service for the duration of the fiscal year; and WHEREAS, with Potrero being a greater distance from the City than Republic Services, staff is also requesting to increase the Lone Tree Trucking agreement by $30,000 for a not to C.14.a
Packet Pg. 371 Attachment: Resolution (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) exceed agreement amount of $405,000 to account for the increased distance, bridge tolls, and gas surcharges; and
WHEREAS, the total requested amendment increased amounts of $130,000 ($100,000 with Potrero and $30,000 with Lone Tree Trucking) will be funded through the Wastewater Operating Budget which has sufficient funds.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute an amendment to the agreement for the disposal of biosolids services with Potrero Hills Landfill, Inc., a subsidiary of Waste Connections, Inc., in the amount of $100,000 for a total not to exceed agreement amount of $150,000; and to execute a second amendment to the agreement for hauling of biosolids services with Lone Tree Trucking, Inc. in the amount of $30,000 for a total not to exceed agreement amount of $405,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on 26th day of April 2022 by the following vote:

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Packet Pg. 372 Attachment: Resolution (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) C.14.b
Packet Pg. 373 Attachment: Agreement Amendment - Potrero (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) C.14.b
Packet Pg. 374 Attachment: Agreement Amendment - Potrero (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) C.14.c
Packet Pg. 375 Attachment: Agreement Amendment - Lone Tree Trucking (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) C.14.c
Packet Pg. 376 Attachment: Agreement Amendment - Lone Tree Trucking (2665 : Approve Amendments for Biosolids Hauling and Disposal Services) CITY COUNCIL AGENDA ITEM NO. 15
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving the recommendation of the Park and Recreation Commission to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).

Prepared by: Joe Odrzywolski, Parks Planner
Submitted by: Bruce Mulder, Director of Parks & Recreation

PURPOSE AND RECOMMENDATION
The purpose of this action is to assign a park name to a new park as prescribed in Council/Administrative Policy 50-1, Naming/Dedication of City Facilities.

Adopt a Resolution approving the recommendation from the Park and Recreation Commission to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
On June 12, 2001, the City Council approved Administrative Policy 50-1 regarding the Naming/Dedication of City Facilities.

On March 24, 2022, the Park and Recreation Commission approved, and recommended for approval by the City Council, assignment of the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).

BACKGROUND
City of Brentwood Council/Administrative Policy No. 50-1 addressing the Naming/Dedication of City Facilities, dated July 17, 2001, was approved by the City Council on June 12, 2001 at public hearing. This policy charges the Park and Recreation Commission with making recommendations to the City Council for the naming of City facilities (parks, open space, trails, recreation facilities, buildings, amenities, etc.), with final approval by the City Council, and provides the basic guidelines by which the names of City facilities are chosen. Per the guidelines, park and facility names should be considered in a manner that provides easy and recognizable reference for the City’s residents, customers and maintenance crews.

On March 24, 2022, the Park and Recreation Commission approved assigning the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982). Several other park names were considered and the Commission chose the recommended name for this park based on its location on the north side of Sand Creek and its unobstructed view of a long segment of the Sand Creek Trail which is located on the south side of Sand Creek. This park when constructed and accepted will add 2.36 acres to the City’s park acreage inventory. It should be noted that the Tentative Map for Subdivision 8982 was approved by the Planning Commission in 2006. It should also be noted that in the C.15
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Conditions of Approval for this subdivision, it is specifically stated that the developer will not receive Development Fee reimbursement for dedication and construction of this park. See the attached exhibits showing the context of the park location and Conceptual Park Plan recently approved by the Commission.

FISCAL IMPACT
There is no fiscal impact associated with the assigning of a name to a new park. This park will be constructed by the project developer and, as required by Parks and Recreation Department standards and City of Brentwood Standard Plans, monument signs will be provided at the time of construction. Following completion of the construction, the City Council will accept maintenance responsibilities by separate action.

Attachments:
2018-04-10_CC_Park Names Policy 50-1
Parkside Villas.Location Exhibit
Parkside Villas.Conceptual Park Plan
2022-04-26_CC_Trailside Park Name RESO
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COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 1 of 4

CITY OF BRENTWOOD

PURPOSE
To define the policies, responsibilities and procedures associated with the naming of City facilities.

DEFINITIONS

1. “Buildings” are City-owned facilities that house employees or are otherwise used to conduct City business. Buildings may include, but are not limited to, the Civic Center, City Council Chambers, and Police facility.

2. “Support Facilities” are City-owned facilities that are used to support field operations.

Support facilities may include, but are not limited to, the corporation yard and pump stations.

3. “Park Sites” are City-owned parks, open space, and trail areas. Park sites include developed and undeveloped park areas and designated open space areas.

4. “Recreation Facilities and Amenities” are facilities/amenities used primarily for recreation and leisure activities, including, but not limited to, athletic fields, tennis/basketball courts, recreation centers, gazebos and meeting rooms.

POLICY

1. General. The policy of the City is to name facilities in a manner that will provide an easy and recognizable reference for the City’s customers. Therefore, naming options will always consider a name based on the facility’s geographic location. However, the policy also established conditions for the consideration of naming options based on other factors.

2. Geographic Location. Whenever possible, all City facilities will be named for their geographic location. The geographic location many be based on the identification of the facility with a specific place, neighborhood, major street, regional area of the City or the City itself if the facility is deemed to serve the entire community.

3. Other Considerations. Consideration of names for facilities may also include a prominent form of topography, a prominent plant, bush or tree and historical precedent.

Dedications:
a. Facilities or portions thereof, may be dedicated in memory, or honor of, individuals, groups or organizations. Dedications are encouraged to be in the form of facility improvements or enhancements:
b. Dedication may be in recognition of an outstanding service, a donation or contribution to the facility or community.
c. Dedication may be in memory of someone who has contributed to the facility or community.
d. Any individual, family, group or organization sponsoring a dedication or memorial must provide sufficient funds to purchase, install, and maintain any plaque or other form of label associated with the recognition. The dedication or memorial may take the form of a ceremony or other testimonial in honor of the person or group in question. e. The City will make every effort to preserve any dedication plaque or other dedicated object.

If necessary, due to repair of surround areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years, it may be removed by the City.

C.15.a
Packet Pg. 379 Attachment: 2018-04-10_CC_Park Names Policy 50-1 (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 2 of 4

CITY OF BRENTWOOD
f. If the dedication includes the gift or a tree or other plant the City will provide its regular standard of landscape care for the tree. If the tree does not survive, the City is not obligated to provide a replacement. If the dedication includes the gift of an object (e.g. bench, picnic table, play equipment), the City will provide its regular standard of care and maintenance for the object.
g. The City will not be responsible for upkeep, repair or replacement of any dedication or memorial plaque whose placement was not sponsored by the City. h. Dedication or memorial plaques may not be placed in or on City facilities without written City approval.
i. The Park and Recreation Commission will, on behalf of the City Council, oversee the provisions of this policy. The City Council will refer naming or dedications in public park, recreation and open space areas and facilities to the Commission for recommendation. j. The Park and Recreation Commission will initiate the naming of new facilities and their features. The City Council will be advised of dedications covered by this policy and asked to confirm facility names.

C.15.a
Packet Pg. 380 Attachment: 2018-04-10_CC_Park Names Policy 50-1 (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 3 of 4

CITY OF BRENTWOOD

NOMINATION FOR NAMING/DEDICATION OF FACILTIIES
DATE OF NOMINATION:

NOMINATOR:

ADDRESS:

PHONE:

RECOMMENDED NAME:

RECOMMENDED SITE:

IF A FAMILY MEMBER, WHAT IS THE RELATIONSHIP?
Please illustrate below the reasons for your nomination. Please be as complete as possible. Attach additional pages or supportive materials if needed to clarify the nomination.

Community-wide activities responsible for:

C.15.a
Packet Pg. 381 Attachment: 2018-04-10_CC_Park Names Policy 50-1 (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 4 of 4

CITY OF BRENTWOOD
Local clubs or organizations served:

School attended:

Major benefit(s) to the history of Brentwood:

Why are you nominating this person?

Submit form to: Park and Recreation Commission
City of Brentwood Parks and Recreation Department
708 Third Street
Brentwood, CA 94513
Phone: (925) 516-5444
C.15.a
Packet Pg. 382 Attachment: 2018-04-10_CC_Park Names Policy 50-1 (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval) C.15.b
Packet Pg. 383 Attachment: Parkside Villas.Location Exhibit (2668 : Seasons at Parkside 1"=40'
0 40 80 160

PRELIMINARY - NOT FOR CONSTRUCTION
1426 FOURTH STREET NAPA, CA 94559
(707) 252.6115 APPD BY REVISIONS DATE NO.

PARKSIDE VILLAS

BRENTWOOD, CALIFORNIA

CHECKEDDRAWNDESIGNED
DATE MAR. 18, 2022
JOB NO. 8120033.0
DESIGN REVIEW PLAN TRACT 8421 PRELIMINARY LANDSCAPE PLANS Copyright ©2021 Studio 1515 Landscape Architecture
OVERALL LANDSCAPE PLAN L-1.0

STREET TREES BOTANICAL NAME COMMON NAME SIZE WUCOLS
ACER RUBRUM 'OCTOBER GLORY' RED MAPLE 15 GAL. MOD
GINGKO BILOBA 'AUTUMN GOLD' MAIDENHAIR TREE - MALE ONLY 15 GAL MOD PISTACIA CHINENSIS 'KEITH DAVEY` CHINESE PISTACHE - MALE ONLY 15 GAL. LOW

ACCENT TREES BOTANICAL NAME COMMON NAME SIZE WUCOLS
ARBUTUS X `MARINA` ARBUTUS STANDARD 15 GAL. LOW
CHILOPSIS LINEARIS 'BURGUNDY' DESERT WILLOW 15 GAL LOW
LAGERSTROEMIA INDICA `DYNAMITE` DYNAMITE CRAPE MYRTLE 15 GAL. LOW

ACCENT SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
CHONDROPETALUM TECTORUM SMALL CAPE RUSH 5 GAL. LOW
HESPERALOE PARVIFLORA RED YUCCA 5 GAL. LOWPHORMIUM SPP. NEW ZEALAND FLAX 5 GAL. MOD

GRASSES BOTANICAL NAME COMMON NAME SIZE WUCOLS
CAREX DIVULSA EUROPEAN GREY SEDGE 5 GAL. LOW
FESTUCA MAIREI ATLAS FESCUE 1 GAL. LOWLOMANDRA SPP. MAT RUSH 1 GAL LOWMUHLENBERGIA RIGENS DEER GRASS 1 GAL. LOW

GROUNDCOVER BOTANICAL NAME COMMON NAME SIZE WUCOLS
HELIANTHEMUM NUMMULARIUM `HENFIELD BRILLIANT` HENFIELD BRILLIANT SUNROSE 1 GAL. MODLANTANA SPP. LANTANA 1 GAL LOWMYOPORUM P. 'PUTAH CREEK' MYOPORUM 1 GAL. LOWROSMARINUS O. 'PROSTRATUS' GROUNDCOVER ROSEMARY 1 GAL. LOW SCAEVOLA 'MAUVE CLUSTERS' FAIRY FAN FLOWER 1 GAL. LOW

LARGE SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
ARCTOSTAPHYLOS DENSIFLORA `HOWARD MCMINN` HOWARD MCMINN VINE HILL MANZANITA 5 GAL. LOW CARPENTERIA CALIFORNICA BUSH ANEMONE 5 GAL. LOW
DODONAEA VISCOSA `PURPUREA` PURPLE LEAFED HOPSEED BUSH 5 GAL. LOWLAVATERA MARITIMA TREE MALLLOW 5 GAL. LOWLEUCOPHYLLA T. 'COMPACTUM' DWARF TEXAS RANGER 5 GAL LOWRHAMNUS CALIFORNICA`EVE CASE` CALIFORNIA COFFEEBERRY 5 GAL. LOW

MEDIUM SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
CALLISTEMON `LITTLE JOHN` DWARF BOTTLEBRUSH 5 GAL. LOWCEANOTHUS 'VALLEY VIOLET' WILD LILAC 5 GAL. LOWCISTUS X SKANBERGII CORAL ROCKROSE 5 GAL. LOWSALVIA GREGGII AUTUMN SAGE 1 GAL LOWSALVIA LEUCANTHA MEXICAN BUSH SAGE 1 GAL. LOW TEUCRIUM F. 'COMPACTA' BUSH GERMANDER 5 GAL. LOW

SMALL SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
ERIGERON KARVINSKIANUS FLEABANE 1 GAL. LOWERIOGONUM GRANDE RUBESCENS RED BUCKWHEAT 1 GAL. LOW TEUCRIUM CHAMAEDRYS WALL GERMANDER 1 GAL. LOW
VERBENA LILACINA 'DE LA MINA' SAN PEDROS ISLAND VERBENA 1 GAL. LOW ZAUSCHNERIA CALIFORNICA ‘EVERETT’S CHOICE’ EVERETT`S CHOICE CALIFORNIA FUCHSIA 1 GAL. LOW N
SEE L-2.0 FOR PARK LANDSCAPING

FRONT YARD PLANT SCHEDULE
C.15.c
Packet Pg. 384
Attachment: Parkside Villas.Conceptual Park Plan (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval) 1"=30'
0 30 60 120

PRELIMINARY - NOT FOR CONSTRUCTION
1426 FOURTH STREET NAPA, CA 94559
(707) 252.6115 APPD BY REVISIONS DATE NO.

PARKSIDE VILLAS

BRENTWOOD, CALIFORNIA

BOTANICAL NAME/COMMON NAME SIZE WUCOLS

ARTEMISIA DOUGLASIANA / MUGWORT PLUGS, LOW

DESCHAMPSIA CALIFORNICA / CALIFORNIA HAIR GRASS PLUGS, LOWFESTUCA CALIFORNICA / CALIFORNIA FESCUE PLUGS, LOWFESTUCA IDAHOENSIS / IDAHO FESCUE PLUGS, LOW

JUNCUS EFFUSUS / COMMON RUSH PLUGS, LOWJUNCUS PATENS / CALIFORNIA GRAY RUSH PLUGS, LOW LEYMUS TRITICOIDES / WILD RYE PLUGS, LOWNASSELLA PULCHRA / PURPLE NEEDLE GRASS PLUGS, LOWRHAMNUS CALIFORNICA / CALIFORNIA COFFEEBERRY 1 GAL., LOWROSA CALIFORNICA / CALIFORNIA WILD ROSE 2 GAL., LOWRUBUS URSINUS / CALIFORNIA BLACKBERRY PLUGS, LOW SALIX LAEVIGATA / RED WILLOW PLUGS, HIGHSALIX LASIOLEPIS / ARROYO WILLOW PLUGS, HIGHSAMBUCUS MEXICANA / MEXICAN ELDERBERRY 1 GAL., MOD UMBELLULARIA CALIFORNICA / BAY LAUREL 5 GAL., LOW

RIPARIAN PLANT SCHEDULE

TREES BOTANICAL NAME COMMON NAME SIZE WUCOLS
ARBUTUS X `MARINA` STRAWBERRY TREE STANDARD 15 GAL. MOD CERCIS OCCIDENTALIS WESTERN REDBUD MULTI-TRUNK 15 GAL. MOD PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 15 GAL. MODPRUNUS C. 'KRAUTER VESUVIUS' PURPLE-LEAF PLUM 15 GAL. MOD QUERCUS AGRIFOLIA COAST LIVE OAK 15 GAL. MOD
ULMUS PARVIFOLIA 'TRUE GREEN' LACEBARK ELM 15 GAL. LOW

SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
AGAPANTHUS AFRICANUS AFRICAN LILY 1 GAL. MOD
HEMEROCALLIS SPP. DAYLILY 1 GAL. MOD
SALVIA GREGGII AUTUMN SAGE 1 GAL. LOWSCAEVOLA ALBIDA 'MAUVE CLUSTERS' FAIRY FAN FLOWER 1 GAL. LOW TEUCRIUM CHAMAEDRYS GERMANDER 1 GAL. LOWTULBAGHIA VIOLACEA SOCIETY GARLIC 1 GAL. LOW

LARGE SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
ARCTOSTAPHYLOS SPP. MANZANITA 15 GAL. V. LOW
CEANOTHUS SPP. WILD LILAC 15 GAL. LOW
GREVILLEA X 'NOELLII' NOEL GREVILLEA 15 GAL. LOWLEUCOPHYLLUM F. 'COMPACTA' COMPACT TEXAS RANGER 15 GAL. LOW RHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY 15 GAL. V. LOWRHUS OVATA SUGAR BUSH 15 GAL. LOW XYLOSMA CONGESTUM SHINY XYLOSMA 15 GAL. LOW

MEDIUM SHRUBS BOTANICAL NAME COMMON NAME SIZE WUCOLS
ABELIA X GRANDIFLORA GLOSSY ABELIA 5 GAL. MOD
CHONDROPETALUM TECTORUM SMALL CAPE RUSH 5 GAL. LOWCISTUS X OBLONGIFOLIUS ROCK ROSE 5 GAL. LOW GALVEZIA SPECIOSA ISLAND SNAPDRAGON 5 GAL. LOWLANTANA MONTEVIDENSIS TRAILING LANTANA 5 GAL. LOWLIGUSTRUM JAPONICUM 'TEXANUM' TEXAS JAPANESE PRIVET 5 GAL. LOW PENNISETUM SETACEUM 'RUBRUM' PURPLE FOUNTAIN GRASS 5 GAL. LOW SALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL. LOW

GROUND COVERS BOTANICAL NAME COMMON NAME SIZE WUCOLS SPACING BACCHARIS PILULARIS 'PIGEON POINT' COYOTE BRUSH 1 GAL. LOW 48" o.c.

CEANOTHUS G. H.. 'YANKEE POINT' CARMEL CREEPER 1 GAL. LOW 48" o.c.COTONEASTER DAMMERI 'LOWFAST' BEARBERRY COTONEASTER 1 GAL. LOW 12" o.c.

FESTUCA X `BOLERO` BOLERO DWARF FESCUE SOD MOD
GREVILLEA HUMILIS 'COASTAL GEM' SPIDER FLOWER 1 GAL. LOW 12" o.c.

PARK PLANT SCHEDULE
PARK LANDSCAPE PLAN L-2.0
N

SPECIAL PAVING AT
PARK ENTRY, TYP.

TURF AREA, TYP.

PLANTING AREA, TYP.

RIPARIAN AREA, TYP.

PICNIC AREA WITH TABLES

AND TRASH RECEPTACLE
SHADE TREES, TYP.

HELENA WAY
WATER
STREET
10' WIDE CONCRETE
WALK, TYP.

PUBLIC SIDEWALK, TYP.

MUTT MITT AND TRASHRECEPTACLE

ADA BENCH
BENCH

MUTT MITT

AND TRASH

RECEPTACLE

SHADE STRUCTURE

SHADE STRUCTURE
NOTES:

1. 16'X16' MESA SHADE STRUCTURE AVAILABLE
THROUGH CLASSIC RECREATION, INC. WITH
STANDARD HR_36 STEEL ROOF.2. FRAME COLOR SHALL BE BLACK WITH AN ANTI-GRAFFITI COATING. ROOF COLOR SHALL
BE EVERGREEN.

3. INSTALL PER MANUFACTURER'SSPECIFICATIONS.

C.15.c
Packet Pg. 385
Attachment: Parkside Villas.Conceptual Park Plan (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval) RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING THE RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION TO ASSIGN THE NAME “TRAILSIDE PARK” TO THE PARK THAT WILL BE CONSTRUCTED ON PARCEL ‘A’ OF THE SEASONS AT PARKSIDE PROJECT (SUBDIVISION 8982).

WHEREAS, on June 12, 2001, the City Council approved Administrative Policy 50-1 regarding the Naming/Dedication of City Facilities; and WHEREAS, on March 24, 2022, the Park and Recreation Commission approved, and recommended for approval by the City Council, to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the recommendation from the Park and Recreation Commission to assign the following park name to a new City park to be constructed by the project developer;

1. Trailside Park – Parcel ‘A’ of Subdivision 8982, Seasons at Parkside PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of April 2022 by the following vote:

C.15.d
Packet Pg. 386 Attachment: 2022-04-26_CC_Trailside Park Name RESO (2668 : Seasons at Parkside (Subd 8982) - Trailside Park Naming Approval) CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: April 26, 2022
Subject/Title: Consideration of a Resolution Amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007.

Prepared by: Erik Nolthenius, Planning Manager
Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
Adopt a resolution amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to update mitigation fees implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and repeal and replace Resolution No. 2007-234, which adopted the HCP/NCCP fees as established in 2007.

The regional fees are a pass through from the developer to the City to the County.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
On October 9, 2007, the City Council heard the first reading of Ordinance No. 850, establishing Chapter 16.168 (Habitat Conservation Plan (HCP)/Natural Community Conservation Plan (NCCP) Implementation) of the Brentwood Municipal Code, and adopted Resolution No. 2007- 234, Adopting Brentwood Habitat Conservation Fees Necessary to Implement the HCP/NCCP and Amending the 2007-2008 Cost Allocation Plan and Schedule of City Fees.

On November 13, 2007, the City Council adopted Ordinance No. 850, establishing Chapter

16.168 (Habitat Conservation Plan /Natural Community Conservation Plan Implementation) of the Brentwood Municipal Code.

BACKGROUND
In December 2006, the Contra Costa County Board of Supervisors approved the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).

Under the HCP/NCCP, the County and the other participating local agencies were issued State and Federal permits for impacts to endangered species and their habitats, also referred to as “take permits.” This enables the County and the other participating local agencies to control endangered species permitting for activities and projects in the region that they perform or approve.

In February 2007, the East Contra Costa County Habitat Conservancy (Conservancy) – a joint powers authority composed of the County and the cities of Brentwood, Clayton, Oakley, and Pittsburg – was formed for the purpose of implementing the HCP/NCCP. Among other responsibilities, the Conservancy conducts periodic fee audits and refers the results to the participating cities and the County.

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Packet Pg. 387
In October 2007, the Board of Supervisors adopted Ordinance No. 2007-53 to establish the mitigation fees and procedures to implement the HCP/NCCP within the portion of the unincorporated County covered by the Plan. Two types of mitigation fees were established:

1. The Development Fee, which is calculated by multiplying the acreage of the site permanently disturbed by development projects subject to the fee by the fee rate applicable in the zone in which the projects are located); and

2. The Wetland Mitigation Fee, which is applicable to the wetland, aquatic, or riparian portions of a development project.

The Conservancy and participating cities each separately adopted the mitigation fees and procedures to implement the HCP/NCCP. This was accomplished in Brentwood through the adoption of Resolution No. 2007-234 in October 2007 and Ordinance No. 850 in November 2007.

The HCP/NCCP includes automatic annual adjustments to the mitigation fees based on economic indices. The HCP/NCCP also requires periodic audits in years 3, 6, 10, 15, 20, and 25 of the Plan’s implementation. The periodic audits are conducted to assess whether changes in HCP/NCCP implementation costs over time require adjustment of the fees. Per HCP/NCCP requirements, the Conservancy hired an outside, independent financial auditor to conduct a fee analysis. The 2017 East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study (“Fee Study”) was prepared to comply with the requirement of a fully-funded mitigation strategy.

Other than the automatic annual adjustments approved for the fees (based on the Consumer Price Index and the Home Price Index), neither the County nor the participating cities had updated the HCP/NCCP mitigation fees since their initial adoption in 2007. The fee update based on the 2017 Fee Study was delayed due to litigation between the Conservancy and a private third party. That litigation was settled in January 2021. In February 2021, the Conservancy adopted the updated fee schedule based on the 2017 Fee Study. This triggered a need for the County and participating cities to take action to adopt the updated fee schedule.

On August 3, 2021, the Board of Supervisors adopted Ordinance No. 2021-25, updating the mitigation fee schedule to reflect the 2017 Fee Study. The member cities of the joint powers authority have subsequently been individually undertaking their own adoption of fee updates.

Updated 2022 Fee Schedule
In addition to the periodic fee audit, the mitigation fees are automatically adjusted annually as referenced above using a formula in the HCP/NCCP. The fees calculated in the Fee Study are for 2017. These have further been updated to reflect the annual adjustments made in 2018 through 2022. The updated mitigation fee schedule, calculated as of 2022, is shown in the table below. The table also shows the percent change from the 2021 fee calculated under the current fee schedule compared to the corresponding updated fee. 2022 Mitigation Fee Schedule Based On 2017 Fee Study
Land Cover Fee
Basis
Current
2022 Fee
Updated 2022 Fee
Based On 2017 Fee
Study
Change from Current
Fee
D.1
Packet Pg. 388
Development Fee
Zone 1 /acre $17,602 $18,937.95 -7.59%
Zone 2 /acre $35,204 $37,875.90 -7.59%
Zone 3 /acre $8,801 $9,468.98 -8.72%
Wetland Mitigation Fee
Riparian /acre $85,924 $105,515.99 +22.80%
Perennial Wetland /acre $117,581 $159,911.71 +36.00%
Seasonal Wetland /acre $254,759 $374,220.31 +46.89%
Alkali Wetland /acre $241,192 $ 378,310.21 +56.85%
Ponds /acre $128,133 $205,923.71 +60.71%
Aquatic (Open Water) /acre $64,820 $102,962.44 +58.84%
Slough / Channel /acre $146,222 $147,029.10 -0.55%
Streams (<=25 ft. wide) /lin. ft. $700 $542.59 -22.54%
Streams (>25 ft. wide) /lin. ft. $1,055 $814.47 -22.82% The updated Development Fees reflect an approximate 7-8% decrease from those currently charged. For the non-stream wetlands, the costs of restoration are substantially higher than those originally estimated when the HCP/NCCP and the mitigation fees were originally adopted. This is the opposite in the case of streams. The changes in the Wetland Mitigation Fees are due to the fact that estimates of restoration costs developed for the Plan did not have the benefit of actual project cost experience in eastern Contra Costa County. That experience has, however, been gained since Plan adoption and is reflected in the proposed updates under the Fee Study.

The City provided a 30-day public hearing notice concerning this matter and has had (and continues to have) the 2017 Fee Study available for public review at City Hall.

FISCAL IMPACT
The proposed fee update will result in the City collecting updated mitigation fees that are passed through to the East Contra Costa County Habitat Conservancy to be used only for public facilities related to the conservation of covered species, as set forth in the HCP/NCCP and the proposed ordinance. The cost of City staff time to administer the ordinance is calculated in the Cost Allocation Plan and Schedule of City Fees, and a fee for the costs is collected on a per project basis. The base flat fee per project is currently set at $1,672.07, with an option to collect a deposit of $3,000 for more complex projects. The proposed fee update will not impact the General Fund or other City funds, nor will any unreimbursed ongoing costs be incurred.

Approval of this item would require an amendment to the FY 2021/22 Cost Allocation Plan and Schedule of City Fees, as well as the repeal and replacement of Resolution No. 2007-234, which adopted the HCP/NCCP fees as established in 2007.

Attachments:

ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 HCP-NCCP Fee Audit Memo from Urban Economics - 02.17.21 HCP-NCCP Index Fee Data
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Packet Pg. 389

EAST CONTRA COSTA

COUNTY HCP / NCCP

MITIGATION FEE AUDIT

AND NEXUS STUDY

FINAL REPORT
Prepared For:

East Contra Costa County Habitat Conservancy
Prepared By:

Robert D. Spencer, Urban Economics
Sally E. Nielsen, Hausrath Economics Group
June 2017 (revised)
D.1.a
Packet Pg. 390 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report i
Table of Contents
Executive Summary ............................................................................................................................. iv

1. Introduction ....................................................................................................................................... 1 Background............................................................................................................................... 1 Plan Mitigation Fees ................................................................................................................ 2 Audit Objectives and Scope ................................................................................................... 3

2. Impacts ............................................................................................................................................... 7 Urban Development Area (UDA) ........................................................................................ 7 Development Fee Zones ........................................................................................................ 8 Summary of Impacts to Date ................................................................................................ 9 Remaining Permanent Impacts Under the Plan ...............................................................10

3. Cost Model .......................................................................................................................................13 General Approach .................................................................................................................13 Land Acquisition Costs .........................................................................................................14 Habitat Restoration/Creation Costs ...................................................................................15 Updates to Other Cost Categories ......................................................................................17 Summary of Cost Model Results .........................................................................................20

4. Endowment Model .........................................................................................................................24 Post-permit Term Costs and Revenues .............................................................................24 Endowment Funding Plan ...................................................................................................25 Endowment Fund Model Results .......................................................................................29 Endowment Management ....................................................................................................29

5. Wetland Mitigation Fee ..................................................................................................................31 Updated Fee Schedule ..........................................................................................................31 Mitigation Fee Act Findings ................................................................................................33

6. Development Fee ............................................................................................................................37 Updated Fee Schedule ..........................................................................................................37 Comparison with Original and Current Fee ......................................................................39 Mitigation Fee Act Findings ................................................................................................40

7. Rural Infrastructure and Temporary Impact Fees .....................................................................43 D.1.a
Packet Pg. 391 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report ii
Rural Infrastructure Fee .......................................................................................................43 Temporary Impact Fee .........................................................................................................45

8. Funding Plan ....................................................................................................................................48 Appendix A: Development Impacts Through Year 9 ................................................................ A-1 Appendix B: Land Acquisition Cost Analysis .............................................................................. B-1 Appendix C: Initial UDA Cost Model Update ............................................................................ C-1 Appendix D: Maximum UDA Cost Model Update ................................................................... D-1 Appendix E: Endowment Model .................................................................................................. E-1 Appendix F: Actual Revenue Through 2016 ................................................................................ F-1 D.1.a
Packet Pg. 392 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report iii
List of Tables
Table E.1: Application of Mitigation Fees to Covered Activities ........................................ iv Table E.2: Development Fee Comparison ............................................................................... v Table E.3: Wetland Mitigation Fee Comparison .................................................................... vi Table 1.1: Application of Mitigation Fees to Covered Activities ......................................... 3 Table 2.1: Covered Activities, Years 1-9 (2008-2016) ......................................................... 10 Table 2.2: Permanent Impacts (acres).................................................................................... 11 Table 2.3: Wetland Impacts ..................................................................................................... 12 Table 3.1: Wetland Mitigation Costs (2016$) ........................................................................ 18 Table 3.2: Cost Model Comparison – Initial Urban Development Area (2016 $) .......... 21 Table 3.3: Cost Model Comparison – Maximum Urban Development Area (2016 $) .. 22 Table 4.1: Investment Earnings .............................................................................................. 26 Table 4.2: Post-Permit Funding .............................................................................................. 29 Table 5.1: Wetland Mitigation Fee Schedule ......................................................................... 32 Table 5.2: Wetland Mitigation Fee Comparison ................................................................... 33 Table 5.3: Wetland Mitigation Fee Revenue ......................................................................... 34 Table 6.1: Development Fee Fair Share Analysis ................................................................. 38 Table 6.2: Development Fee Schedule ................................................................................... 39 Table 6.3: Development Fee Comparison (fee per acre) .................................................... 40 Table 8.1: Funding Plan (2016 dollars) .................................................................................. 50 Table 8.2: Funding Plan Comparison – Initial Urban Development Area (2016 dollars) ................................................................................................................................... 51 Table 8.3: Funding Plan Comparison – Maximum Urban Development Area (2016 dollars) ...................................................................................................................... 52 D.1.a
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EXECUTIVE SUMMARY
The purpose of this report is to present the findings, conclusions, and recommendations of an audit of mitigation fees that partially fund the East Contra Costa Habitat Conservation Plan and Natural Community Conservation Plan (the Plan). The purpose of this audit is to fulfill the requirements of the periodic audit requirements of the Plan. The audit also provides the basis for findings required by the Mitigation Fee Act (MFA) related to the mandatory five-year review and any action establishing, increasing, or imposing a fee (commonly referred to as a “nexus analysis”).

Revenue sources to fund estimated Plan costs during the 30-year permit term include four types of mitigation fees:
w Development Fee
w Wetland Mitigation Fee
w Rural Infrastructure Fee
w Temporary Impact Fee.

Covered activities that cause permanent impacts pay the development fee or rural infrastructure fee depending on location (inside or outside the Urban Development Area or “UDA”). Covered activities that cause temporary impacts pay the temporary impact fee regardless of location. All projects that cause impacts on aquatic land cover types pay the wetland mitigation fee in addition to the applicable development or rural infrastructure fee. Table E.1 summarizes how the four types of mitigation fees are applied to covered activities based on location and type of impact.

Table E.1: Application of Mitigation Fees to Covered Activities Type of
Impact
Location of Impact
Inside UDA Outside UDA
Permanent w Development fee
w Wetland mitigation fee (if
applicable)
w Rural infrastructure fee
w Wetland mitigation fee (if
applicable)
Temporary w Temporary impact fee (plus temporary wetland mitigation fee if applicable)
Note: “UDA” is the urban development area.

This audit represents a significant turning point for implementation of the 2006 Plan. For the first time, this audit includes funding for post-permit term costs in perpetuity. Furthermore, this development of the funding plan is occurring five years prior to when it is required by the Plan.

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Funding for post-permit term costs is required by the Plan but the Plan allowed the obligation to be deferred until year 15 of implementation, or when half of the impacts allowed under the permit occur, whichever comes first. This audit identifies available funding to provide the endowment with an opening balance. Combined with revenue contributions through year 30 from mitigation fees and possibly other funding sources, the endowment would grow with re-invested earnings. Following year 30 the endowment would be of a size sufficient to fully fund post-permit management and monitoring costs in perpetuity with adjustments for inflation.

The results of the audit in terms of a revised development fee schedule are compared to current adopted fees in Table E.2. The development fee is also the basis for the rural infrastructure and temporary fees so the same trends would apply to those fees as well. The "Cities/County" fees are imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. The "Conservancy" fees reflect the results of the 2013 audit and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee. Most covered activities are currently paying the “Cities/County” fee.

Table E.2: Development Fee Comparison
Current
Fee (2017) Fee
Audit
(2017)
Fee Audit
Compared To:

Zone
Cities/
County
ConservancyCities/
County
Conservancy

Zone 1 $14,711 $ 13,491 $14,078 (4.3%) 4.4%
Zone 2 $29,423 $ 26,983 $28,156 (4.3%) 4.3%
Zone 3 $ 7,356 $ 6,746 $ 7,039 (4.3%) 4.3%

Note: "Cities/County" fees are imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. "Conservancy" fees reflect the results of the 2011 and 2013 audits and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.

Sources: Table 6.3.

As shown in the table, the recommended development fee, which includes necessary funding for the endowment, is about four percent higher than current fees imposed directly by the Conservancy, and four percent lower than fees currently imposed by participating cities and the County.

Required future revenue contributions to the endowment represent about 20 percent of total remaining Plan costs for years 10-30. Current development D.1.a
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fees require only a modest adjustment despite this additional cost because of cost savings over the 30-year permit term. These cost savings come primarily from the preserve management and maintenance cost category (see Chapter 3). Such savings were anticipated by the 2006 Plan as a source of funding for the endowment.

For the wetland mitigation fee the results of the audit are compared to the fees in the original Plan and the current adopted 2017 fees in Table E.3. The wetland mitigation fee is also the basis for the wetland mitigation component of the temporary fee so the same trends would apply to the wetland component of that fee as well.

Table E.3: Wetland Mitigation Fee Comparison
Current
Fee (2017) Fee
Audit
(2017)
Fee Audit
Compared To:

Land Cover Type
Cities/
County
ConservancyCities/
County
Conservancy
Riparian per acre $ 76,433 $ 98,978 $ 90,039 18% (9%)
Perennial Wetland
per acre $104,593 $145,423 $136,456 30% (6%)
Seasonal Wetland per acre $226,617 $337,101 $319,330 41% (5%) Alkali Wetland per acre $214,549 $340,512 $322,820 50% (5%) Aquatic (Open Water) per acre $113,979 $184,474 $175,719 54% (5%) Aquatic (Open Water) per acre $ 57,660 $ 92,237 $ 87,860 52% (5%) Slough / Channel per acre $130,070 $134,428 $125,463 (4%) (7%) Streams (<=25 ft. wide) per linear foot $ 623 $ 376 $463 (26%) 23% Streams (>25 ft. wide) per linear foot $ 939 $ 564 $695 (26%) 23% Note: "Cities/County" fees are imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. "Conservancy" fees reflect the results of the 2011 and 2013 audits and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.

Sources: Table 5.2.

Wetland mitigation fees imposed per acre by the Conservancy decline compared to current fees because of a more detailed approach to the use of inflation indices in this audit versus a more general (and appropriate) approach used for the annual fee adjustments. Fees imposed by the cities and the County increase primarily because the cities and the County have not yet adopted the revised rates developed by the 2013 audit.

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1. INTRODUCTION
The purpose of this report is to present the findings, conclusions, and recommendations of an audit of mitigation fees that partially fund the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (the Plan). This introduction provides background on the Plan and the Mitigation Fee Act (MFA), the state enabling statute for mitigation fees. This chapter also describes the purpose and scope of this audit and explains the general approach taken to complete the audit.

The purpose of this audit is to fulfill the requirements of the periodic audit requirements of the Plan.1 The audit also provides the basis for findings required by the MFA related to any action establishing, increasing, or imposing a fee.

Background
The Plan was completed in 2006 after an extensive planning process initiated in 1999 that built on prior efforts begun in 1995.2 The Plan enables the protection of natural resources in Eastern Contra Costa County while streamlining the environmental permitting process for impacts on endangered species covered by the Plan. Adoption of the Plan allowed state and federal wildlife agencies to issue various permits for a 30-year term (the permit) allowing the incidental take of endangered species by projects and activities covered by the Plan. Covered activities include all ground- or habitatdisturbing activities, for example, urban development projects, public infrastructure projects, and ongoing infrastructure maintenance activities.

Implementation of the Plan preserves specified natural lands in eastern Contra Costa County in perpetuity (the preserve system) to mitigate the impacts of covered activities on endangered species and contribute to their recovery.

The five local agencies responsible for implementing portions of the Plan that relate to the development entitlement process are the County of Contra Costa and the cities of Brentwood, Clayton, Oakley, and Pittsburg. The City of Antioch chose not to participate in the Plan. The five participating local agencies formed a joint powers authority in 2007 known as the East Contra 1 Jones and Stokes, “East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan”, prepared for the East Contra Costa County Habitat Conservation Plan Association (hereafter referred to in footnotes as “2006 Plan”), p. 9-31.
2 2006 Plan, Chapter 1, pp. 1-1 to 1-2.

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Costa County Habitat Conservancy (the Conservancy) to perform the many implementation duties assigned to the “Implementing Entity” by the Plan.

The Conservancy’s fiscal year is from January 1 to December 31. The first (partial) year of operation was 2007. The Conservancy began collecting mitigation fees in 2008. Consistent with the financial planning presented in Chapter 9 of the Plan, 2007 is year 0, 2008 is year 1, 2016 is year 9, and the permit term would end in 2037, year 30. This audit is completed in year 10 (2017) as required by the Plan, and is based on data as of December 31, 2016 (year 9). The next audit is required in year 15, or 2022.

Plan Mitigation Fees
Revenue sources to fund estimated Plan costs during the 30-year permit term include four types of mitigation fees:
w Development Fee
w Wetland Mitigation Fee
w Rural Infrastructure Fee
w Temporary Impact Fee.

The type of mitigation fee paid by a covered activity depends on the location of the activity and the type of impact (“impact” and “covered activity” are used interchangeably in this report). Location depends on whether the impact is located inside or outside the urban development area (UDA). The UDA is defined as (1) the County of Contra Costa urban limit line, or (2) the boundaries of the four cities implementing the Plan whichever is larger.3 Applicants can dedicate land for the preserve system in lieu of paying the fee subject to approval by the Conservancy.

Covered activities that permanently remove habitat cause permanent impacts and pay the development fee or rural infrastructure fee, depending on location (inside or outside the UDA). Covered activities that temporarily disturb habitat cause temporary impacts pay the temporary impact fee regardless of location.

All projects that cause impacts on aquatic land cover types (wetlands, ponds, and streams) pay the wetland mitigation fee in addition to the applicable development or rural infrastructure fee. Table 1.1 summarizes how the four types of mitigation fees are applied to covered activities based on location and type of impact.
3 2006 Plan, Chapter 2, pp. 2-16 to 2-18, Figure 2-3. Excludes City of Antioch that is not covered under the Plan.

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Table 1.1: Application of Mitigation Fees to Covered Activities Type of
Impact
Location of Impact
Inside UDA Outside UDA
Permanent w Development fee
w Wetland mitigation fee (if
applicable)
w Rural infrastructure fee
w Wetland mitigation fee (if
applicable)
Temporary w Temporary impact fee (plus temporary wetland mitigation fee if applicable)
Note: “UDA” is the urban development area.

Audit Objectives and Scope
The objectives of this audit are defined by the requirements of the Plan. The audit also provides the basis for findings required by the MFA related to the mandatory five-year review and any action establishing, increasing, or imposing a fee.

Periodic Audit Requirements of the Plan
The Plan calls for periodic audits of the mitigation fees in years 3, 6, 10, 15, 20, and 25. The purpose of the audit is “[t]o ensure that the fees generated by development and other covered activities are adequately covering their share of Plan costs.” 4 The Plan calls for the audit to be completed by an outside independent financial auditor.

Audits must compare current actual costs to the cost assumptions used in the current mitigation fee calculation. The audit must review actual land acquisition costs as well as costs to operate, manage, and maintain the preserve system. The audit must recalculate fees based on this cost review to maintain mitigation fee funding as a share of total Plan costs based on the fair share allocation determined by the Plan.

In between periodic audits the Plan calls for automatic annual adjustments to the Plan’s mitigation fees. Annual adjustments are based on two inflation indices weighted by the appropriate Plan cost component reflected by each index.5
A real estate cost index is used to update the land acquisition cost component reflecting more than half of total plan costs. The Consumer Price Index is used to update the share of fees funding the balance of Plan costs. 4 2006 Plan, Chapter 9, p. 9-31.
5 2006 Plan, Chapter 9, p. 9-30.

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Mitigation Fee Act Requirements
The mitigation fees collected pursuant to the Plan are authorized by California law under the Mitigation Fee Act (MFA) found in Sections 66000 through 66025 of the California Government Code. This audit provides a revised fee schedule based on updated cost data that proposes increasing the existing fee amount. Consequently, this audit must make the following four “reasonable relationship” or “nexus” findings that the MFA requires when increasing a fee:

Sec. 66001(a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do all of the following:
(1) Identify the purpose of the fee.
(2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged.
(3) Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
(4) Determine how there is a reasonable relationship between the need for the public facility and the type of development on which the fee is imposed.

The following finding is not required though this audit makes this finding as well:

Section 66001(b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

Each of these findings are made in association with the analysis of each fee in Chapters 5, 6, and 7.

Post-Permit Term Costs
Chapter 9 of the Plan describes the funding sources and estimates the total revenue needed to fully fund Plan costs during the 30-year permit term.

Following the end of the permit term the preserve system will need to be D.1.a
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managed and monitored in perpetuity to comply with the permit. Chapter 9 did not include a funding plan for post-permit term costs though it did identify a range of potential funding sources.6 The Plan requires the Conservancy to develop a detailed plan for long-term funding before half of all authorized impacts occur (measured in acres) or at the end of year 15 of implementation, whichever occurs first.

For the first time in the Plan’s history, this audit provides an updated fee schedule and funding plan that fully funds post-permit term costs, in advance of the year 15 deadline. Post-permit term costs are funded with an ongoing share of development fee revenue deposited into an endowment account. The endowment account would be actively managed in accordance with state law.

Investment earnings would be reinvested and no withdrawals made through the end of the permit term in year 30. At that time, the endowment account balance is projected to be sufficient to generate a self-sustaining amount equal to annual post-permit term costs in perpetuity and adjusted for inflation.

Objectives and Scope
The findings required by the MFA described above are similar in intent to the Plan’s objectives for periodic audits. Both suggest the need to update the fee amount based on recent data and confirm the role of fee revenues in a reasonable funding plan. To address both the periodic audit requirements of the Plan and the findings required by the MFA, the objectives and scope of this audit are:

1. Update cost assumptions underlying the mitigation fees

2. Recalculate fee amounts

3. Affirm the reasonable relationship between new development and the need for the fee, the amount of the fee, and the use of fee revenues

4. Update the funding plan including sources and amounts of anticipated non-fee revenue

5. Incorporate post-permit term costs.

This audit uses the most recently available data on financial transactions and covered activities through December 31, 2016.

This audit is not a comprehensive audit of the Conservancy’s finances. The Conservancy separately has an annual financial audit conducted by an outside auditor. This report utilizes this audited financial data. The financial and other data compiled for this audit represents a level of accuracy sufficient to 6 2006 Plan, Chapter 9, pp. 9-40 to 9-42 and Table 9-9.

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recalculate the mitigation fees and update the funding plan based on the fiveyear audit and reasonable relationship requirements of the MFA.

Organization of the Audit
Covered activities (impacts) under the Plan for years 1-9 are summarized in Chapter 2 as well as remaining impacts through the 30-year permit term. The update to the cost model used to estimate implementation costs of the Plan is presented in Chapter 3. Chapter 4 describes post-permit term costs and funding of an endowment.

Updates to the four fees are presented in Chapters 5 through 7. The wetland mitigation fee is calculated independently of the other fees based on estimated costs to restore/create wetlands in proportion to the amount of impact. The development fee is calculated based on urban development’s fair share of total Plan costs net of wetland mitigation costs. Thus, the wetland mitigation fee analysis is presented in Chapter 5 and the development fee analysis is presented in Chapter 6. The other two fees, rural infrastructure and temporary impact, use the same rates as the development and wetland mitigation fees applied to rural infrastructure impacts and temporary impacts, respectively. Thus, these fees require no additional fee calculation. These fees are discussed in Chapter 7.

The updated 30-year funding plan based on revised cost and revenue estimates is presented in Chapter 8.

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2. IMPACTS
This section of the audit describes the impacts that have occurred to date during the years 1-9 of the Plan (2008-2016). This section also identifies the remaining impacts to be accommodated by the Plan’s implementation based on the total amount of impacts covered by the Plan.

The Plan uses the amount of acreage from urban development and rural infrastructure projects and activities as the primary unit of measurement for impacts. The Plan uses linear feet to measure stream impacts subject to the additional wetland mitigation fee.

Urban Development Area (UDA)
The boundaries of the UDA are subject to change over time based on local land use policy decisions by the five agencies implementing the Plan. Thus, boundary changes could lead to changes in the land use capacity for, and eventual amount of, urban development.

To accommodate the uncertainty regarding the amount of urban development that would be covered under the Plan, the Plan uses two scenarios to “book end” the potential urban development levels:
w The initial UDA is defined by the County of Contra Costa urban limit line and the boundaries of the cities of Brentwood, Clayton, Oakley, and Pittsburg existing at the time the Plan was adopted.7
w The maximum UDA is the maximum development capacity for urban development under the terms of the permit. Although boundaries are not defined development capacity considers areas outside the initial UDA proposed for future development in the general plans of Brentwood, Clayton, Pittsburg, and the County. The maximum development capacity is consistent with the biological goals and objectives of the Plan.

The urban development area covered under the Plan at the end of the permit term could fall anywhere in the range defined by the initial urban development area and the maximum urban development area. The Plan does not define the precise boundaries of the maximum UDA because the ultimate boundaries depend on local land use decisions occurring during the permit term. Rather, the Plan defines the maximum number of acres under the maximum UDA covered under the Plan. The conservation requirements of the Plan are greater 7 Excluding some areas within the County urban limit line surrounding the Byron Airport. See 2006 Plan, p. 2-

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for the maximum UDA compared to the initial UDA to accommodate the greater impacts under the maximum UDA scenario.

Development Fee Zones
The development fee is implemented based on three fee zones defined by the Plan.8 A map of the zones is provided in Figure 9-1 of the Plan. The zones represent varying levels of impacts on covered species and natural habitats caused by urban development and rural infrastructure activities and projects.

The development fee is lowest in the zone where development would have the least impacts and highest in the zone where development would have the greatest impacts. The zones generally correspond to the dominant land cover type and habitat and open space value. Below is a summary of the zones:
w Zone I: Cultivated and disturbed lands, primarily areas in agricultural use and some undeveloped areas within existing urban areas. w Zone II: Natural areas where lands are dominated by natural land cover types.
w Zone III: Small vacant lots (less than 10 acres) within the initial UDA.

The lowest development fee is in Zone III because the habitat and open space value is lowest on vacant land within existing developed areas. As the Plan states in Chapter 4, “[d]evelopment of these areas will result in loss of open space and some habitat values, but impacts will be less than those in Zone I and substantially less than those in Zone II.”9
An acre of permanent impacts
in Zone III is given a weight of one for the purposes of allocating the fair share of total plan costs to the development fee.

The highest fee is in Zone II because this predominantly natural area has the highest habitat value. The dominant land cover type is annual grassland that covers 34 percent of the land included in the Plan’s inventory area, and the greatest impacts in Zone II are in this land cover type. Chapter 4 of the Plan references the importance of annual grassland throughout its detailed analysis of impacts on covered species and critical habitats.10 An acre of permanent impacts in Zone II is given a weight of four for the purposes of allocating the fair share of total plan costs to the development fee (four times the weight of impacts in Zone III).

The amount of the Zone I fee is between the fees in the other two zones because cultivated and other disturbed uses have greater habitat value than 8 2006 Plan, Chapter 9, pp. 9-20 to 9-21.
9 Ibid.
10 2006 Plan, Chapter 4, pp. 4-14 to 4-22.

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vacant lots but less value than natural areas. Chapter 4 of the Plan includes several findings to support this approach.11 An acre of permanent impact in Zone I is given a weight of two for the purposes of allocating the fair share of total plan costs to the development fee (twice the weight of impacts in Zone III and half the weight of impacts in Zone II).

The fee zone map in the Plan (Chapter 9, Figure 9-1) is the sole determination of the fee zone applicable to a project or other covered activity.12 The zones represent predominant land cover types, as described above, and the relative level of impact per acre from covered activities within a zone. Individual parcels within a zone will have greater or lesser impact on covered species, natural communities, and open space. An individual parcel in zone A, for example, may have characteristics like land cover types in zone B. However, the parcel’s location adjacent to lands within zone A combined with the benefits of contiguous open space to meeting the Plan’s objectives, provides reasonable justification to include the parcel in zone A. The mapping of the zones was completed at a level of detail sufficient to provide a reasonable relationship between all land within a specific zone and the relative weight of impacts assigned to that zone.13
Summary of Impacts to Date
Impacts to date (2008-2016) are shown in Table 2.1. As explained in Chapter 1 (see Table 1.1) impacts fees were paid on these covered activities (impacts) as follows:
w Permanent impacts within the UDA paid the development fee on covered activities based on the three fee zones.
w Rural infrastructure impacts paid the rural infrastructure fee. w Temporary impacts paid the temporary impact fee.
w Impacts to aquatic land cover types paid the wetland mitigation fee in addition to the applicable development, rural infrastructure, or temporary impact fee.
11 2006 Plan, Chapter 4, pp. 4-6, 4-15, and 2006 Plan, Appendix D, Species Profiles. 12 2006 Plan, Chapter 9, p. 9-20.
13 See, for example, 2006 Plan, Chapter 3, pp. 3-2 to 3-5.

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Table 2.1: Covered Activities, Years 1-9 (2008-2016)
Land
Conversion
(acres)
Aquatic Impacts1
Wetlands
(acres)
Streams
(linear
feet)
Permanent Impacts
Urban Development Area (UDA)
Zone 1 411.99
Zone 2 34.19
Zone 3 12.46
Subtotal UDA 458.64
Rural Infrastructure (outside UDA)2 73.06
Total Land Conversion 531.70
Aquatic
Wetlands 1.83
Streams (linear feet) 923.31
Temporary Impacts
All Land Cover 429.30
Wetlands 5.99
Streams (linear feet) 4,517.70 1 Aquatic impacts (wetlands and streams) are included in land conversion impacts. Aquatic impacts pay wetland fees in addition to land conversion fees. 2 Covered activities occurring outside the UDA could occur in either zones 1 or 2. Includes rural road projects as shown in Table 9-6 of the 2006 Plan, plus rural infrastructure projects and activities, and activities within the preserve system (see Sections 2.3.2 through 2.3.4 of the 2006 Plan).

Sources: Appendix A, Table A.1.

See Table A.1 in Appendix A for a detailed list of covered activities to date.

Remaining Permanent Impacts Under the Plan
The Plan allows for a fixed amount of permanent impacts within the UDA and from rural infrastructure. Permanent impacts are used to calculate and update the development fee. The remaining permanent impacts allowed under the Plan in years 10-30 are summarized in Table 2.2 by subtracting impacts to date (Table 2.1) from the total impacts allowed for the 30-year permit term.

The table applies the weighting factors by zone discussed above. The result is the total acreage of permanent impacts with the UDA remaining under the Plan weighted by the relative impact in each zone. This total for the maximum and initial UDAs is used to allocate costs to the development fee in Chapter 5.

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Table 2.2: Permanent Impacts (acres)
Zone
1 Zone
2 Zone
3 Subtotal Share
Outside
UDA Total1 Share
Permit Limits (Years 1-30)
Initial UDA 6,198 2,306 166 8,670 100.0% 1,126 9,796 100.0% Maximum UDA 7,507 4,180 166 11,853 100.0% 1,126 12,979 100.0% Actual Impacts to Date (Years 1-9, through 2016)
Initial UDA 412 34 12 458 5.3% 73 531 5.4%
Maximum UDA 412 34 12 458 3.9% 73 531 4.1%
Remaining Impacts (Years 10-30)
Initial UDA 5,786 2,272 154 8,212 94.7% 1,053 9,265 94.6% Maximum UDA 7,095 4,146 154 11,395 96.1% 1,103 12,448 95.9% Impact Weighting Factor2 2 4 1
Permit Limits - Equivalent Acres (Years 1-30)
Not Available3
Initial UDA 12,396 9,224 166 21,786 100.0%
Maximum UDA 15,014 16,720 166 31,900 100.0%
Actual Impacts to Date - Equivalent Acres (Years 1-9, through 2016) Initial UDA 824 136 12 972 4.5%
Maximum UDA 824 136 12 972 3.0%
Remaining Impacts - Equivalent Acres (Years 10-30)
Initial UDA 11,572 9,088 154 20,814 95.5%
Maximum UDA 14,190 16,584 154 30,928 97.0%
Notes: "UDA" is the urban development area.

The permit limits used to calculate the initial fees shown in Chapter 9, Table 9-4, and Appendix H of the 2006 Plan are revised to control to the totals in Chapter 4, Tables 4-2 and 4-3, of the 2006 Plan (14 acres less for the Initial UDA and 26 acres less for the Maximum UDA). These adjustments are made to zone 1 though they could be allocated to any zone within the UDA. 1 Table 4-3 in Chapter 4 of the 2006 Plan appears to have a mathematical error for the maximum UDA permit limit, showing 13,029 acres instead of 12,979.
2 Weighting factor reflects relative impacts by zone (see 2006 Plan, Appendix H). Equivalent acres for impacts outside the UDA not calculated because impacts occur in both zones 1 and 2.
3 The 2006 Plan did not identify the location of all covered activities occurring outside the UDA by zone, except for rural road projects (see Table 9-6 of the 2006 Plan). Includes rural infrastructure projects and activities, and activities within the preserve system (see Sections

2.3.2 through 2.3.4 of the 2006 Plan).

Sources: 2006 Plan, Tables 4-2 and 4-2, Table 9-4 (revised), and Appendix H, Table 1; Table 2.1.

Table 2.2 shows 12,979 acres for the permit limit under the maximum UDA.

Table 4-3 in the 2006 Plan shows 13,029. There appears to be an addition error in the Table 4-3 that included an extra 50 acres. These 50 acres are excluded in Table 2.2. The Conservancy should consult with the Permittees and the wildlife agencies to resolve this issue. The difference has no impact on any of the analyses for this audit, including the cost model update, the mitigation fee calculations, or other revenue estimates developed for the funding plan.

Impacts to aquatic land cover types (wetlands, ponds, and streams) are shown in Table 2.3. This audit contains the same adjustment made by the 2013 audit to total acres of restoration/creation assumed in the 2006 Plan cost model to be consistent with Tables 5-16 and 5-17 in Chapter 5 of the Plan. Estimated D.1.a
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compensatory restoration/creation acreage for seasonal wetlands under the maximum UDA scenario was adjusted to match the 2:1 mitigation ratio applied to the acres of impact shown in the tables. Also, consistent with Plan assumptions, a 30 percent reduction was made to the estimate of compensatory restoration/creation acreage (not contribution to recovery acreage) for the perennial, seasonal, and alkali wetlands to reflect overestimates due to mapping of these areas.14
Table 2.3: Wetland Impacts
Estimated Impacts
(Years 1-30)1
(acres or linear feet)
Actual
Wetland
Impacts
(Years 1-9)2
Estimated Impacts
(Years 10-30)
(acres or linear feet)
Initial
UDA
Maximum
UDA
Initial
UDA
Maximum
UDA
Impacts Based on Acres
Riparian 30.00 35.00 1.08 28.92 33.92
Perennial Wetland 22.20 22.50 0.07 22.13 22.43
Seasonal Wetland 14.00 18.67 0.38 13.62 18.29
Alkali Wetland 9.33 10.33 0.14 9.19 10.19
Pond 7.00 8.00 0.10 6.90 7.90
Aquatic (Open Water) 12.00 12.00 - 12.00 12.00
Slough / Channel 72.00 72.00 0.07 71.93 71.93
Subtotal (acres) 166.53 178.50 1.83 164.70 176.67
Impacts Based on Linear Feet
Streams (<=25 ft. wide) 21,120 26,400 677 20,443 25,723 Streams (>25 ft. wide) 3,168 4,224 246 2,922 3,978
Subtotal (linear feet) 24,288 30,624 923 23,365 29,701
Note: "UDA" is the urban development area.

Impacts includes wetland impacts outside the UDA because these impacts are counted against the estimates of permanent impacts in the 2006 Plan (see Tables 5-16 and 5-17). 1 Discrepancies in the 2006 Plan in Appendix G, Wetland Fee Worksheet are corrected to be consistent with Chapter 5, Tables 5-16 and Table 5-17. Perennial, Seasonal, and Alkali wetland impacts reduced by 70 percent to account for overestimates in mapping analysis (see Tables 5-16 and 5-17, footnote 2, and the original Wetland Fee Worksheet in the Plan, footnotes 12 and 13), Stream impacts are added that were not included in the Wetland Fee Worksheet.

Source: 2006 Plan, Tables 5-16 and 5-17; Appendix A, Table A.1. 14 For seasonal wetlands, the total restored acreage for the initial [maximum] UDA scenario equals 45.2 [53.6] acres based on: (42 [56] impact acres x 2:1 mitigation ratio x 30 percent adjustment for mapping overestimate) + 20 acres contribution to recovery. See Tables 5-16 and 5-17 and Appendix G of the Plan.

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3. COST MODEL
This chapter presents a summary of the updated cost models for the 30-year permit term. As shown in Appendix G of the Plan a separate cost model is used for the initial and maximum UDAs to account for the difference in preserve system size and other differences in the conservation requirements of the Plan. The two models are identical in structure. The difference in cost between the two models is primarily related to the effect of different land acquisition and restoration requirements for the preserve system under each scenario.

General Approach
The cost model was updated based on provisions in the Plan for periodic audits. The original model is documented in Appendix G of the Plan. For this 2017 update, cost model revisions were made to the latest version of the model developed for the 2013 audit. The model for each scenario (initial and maximum UDA) includes approximately 30 pages of linked spreadsheets (see Appendix C and Appendix D). Total costs for the permit term are the sum of actual costs to date (through December 31, 2016) and remaining costs through the end of the permit term. All costs are expressed in 2016 dollars to support calculation of the mitigation fees.

Actual costs through December 31, 2016 were adjusted to 2016 dollars using changes in the Conservancy’s mitigation fee schedule, thus replicating the same index used to reflect inflation in Plan costs. The Conservancy’s fees are adjusted annually based on published price indices and periodically based on prior audits (the 2011 and 2013 audit).15
Remaining costs through the end of the permit term were updated based on recent cost experience and application of appropriate inflation indices to assumptions in the 2013 audit model, as explained in more detail in the following section of this chapter.

The models provide budgets for the following nine cost categories related to Plan implementation:

1. Program administration

2. Land acquisition

3. Planning and design

4. Habitat restoration/creation
15 See the 2006 Plan, Chapter 9, pp. 30-31 and Table 9-7, and Appendix F, Table F.1.

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5. Environmental compliance

6. Preserve management and maintenance

7. Monitoring, research, and adaptive management

8. Remedial measures

9. Contingency.

A separate endowment model was built for this audit and is described in the following chapter (Chapter 4).

Land Acquisition Costs
Land acquisition is the Plan’s largest cost category representing about 64 percent of total costs excluding endowment costs. Substantial effort was expended during the audit to update costs to reflect current market conditions and recent Conservancy land acquisition experience.

For this audit, Conservancy staff prepared an updated acquisition model for both the initial and maximum UDA scenarios. The model evaluates the characteristics of potential preserve land against preserve targets and acquisitions that have already occurred. The 2006 plan indicates a range of total acreage needed to achieve the various habitat acquisition requirements of the Plan. Total acquisition costs assumed in the cost model for the Plan and in the 2013 audit were based on a mid-point estimate. The improved mapping used for this audit found that the number of acres needing to be acquired would likely be at the high end of the range rather than the mid-point. Acquisition costs for this audit are based on acquiring about 15 percent more preserve acres in both the initial and maximum UDA scenarios than was the case in 2006 and 2013.

The Conservancy, working with East Bay Regional Park District, has been very successful in acquiring preserve system lands since the Plan’s implementation.

Through year 9 (2016) the Conservancy has acquired approximately 10,987 acres, or 36 and 45 percent and of the preserve system required under the maximum and initial UDA scenarios, respectively. These totals exclude (1) acquired lands that cannot be credited to the preserve system because of existing conservation easements mitigating habitat impacts that occurred prior to Plan adoption16 and (2) parts of acquired parcels that lie outside plan acquisition zones.

A database of over 90 land transactions in East Contra Costa County, most within the past five years, was compiled from a variety of sources to estimate costs per acre for future preserve system acquisitions. This database included 16 Unless those pre-Plan impacts were also counted against the Plan’s permit limits.

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32 East Bay Regional Park District acquisitions (most of which were performed in partnership with the Conservancy), plus acquisitions by Save Mount Diablo (local nonprofit land trust organization), the Contra Costa Water District, and land transactions identified in the County Assessor’s database. Land costs for developable parcels within the urban limit line that are part of the Conservancy’s acquisition strategy were updated based on current housing values. Detailed data on the transactions used to update the cost model land cost factors are provided in Appendix B.

As shown in Table B.2 in Appendix B estimated land costs per acre have generally increased since 2012 when land prices reflected the fall off in demand due to the Great Recession. Since then, prices for larger parcels outside the urban limit line have increased between 20 and 50 percent, and prices for smaller parcels 10 acres or less have decreased about 20 percent. The fluctuation in prices for smaller open space parcels is because there are notably fewer transactions of this type and the characteristics of each parcel are more variable. Inside the urban limit line, where a small fraction of the acquisition will occur and where prices more closely track changes in the housing market, estimated land costs have increased about 70 percent.

Consistent with changes made for the 2013 audit, due diligence costs are estimated based on a flat three percent charge on land acquisition costs and pre-acquisition surveys are a Conservancy staff cost. There is no contingency applied to land acquisition costs. Total remaining land acquisition costs to meet preserve system requirements were evenly spread across the remaining 21-year period of the 30-year permit term.

Habitat Restoration/Creation Costs
Habitat restoration/creation is the second largest cost category of Plan implementation, representing 12 percent of total costs excluding endowment costs. Unit costs (costs per acre) for restoration of specific habitats are the basis for the wetland mitigation fee.

The most significant component of habitat restoration/creation costs is contract services to restore or create habitat across nine separate land cover types. The 2013 audit discovered that unit cost (costs per acre) assumptions in the 2006 Plan were significantly different than the Conservancy’s actual experience through 2012. Based on a detailed review of actual restoration projects completed by the Conservancy and other agencies, the 2013 audit significantly increased unit costs for most land cover types.

For the current audit, we reviewed cost data for Conservancy restoration projects undertaken since 2012. Based on this review, unit costs in the 2013 audit for seven of the nine land cover types are updated by applying the California Construction Cost Index developed by the California Department D.1.a
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of General Services.17 The remaining two land cover types (oak savanna and stream) are increased more than this inflation adjustment to reflect recent Conservancy cost experience and contractor experience on similar projects.

Unit costs for habitat restoration/creation construction are augmented by three types of soft costs:
w Construction-related costs including seven line items: plans and specifications, bid assistance, construction oversight, post-construction maintenance, environmental compliance, pre-construction surveys, and construction monitoring
w Conservancy staff and related costs
w Contingency.

Consistent with the 2013 audit, four of the construction-related cost line items (plans and specifications, bid assistance, construction oversight, and postconstruction maintenance) are estimated as a percent of construction costs based on experience with how contractors structure their bids. Soft cost percentages remain the same as the 2013 audit except restoration plans and specifications costs are increased to account for the shift of restoration design preparation from the Planning and Design cost category, and construction oversight is increased from 7 to 10 percent to reflect more reliance on contractors than Conservancy staff positions in this cost category.

The remaining three line items (environmental compliance, pre-construction surveys, and construction monitoring) are estimated as dollar amounts per acre. These assumptions were updated for inflation.

Conservancy staff and related costs are updated based on current hourly costs per position and experience with allocation of staff time for habitat restoration/creation projects. Consistent with that experience, this update eliminates Conservancy senior scientist and technical support positions in restoration, showing these tasks as higher contractor costs for construction oversight, as noted above.

This audit eliminates the cost line items for vehicle purchase and vehicle fuel and maintenance that in prior models had been allocated between planning and design, restoration, and monitoring cost categories. These costs are included in the Conservancy staff overhead cost and contractor rates.

The contingency of 20 percent on habitat restoration/creation construction costs remain unchanged from the 2006 Plan and the 2013 audit. The contingency applies to habitat construction costs only and not soft costs or Conservancy staff costs. The contingency is higher than the five percent rate applied to other Plan implementation activities because of the high degree of 17 This index is based on building cost indices for San Francisco and Los Angeles published by the Engineering News-Record.

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cost variation and uncertainty associated with habitat restoration/creation projects.

Habitat restoration/creation mitigation unit costs for aquatic land cover types estimated for this audit are shown in Table 3.1. The cost for open water is the same as the cost for ponds because the Plan calls for open water impacts to be mitigated by the creation of ponds. The table includes two costs for stream restoration, one based on stream widths of 25 feet or less, and one based on steam widths of greater than 25 feet.

Updates to Other Cost Categories
Cost model changes to the other seven cost categories besides land acquisition and habitat restoration/creation are summarized in the following subsections.

Program Administration
The original 2006 model estimated staff costs based on direct salary costs plus benefits, and separately estimated overhead costs (human resources, information technology, office space, etc.). With the 2013 audit, Conservancy staff costs were budgeted based on a fully burdened hourly rate that includes benefits and all overhead costs and this audit maintains that approach. The staffing plan is updated to reflect experience with staff allocation by function and the ability to rely on fractions of a full-time employee. Other overhead costs such as travel, insurance, legal, and financial analysis and audits that are not included in Conservancy staff hourly rates are updated based on actual costs and projected needs.

Planning and Design
Based on current Conservancy practice, for the 2017 audit, the cost model eliminates Conservancy senior scientist staffing and to compensate increases contractor costs for management planning. Management planning costs anticipated by the Plan but not yet incurred are shifted to later in the permit period. Restoration planning costs are shifted to the Habitat Restoration/Creation cost category. Vehicle purchase, fuel, and maintenance costs are included in staff overhead cost and contractor rates.

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Table 3.1: Wetland Mitigation Costs (2016$)
Cost Category
Cost
Factor
Riparian
Perennial
Wetland
Seasonal
Wetland
Alkali
Wetland Pond
Open
Water
Slough/
Channel Stream2
(per
acre) (per acre) (per acre)
(per
acre)
(per
acre)
(per
acre)
(per
acre)
(per linear
foot)
Construction $42,200 $68,800 $82,100 $83,100 $91,300 $91,300 $62,500 $234 Construction-related costs
Plans, specs., allowance for
remedial measures1 33% 13,926 22,704 27,093 27,423 30,129 30,129 20,625 77 Bid assistance1 1.5% 633 1,032 1,232 1,247 1,370 1,370 938 4 Construction oversight1 10% 4,220 6,880 8,210 8,310 9,130 9,130 6,250 23 Post-construction maint.1 10% 4,220 6,880 8,210 8,310 9,130 9,130 6,250 23 Environmental compliance2,3 $6,200 6,200 6,200 6,200 6,200 6,200 6,200 6,200 21 Pre-construction surveys2,4 $1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 4 Construction monitoring2,4 $2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 10 Staff and related costs2,5 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 20 Subtotal $81,599 $122,696 $143,245 $144,790 $157,459 $157,459 $112,963 $417 Contingency1 20% 8,440 13,760 16,420 16,620 18,260 18,260 12,500 47 Total Unit Cost $90,039 $136,456 $159,665 $161,410 $175,719 $175,719 $125,463 $463 Adjustment Factor for Streams >25 Feet Wide 1.50
Total Unit Cost (Streams >25 feet wide) $695

1 Percentage applied to construction costs.
2 Amount applied per acre of impact. Stream costs based on average of per acre costs as a percent of construction costs for all other aquatic land cover types. 3 Based on CEQA, CWA 401, CDFG 1602, and other permit costs for "small" project, divided by two (assume a two-acre project). NHPA permit unlikely to be applicable. 4 Cost model estimate divided by two (estimate based on a two-acre project). 5 Midpoint of staffing costs per acre (all costs except construction and contractors) between initial and maximum UDA cost models for habitat restoration/creation cost category Sources: Appendices C and D (Habitat Restoration/Creation tab).

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Environmental Compliance
Based on actual Conservancy experience with the permitting process, this 2017 update reinstates an allocation of Conservancy program staff time for permitting. In addition, some legal services are allocated to this category because of the need for legal assistance with on-going regional wetland permitting anticipated through year 20. Contractor costs are increased based on the Employment Cost Index and permit fees are updated based on current fee schedules and calculators.

Preserve Management and Maintenance
The schedule of land under management continues to reflect the fact that the pace of acquisition exceeds actual mitigation and conservation targets. Current costs reflect land-banking of many acquired lands. Preserve management staffing is based on review of staffing patterns at Conservancy properties and other similar parkland units within the East Bay Regional Parks District (EBRPD) Interpretive Parklands Unit. Preserve management staff costs are based on EBRPD costs. Furthermore, in place of the detailed line item cost estimates for vehicles, equipment, materials, facilities and road maintenance, water pumping, weed management, pond maintenance, etc., this audit derives a cost factor per full-time equivalent (FTE) management staff to capture the wide range of equipment, materials and services required for land management on Conservancy properties. The factor is derived from analysis of spending in the Maintenance and Skilled Trades Department within the EBRPD Parks Operations Division.

Monitoring, Research, and Adaptive Management
Based on current Conservancy practice, for the 2017 audit, the model eliminates Conservancy senior scientist staffing and increases contractor costs for monitoring. Vehicle purchase, fuels, and maintenance costs are assumed to be included in staff overhead cost and contractor rates. Contractor costs are adjusted based on actual Conservancy cost for monitoring contractors.

Remedial Measures
The total cost for remedial measures is based on (1) a percent of total cost of habitat restoration/creation costs, (2) a cost per acre for remedial measures applied to a percent of total preserve system acres acquired, and (3) a lump sum cost for other remedial measures. No changes were made in these cost assumptions for this audit.

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Contingency
Contingency costs reflect changes in other cost categories. The estimated rate remains at five percent and is applied to total Plan costs net of total land acquisition and total habitat restoration/creation costs.

Summary of Cost Model Results
Table 3.2 and Table 3.3 summarize changes in total costs by cost category for the Plan for the initial and maximum UDA, respectively. The tables compare the results of this audit to the 2006 Plan costs and the prior 2013 audit. All amounts are updated to 2016 dollars using the same inflation index used to update actual Conservancy costs to date in the cost model. Total costs excluding wetland mitigation fee revenue are shown at the bottom of the table because changes to this amount directly affect the development fee (see Chapter 5).

Adjusted for inflation, total costs are in the range of 10 percent lower than costs in the 2013 audit for both the initial and maximum UDA scenarios.

Similar results pertain for total costs excluding wetland mitigation fee revenue; costs used to calculate the development fee are eight percent lower than those in the 2013 audit for the initial UDA scenario and four percent lower for the maximum UDA scenario.

Trends in costs between this audit and the 2006 Plan, and this audit and the prior (2013) audit, are described below. All comparisons are in 2016 dollars as presented in Tables 3.2 and 3.3.

1. Program administration: Costs are higher than estimated for the 2006 Plan due to higher costs for (1) overhead support and benefits, (2) legal and financial analysis services, and (3) higher than anticipated costs to assist Participating Special Entities with the permitting process, offset by revenue from higher administrative charges and other development exactions. Costs are unchanged from the 2013 audit.

2. Land acquisition: Costs adjusted for inflation have not changed significantly from the 2006 Plan and the 2013 audit.

3. Planning and design: Total costs remain higher than in the 2006 Plan because of higher costs for overhead support and benefits than originally anticipated. Cost decline from the 2013 audit because (1) that audit assumed Conservancy technical staffing while this audit assumes more planning services are contracted out, and (2) this audit shifts restoration design costs to the habitat restoration/creation category.

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Table 3.2: Cost Model Comparison – Initial Urban Development Area (2016 $) Cost Category
2006
Plan
2013
Fee Audit
2017
Fee Audit
2017 Audit vs.
2006 Plan
2017 Audit vs.
2013 Audit
Program Administration $20,540,000 $26,690,000 $26,630,000 $6,090,000 30% $(60,000) (0%) Land Acquisition 216,910,000 217,690,000 217,550,000 640,000 0% (140,000) (0%) Planning and Design 6,960,000 10,300,000 7,810,000 850,000 12% (2,490,000) (24%) Habitat Restoration/Creation 23,080,000 50,290,000 43,430,000 20,350,000 88% (6,860,000) (14%) Environmental Compliance 2,650,000 3,720,000 3,640,000 990,000 37% (80,000) (2%) Preserve Management &
Maintenance
37,400,000 46,730,000 28,990,000 (8,410,000) (22%) (17,740,000) (38%) Monitoring, Research, & Adaptive
Management
21,260,000 22,030,000 12,890,000 (8,370,000) (39%) (9,140,000) (41%) Remedial Measures 1,790,000 3,160,000 3,080,000 1,290,000 72% (80,000) (3%) Contingency 5,680,000 6,210,000 4,280,000 (1,400,000) (25%) (1,930,000) (31%)

Total Plan Implementation $336,270,000 $386,820,000 $348,300,000 $12,030,000 4% $(38,520,000) (11%) Wetland Mitigation Fee Revenue 25,170,000 42,140,000 36,550,000 11,380,000 45% (5,590,000) (13%) Total Costs Excluding Wetland
Mitigation Fee $313,190,000 $336,530,000 $311,750,000 $(1,440,000) (0%) $(24,780,000) (8%) Note: 2006 Plan and 2013 Fee Audit costs are inflated to 2016 dollars using the inflation index in Appendix F.

Sources: 2006 Plan, Table 9-1; 2013 audit, Table 3.2; Appendix C (Summary tab); Appendix F, Table F.1.

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Table 3.3: Cost Model Comparison – Maximum Urban Development Area (2016 $) Cost Category
2006
Plan
2013
Fee Audit
2017
Fee Audit
2017 Audit vs.
2006 Plan
2017 Audit vs.
2013 Audit
Program Administration $20,630,000 $26,770,000 $26,680,000 $6,050,000 29% $(90,000) (0%) Land Acquisition 266,760,000 257,140,000 268,650,000 1,890,000 1% 11,510,000 4% Planning and Design 7,050,000 10,430,000 7,810,000 760,000 11% (2,620,000) (25%) Habitat Restoration/Creation 25,910,000 56,090,000 51,750,000 25,840,000 100% (4,340,000) (8%) Environmental Compliance 2,650,000 3,720,000 3,640,000 990,000 37% (80,000) (2%) Preserve Management &
Maintenance
41,250,000 55,680,000 35,650,000 (5,600,000) (14%) (20,030,000) (36%) Monitoring, Research, & Adaptive
Management
23,860,000 24,800,000 14,880,000 (8,980,000) (38%) (9,920,000) (40%) Remedial Measures 1,920,000 3,590,000 3,650,000 1,730,000 90% 60,000 2% Contingency 6,170,000 6,920,000 4,890,000 (1,280,000) (21%) (2,030,000) (29%)

Total Plan Implementation $396,200,000 $445,140,000 $417,600,000 $21,400,000 5% $(27,540,000) (7%) Wetland Mitigation Fee Revenue 26,770,000 48,100,000 42,200,000 15,430,000 58% (5,900,000) (12%) Total Costs Excluding Wetland
Mitigation Fee $370,290,000 $389,050,000 $375,400,000 $5,110,000 1% $(13,650,000) (4%) Note: 2006 Plan and 2013 Fee Audit costs are inflated to 2016 dollars using the inflation index in Appendix F.

Sources: 2006 Plan, Table 9-1; 2013 audit, Table 3.2; Appendix D (Summary tab); Appendix F, Table F.1.

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4. Habitat restoration/creation: Costs are higher than the 2006 Plan due to higher construction unit costs than assumed in the Plan for nearly all habitat types based on actual Conservancy experience. Costs are lower than the 2013 audit because the inflation index used to inflate construction costs from 2012 dollars for this audit is lower than used in Tables 3.2 and

3.3 to inflate 2012 costs across all cost categories.

5. Environmental compliance: Costs are higher than the 2006 Plan because a more fine-grained approach in the 2013 audit documented significantly higher permitting costs for restoration projects than originally projected.

Costs remain nearly unchanged from the 2013 to the 2017 audit.

6. Preserve management and maintenance: Costs are lower than the 2006 Plan and the 2013 audit because this audit reflects economies of scale associated with the Conservancy’s partnership with EBRPD. Also, costs in the 2006 Plan included recreation management and these costs were removed in the 2013 audit. Finally, with this audit through year 9 (2016) nearly one-third of the permit term has elapsed. Actual costs to date have been lower due to lower levels of impacts from covered activities (see Table 2.2), and therefore total costs for the entire permit term decline with fewer years remaining for management and maintenance activities.

7. Monitoring, research, and adaptive management: Costs decline in part because higher contractor costs are more than offset by lower Conservancy staff costs. More significantly, and like the comment above regarding lower preserve management and maintenance costs, nearly onethird of the permit term has elapsed and there are fewer years over which the Conservancy will incur the remaining costs.

8. Remedial measures: Costs are higher than the 2006 Plan because they are primarily affected by habitat restoration/creation costs (see discussion, above). Costs are nearly unchanged from the 2013 audit.

9. Contingency: Costs are lower than the 2006 Plan and the 2013 audit because costs are deleted for prior years and instead reflected in actual costs for the other cost categories.

Overall, total costs are slightly higher compared to the 2006 plan and slightly lower compared to the 2013 audit. Total costs excluding wetland mitigation fee revenue, the total amount used to calculate the development fee, follow similar trend though not to the same degree.

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4. ENDOWMENT MODEL
The 2006 Plan requires funding for post-permit term costs in perpetuity for the management and monitoring of the preserve system.18 The Plan did not require that these costs be included in the initial funding plan. Instead, the Plan required that the Conservancy develop a funding plan for post-permit term costs, and secure all necessary commitments to implement the funding plan, by year 15 (2022) or when half of the impacts allowed under the permit occur, whichever comes first.

This audit represents a significant turning point for implementation of the 2006 Plan. For the first time, this audit includes funding for post-permit term costs in perpetuity. Due to cost savings in other areas, this audit proposes a mitigation fee schedule that fully funds post-permit term costs in perpetuity with small increase in current fees (see Chapters 5 and 6).

Post-permit term costs would be funded by a portion of mitigation fee and other revenues transferred to an endowment over time. The endowment would grow with re-invested earnings through year 30. At that time, the endowment would be large enough to generate ongoing earnings sufficient to fully fund post-permit management and monitoring costs in perpetuity, including adjustments for inflation.

The approach taken to estimate post-permit term costs and endowment funding is like that used in other recent Northern California regional habitat plans, including the San Joaquin Multi-Species Habitat Conservation and Open Space Plan, Santa Clara Valley Habitat Plan, the Yolo Habitat Conservation Plan, and the Placer County Conservation Program. The approach fully complies with applicable statutes regarding investment of public funds for long-term stewardship of conservation lands.19 The approach also ensures that, pursuant to the MFA, future development does not fund the endowment needs associated with development that has occurred to date.

Post-permit Term Costs and Revenues
Annual post-permit funding needs from the endowment were developed based on guidance provided in Chapter 9 of the 2006 Plan. Total post-permit term costs were estimated based on a percent of annual costs in the final fiveyear period of the plan (years 26-30) for the following cost categories:
18 2006 Plan, Chapter 9, pp. 9-40 to 9-42 and Table 9-9. 19 See Mitigation Lands: Nonprofit Organizations (California Government Code section 65965-65968) and the Uniform Prudent Management of Institutional Funds Act (Probate Code section 18501 et seq.).

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w 45 percent of program administration costs
w 100 percent of preserve management and monitoring costs w 50 percent of monitoring, research, and adaptive management costs The EBRPD has been building a lease revenue stream from activities on preserve system lands primarily associated with wind turbine sites, cell towers, and grazing rights. The agency has been using these funds for preserve management and maintenance costs. Annual revenues have averaged $500,000 annually over the past four years (2013-2016). Some lease revenues are anticipated to continue in perpetuity and therefore to provide funding for postpermit term costs. To be conservative, the endowment model assumes that 50 percent of current average annual lease revenue will be available for postpermit term funding in perpetuity ($250,000 annually).

Endowment Funding Plan
The endowment fund balance is built through year 30 with a combination of three types of revenue:

1. Re-invested earnings from endowment investments.

2. An opening balance representing the fair share cost for development to date (years 1-9)

3. Allocation of a share of revenues from mitigation fees and possibly other Conservancy and local partner revenues through year 30
The Conservancy will need to develop a funding plan for the endowment to ensure that a sufficient balance is built by year 30 to fund post-permit term costs in perpetuity. Guidance for development of the funding plan is provided in the subsections, below.

Investment Earnings
The endowment model assumes a long-term average annual return on investment (ROI) of 7.25 percent. For comparison, other funds with similar long range investment horizons such as university endowments, pension funds, and hospital endowments, have average annual earnings objectives of six to nine percent.

Based on an ROI goal of 7.25 percent, the endowment model assumes that inflation is 3.00 percent and endowment manager fees are 1.00 percent. As shown in Table 4.1, this results in an annual real return on endowment fund balances of 3.25 percent. The real rate of return is also known as the “capitalization rate”. Thus, the endowment can be expected to generate funding for post-permit term costs, adjusted for inflation and management D.1.a
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fees, at a constant rate of 3.25 percent of the fund balance that is achieved by the end of the permit term in year 30 (2037).

Table 4.1: Investment Earnings
Allocation of Annual Investment Earnings
on Endowment Fund Balance
Percent of Endowment
Fund Balance
Average Annual Return on Investment Goal1 7.25%
Reinvested Earnings to Offset Inflation 3.00%
Available for Annual Distributions 4.25%
Endowment Manager Fees2 1.00%
Average Annual Real Rate of Return to
Fund Post-Permit Term Costs

3.25%
1 Total average annual investment earnings are net of investment management fees (including custodial and audit costs) and are separate from endowment manager fees (see note 2).
2 The endowment model assumes that the Conservancy will engage an outside endowment fund manager instead of staffing this function in-house. Endowment manager fees would fund administration, accounting, and reporting costs directly associated with the Conservancy’s account.

These assumptions are based on a current habitat endowment management programs operated by the National Fish and Wildlife Foundation (NFWF) under agreements with the California Department of Fish and Wildlife. These programs assume a long-range real rate of return of 3.25 percent to 3.50 percent. The endowment model for this audit uses the more conservative rate of 3.25 percent. This rate is the same rate being used by the Santa Clara Valley Habitat Agency for its endowment fund being managed by the Santa Clara Valley Community Foundation.

Lower investment earnings, higher inflation, or higher endowment manager fees would require increased endowment funding and higher mitigation fees.

Higher investment earnings, lower inflation, or lower endowment manager fees would require less endowment funding and lower mitigation fees. Future periodic fee audits will evaluate these assumptions and adjust mitigation fees and other revenues allocated to the endowment as needed to maintain adequate funding.

Opening Fund Balance
Development that has occurred through year 9 has not directly contributed funding for post-permit term costs. Therefore, the endowment fund requires a source of revenue other than future mitigation fees and their related investment earnings to represent prior development’s fair share of total endowment funding needs. This funding need will be satisfied by the D.1.a
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Conservancy contributing to the endowment’s opening fund balance when the fund is established.

The Conservancy has several options for sources of funding to cover the fair share of development impacts through year 9. One source is a $1 million currently being held by the California Wildlife Foundation that is available for the Conservancy’s endowment. Another source is the Conservancy’s own fund balance that was $2.3 million as of the end of the prior fiscal year (December 31, 2016).

The fair share endowment contribution from prior development was calculated in three steps with use of the endowment model:

1. Fee revenue contributions sufficient to build the endowment by year 30 were calculated for the initial and maximum UDA based on no opening fund balance.

2. The total revenue contribution for each scenario from step (1) was multiplied by a factor representing impacts to date, weighted by zone, as a percent of permit limits (see Table 2.2). This factor was 4.5 percent for the initial UDA and 3.0 percent for the maximum UDA.

3. The fair share revenue contributions represented by impacts to date from step (2) was used in the endowment model as the opening fund balance, and the model recalculated revenue contributions required from remaining development from each scenario.

The calculated fair share endowment contribution is $2,200,000 and $1,750,000 for the initial and maximum UDA scenarios, respectively. The average of these two amounts is $1,975,000.

Mitigation Fees and Other Revenues
Besides investment earnings, the other ongoing funding sources to build the endowment fund balance by year 30 are revenues from mitigation fees and possibly other Conservancy and local partner revenues. The Conservancy will need to develop a plan to fund this endowment contribution.

Many non-fee revenues sources, including state and federal sources, are generally limited to the following (overlapping) uses: (1) land acquisition, and (2) conservation component of the Plan over and above mitigation requirements. Therefore, these funding sources cannot fund the endowment costs for management and monitoring of lands associated with the conservation (non-mitigation) component in perpetuity. Consequently, other funding sources primarily mitigation fees will fund the share of the endowment associated with the conservation (non-mitigation) component of the Plan. In return, state, federal, and other sources will fund a larger share of land acquisition costs. In this manner both types of funding sources (non-fee D.1.a
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sources and mitigation fees) will remain constrained to funding only their respective appropriate shares of total Plan costs.

The endowment model assumes that revenue contributions will be made at a constant rate on an annual basis through the end of the permit term. Of course, revenues may fluctuate above and below this annual average from year to year particularly if funding relies on mitigation fees. However, this variability is offsetting, i.e. lower endowment fund contributions in one year are compensated by higher contributions in other years. Furthermore, periodic audits such as this one enable the Conservancy to adjust its funding plan for the endowment, including revising mitigation fee levels, in response to changing conditions to ensure an adequate fund balance by the end of the permit term.

Mitigation Fees
Development and rural infrastructure fees are likely the primary mitigation fee funding source because there is a reasonable relationship (nexus) between development impacts and the size of the reserve, and the size of the reserve determines post-permit funding needs.

Wetland mitigation fees are associated with specific habitat impacts and only fund habitat restoration/creation projects. Wetland mitigation fees do not fund land acquisition so there is less of reasonable relationship between these types of impacts and the purpose of the endowment. Therefore, these fees are probably not appropriate to contribute to the endowment.

Temporary impact fees could be used to contribute to the endowment though these fees are only one percent of total revenues for the Conservancy’s overall plan for funding Plan implementation costs (see Chapter 8, Table 8.1).

Other Potential Funding
Other potential funding for the endowment includes:
w Administrative charges
w Other development exactions, e.g. contributions to recovery that are above and beyond mitigation payments
w Interest earnings (on the Conservancy’s operating account) w Lease revenues
Like temporary impact fees, the first three sources listed above together constitute only a small share of total revenues for the Conservancy’s overall funding plan (see Chapter 8, Table 8.1). Thus, these sources are unlikely to be depended upon for the endowment funding.

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The fourth source, lease revenues, are received by the EBRPD. As described above, lease revenues have averaged about $500,000 annually since 2013.

These revenues could be tapped for endowment funding.

Endowment Fund Model Results
The key inputs to and results from the endowment model are shown below in Table 4.2.

Table 4.2: Post-Permit Funding
Initial
UDA
Maximum
UDA
Endowment Opening Balance (Year 10) $2,200,000 $1,750,000 Endowment Revenue (Years 10-30) 45,930,000 57,290,000
Endowment Investment Earnings (Years 10-30) 21,660,000 26,060,000 Endowment Fund Balance (Year 30) $69,790,000 $85,100,000 Annual Distribution Rate (Year 31+) 3.25% 3.25%
Annual Distribution (Year 31+) $2,270,000 $2,770,000
Annual Lease Revenue (Year 31+) 250,000 250,000
Annual Endowment Funding (Year 31+) $2,520,000 $3,020,000 Source: Appendix E, Tables E.1 and E.2.

See Appendix E for detailed output of the endowment model for the initial and maximum UDA scenarios.

Endowment Management
The Conservancy may manage and invest endowment funds directly or have another entity hold and invest the endowment under contract as authorized by California Government Code section 65965. The Conservancy should ensure that the endowment is managed, invested, and disbursed in furtherance of the long-term stewardship of the preserve system by:
w Managing endowment funds efficiently.
w Achieving a reasonable long-term rate of return on investment of endowment funds like those of other prudent investors for endowment funds.
w Achieving a long-term rate of return that is equal to the annual real rate of return assumed in the funding plan (currently 3.25 percent), after deducting inflation and fees.

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w Contributing to the endowment at least annually by transferring a fixed percentage of development fee and rural infrastructure fee revenues received.
w Use the periodic audits required by the Plan (such as this audit) to adjust fees and endowment contributions to ensure full funding of the endowment by the end of the permit term.
w Managing and investing endowment funds in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, consistent with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code).
w Utilizing generally accepted accounting practices as promulgated by either the Financial Accounting Standards Board or any successor entity for nonprofit organizations or the Governmental Accounting Standards Board or any successor entity for public agencies, to the extent those practices do not conflict with any other requirements of law. w Disbursing endowment funds on a timely basis and only for the long-term stewardship of the preserve system post-permit term.

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5. WETLAND MITIGATION FEE
This chapter presents the updated wetland mitigation fee schedule and the reasonable relationship findings required by the MFA and explained in Chapter

1. Unless the applicant chooses to perform their own restoration or creation, the wetland mitigation fee is applied to covered activities that generate permanent impacts on aquatic land cover types whether inside or outside the UDA.20 Wetland mitigation fees are calculated based on the surface area of the aquatic land cover type impacted, regardless of the size of the covered activity or the total amount of impacts. The wetland mitigation fee is therefore typically applied to small portion of the total impacts of a covered activity.

Updated Fee Schedule
The wetland mitigation fee is based on the unit costs (cost per acre or cost per linear foot for streams) presented in the prior chapter multiplied by a mitigation ratio established by the Plan. The mitigation ratio represents the restoration area needed to mitigate one acre (or one linear foot in the case of streams) of impact. Most mitigation ratios are one-to-one, that is one acre of impact requires one acre of wetland restoration/creation to mitigate impacts.

Several land cover types require a higher or lower mitigation ratio to adjust for the relative ability of restoration projects to mitigate the types of impacts associated with a given land cover type. The updated wetland mitigation fees based on mitigation ratios by land cover type are shown in Table 5.1.

Consistent with the habitat restoration/creation cost estimates explained in Chapter 3, above, the wetland mitigation fee is only related to the one-time activity of restoration or creation of aquatic land cover types. The three other fees presented in the following two chapters of this report address the other Plan costs to mitigate the impacts of covered activities on aquatic land cover types. These other costs include, for example, acquisition of sites for wetland, pond, and stream restoration/creation, preservation of existing wetland, pond, and stream habitat and long-term management, maintenance, and monitoring of habitat restoration/creation sites.
20 2006 Plan, Chapter 9, pp. 9-23 to 9-24 and Table 9-5.

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Table 5.1: Wetland Mitigation Fee Schedule
Land Cover Type
Habitat Restoration /
Creation Cost
Mitigation
Ratio Wetland Mitigation Fee
Riparian $ 90,039 per acre 1:1 $ 90,039 per acre
Perennial Wetland 136,456 per acre 1:1 136,456 per acre Seasonal Wetland 159,665 per acre 2:1 319,330 per acre
Alkali Wetland 161,410 per acre 2:1 322,820 per acre
Ponds 175,719 per acre 1:1 175,719 per acre
Aquatic (Open Water) 175,719 per acre 0.5:1 87,860 per acre Slough / Channel 125,463 per acre 1:1 125,463 per acre
Streams (<=25 ft. wide) 463 per linear foot 1:1 463 per linear foot Streams (>25 ft. wide) 695 per linear foot 1:1 695 per linear foot Sources: 2006 Plan, Tables 5-16 and 5-17; Table 3.1.

Table 5.2 compares the updated wetland mitigation fees to current fees. The current fee has two levels. The "Cities/County" fees are imposed by Permittees with land use authority (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. The "Conservancy" fees reflect the results of the 2013 audit and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.

Wetland mitigation fees imposed per acre by the Conservancy decline compared to current fees because of differences in the inflation index for certain cost components used for this audit versus the index used for the annual fee adjustments. The former uses the Building Cost Index (BCI) provided by the California Department of General Services, and the latter uses the Consumer Price Index (CPI) for the San Francisco Bay Area provided by the U.S. Bureau of Labor Statistics. The BCI increased less than the CPI so fees can be reduced compared to current Conservancy levels while still fully funding habitat restoration/creation costs.

Fee imposed by the cities and the County increase for most land cover types primarily because the cities and the County have not yet adopted the revised rates developed by the 2013 audit.

Estimated restoration costs and revenues associated with aquatic land cover impacts are shown in Table 5.3. The table multiplies the aquatic land cover acreage impacts from Table 2.4 by the update fee schedule in Table 5.1. The 30-year revenue estimates in the table are used in the development fee calculation presented in Chapter 6.

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Table 5.2: Wetland Mitigation Fee Comparison
Current
Fee (2017) Fee
Audit
(2017)
Fee Audit
Compared To:

Sources: ECCC Habitat Conservancy; Table 5.1.

Mitigation Fee Act Findings
The following findings are required by the MFA and were presented in Chapter

1. Section 66001(a)(1)
The wetland mitigation fee is intended to pay the full cost of restoration or creation of aquatic land cover types, including design, implementation, postconstruction monitoring, and remediation. The development fee described in the next chapter will fund acquisition of the site for the restoration or creation and the management and monitoring after the wetland is fully functioning.

Restoration of oak savanna is also required by the Plan, but the cost of this restoration is included in the development fee because it is not associated with jurisdictional wetlands and waters.

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Table 5.3: Wetland Mitigation Fee Revenue

Fee Revenue
(Year 10-30)
Land Cover Type Wetland Mitigation Fee
Initial
UDA
Maximum
UDA
Riparian $ 90,039 per acre $ 2,600,000 $ 3,050,000
Perennial Wetland 136,456 per acre 3,020,000 3,060,000
Seasonal Wetland 319,330 per acre 4,350,000 5,840,000
Alkali Wetland 322,820 per acre 2,970,000 3,290,000
Ponds 175,719 per acre 1,210,000 1,390,000
Aquatic (Open Water) 87,860 per acre 1,050,000 1,050,000 Slough / Channel 125,463 per acre 9,020,000 9,020,000
Subtotal $24,220,000 $26,700,000
Streams (<=25 ft. wide) $463 per linear foot 9,470,000 11,910,000 Streams (>25 ft. wide) 695 per linear foot 2,030,000 2,760,000 Total $35,720,000 $41,370,000
Fee Revenue
(Year 0-30)
Initial
UDA
Maximum
UDA
Actual (Year 0-9) $830,000 $830,000
Estimated (Year 10-30) 35,720,000 41,370,000
Total (Year 0-30) $36,550,000 $42,200,000
Note: "UDA" is the urban development area.

Sources: Tables 2.3, 5.1, and 8.1.

Section 66001(a)(2)
The wetland mitigation fee will fund the capital costs associated with wetland restoration/creation the mitigate related wetland impacts. Chapter 5 of the Plan explains the conservation strategy for wetland restoration/creation, and Chapter 9 explains the costs associated with implementing the strategy.

Section 66001(a)(3)
A reasonable relationship exists between the use of wetland mitigation fee revenue and covered activities that would pay the fee. Only covered activities that have wetland impacts (impacts on species and natural communities within aquatic land cover types) pay the fee, and fee revenues fund implementation of the conservation strategy designed to mitigate those impacts. Specific elements of the strategy from Chapter 5 of the Plan that relate to the restoration or creation of wetlands, ponds, and streams include:

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w Conservation methods such as:
– Biological goals and objectives that include the restoration and creation of wetlands, ponds, and streams.
– Mitigation of impacts on state and federal jurisdictional wetlands and waters.
w Conservation measures such as:
– Conservation Measure 2.3. Restore Wetlands and Create Ponds – Conservation Measure 2.10. Restore Streams and Riparian Woodland/Scrub to Compensate for Habitat Loss and to Increase Biodiversity.

The cost model summarized in Chapter 9 and presented in detail in Appendix G of the Plan explains the costs associated with the restoration or creation of wetlands, ponds, and streams. Updated costs are shown in Table 3.1 in Chapter 3 of this report and include:
w All costs associated with the habitat restoration/creation cost category (includes construction costs and staff-related costs)
w The share of environmental compliance costs associated with one-time costs for habitat restoration/creation
w The share of monitoring, research, and adaptive management costs associated with habitat restoration/creation, specifically costs for preconstruction surveys and construction monitoring.

Section 66001(a)(4)
A reasonable relationship exists between the need for the wetland mitigation fee and covered activities that would pay the fee. Chapter 3 of the Plan explains the relationship between the 17 animal and 11 plant species covered under the Plan and aquatic land cover types (see Table 3-9 in Chapter 3 of the Plan).

Chapter 4 of the Plan explains the impacts of covered activities on these animal and plant species, and more broadly on natural communities. The importance of aquatic land cover types is demonstrated by:
w The eight aquatic land cover types provide habitat for all 17 animal species covered under the Plan.
w Individual aquatic land cover types provide habitat for at least three and, in the case of seasonal wetlands, as many as 11 covered animal species. w Vernal pools are an essential habitat for four covered species and 11 covered plants.

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Section 66001(b)
A reasonable relationship exists between the amount of the wetland mitigation fee on a specific covered activity and the proportionate share of Plan costs based on the fee schedule shown in Table 5.1. The fee schedule reflects the type of land cover that is affected because both mitigation ratios and per acre mitigation costs vary by land cover. The total fee for a covered activity is proportional to the amount of the impact based on the number of acres of wetland or pond, or linear feet of stream affected.

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6. DEVELOPMENT FEE
This chapter presents the updated development fee schedule and the reasonable relationship findings required by the MFA and explained in Chapter

1. The development fee is applied to covered activities that generate permanent impacts inside the UDA.21 Applicants also have the option of dedicating land to the preserve system in lieu of a fee payment subject to approval by the Conservancy.

Updated Fee Schedule
The development fee is based on covered activities related to urban development (all covered activities within the UDA) funding a fair share of total Plan implementation costs. The fair share is based on the total amount of lands dedicated to habitat preservation in Eastern Contra Costa County, both lands existing prior to the Plan and lands added by the preserve system through implementation of the Plan. The Plan apportioned this total land area for habitat preservation between urban development existing prior to the Plan and urban development anticipated to occur during the 30-year permit term of the Plan. The fair share of costs allocated to the development fee under the maximum UDA scenario is 52 percent as documented in Appendix H of the Plan. The Plan requires that the periodic audit use this fair share amount to update the development fee, and that the fee cannot make up for shortfalls in revenue from other local, state, and federal sources.22 As explained in Chapter 1, all covered activities pay the development fee unless the applicant provides their own mitigation. In cases where aquatic land cover types are affected, the wetland mitigation fee is also paid. As explained in Chapter 3, the wetland mitigation fee will fund costs of habitat restoration/creation associated with impacts on wetlands, ponds, and streams.

Therefore, total Plan costs subject to the fair share calculation are calculated net of wetland mitigation fee revenue. This approach avoids double-charging covered activities for the same Plan costs.

Table 6.1 shows that share of total Plan costs allocated to the development fee. Costs are shown net of estimated wetland mitigation fee revenue drawn from Table 5.3 in the prior chapter. Development fee revenue to date (years 1-9) is deducted from the fair share allocated to the development fee to calculate the net revenue still required from the development fee for the remaining 21 years of the permit term. Using this approach in future periodic 21 2006 Plan, Chapter 9, pp. 9-17 to 9-22, Figure 9-1, Table 9-4. 22 2006 Plan, Chapter 9, p. 9-31.

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audits will ensure that at the end of the permit term covered activities would have paid the fair share of plan costs as calculated in the Plan.

Table 6.1: Development Fee Fair Share Analysis
Maximum Urban
Development Area
Initial Urban
Development Area
Formula Amount Formula Amount
Plan Implementation Costs a $417,600,000 q $348,300,000 Wetland Mitigation Fee Revenue b (42,200,000) p (36,550,000) Endowment Contribution c 59,040,000 o 48,130,000
Net Cost Subject to Fair Share
Allocation d (sum) $434,440,000 m (sum) $359,880,000
Development Fair Share Allocation1 e 52% l = k / m 42%

Development Fair Share Costs f = d * e $225,910,000 k = m - i $151,350,000 Development Fee Revenue to Date g (6,190,000) g (6,190,000) Remaining Development
Fair Share Costs (Years 10-30) h = f - g $219,720,000 j = k + g $145,160,000 Remaining Non-Fee Funding i = d - f $208,530,000 i $208,530,000 1 "Development Fair Share Allocation" for maximum UDA based on 2006 Plan, Appendix H, Table 1, consistent with procedures required for periodic audit (2006 Plan, Chapter 9, p. 9-31). Also, consistent with the 2006 Plan, the initial UDA Development Fair Share Allocation is based on holding constant non-fee revenue sources calculated for the maximum UDA scenario. This approach reasonably assumes that other federal, state, and local funding over the permit term will not be affected by the amount of urban development area impacts.

Sources: 2006 Plan, Appendix H, Table 1; Tables 3.2, 3.3, 5.3, 8.1, and Appendix E, Table E.1 and E.2.

A range of federal, state, and local sources fund the remaining costs for Plan implementation, including rural infrastructure fees and temporary impact fees.

Fair share costs allocated to the development fee under the initial UDA scenario are calculated by holding constant total funding from these other sources. It is reasonable to assume that the level of development under the Plan would not affect the level of funding from these other sources.

The updated development fee is shown in Table 6.2. The fee is based on the fair share costs calculated in Table 6.1 divided by the equivalent acres of impact remaining under each scenario from Table 2.2. The bottom of Table 6.2 shows the fee per acre by zone based on the weighting factors explained in Chapter

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Table 6.2: Development Fee Schedule
Initial
UDA
Maximum
UDA Average
Fee per Equivalent Acre
Remaining Development Fair Share Costs
(Years 10-30) $145,160,000 $219,720,000
Remaining Development Impacts
(equivalent acres) 20,814 30,928
Development Fee (per equivalent acre) $6,974 $7,104 $7,039 Fee Schedule (per acre of impact) Weight
Zone 1 2 $13,948 $14,208 $14,078
Zone 2 4 $27,896 $28,416 $28,156
Zone 3 1 $ 6,974 $ 7,104 $ 7,039
Source: Tables 2.2 and 6.1.

Table 6.2 also shows the average fee for the initial and maximum UDA scenarios. Use of the average development fee for the two scenarios was approved by the Conservancy Board when adopting the 2013 Audit recommendations (June 27, 2013).

Consistent with the 2013 audit, these equivalent acres do not discount for lands within the UDA that remain undeveloped during the permit term, as was done in the Plan to calculate the original development fee. A discount factor for developable land is no longer warranted because public funding for land acquisition has been strong. The Conservancy will be well-positioned to pursue an extension if the impact estimates are not reached within the current 30-year permit term.

Comparison with Original and Current Fee
In Table 6.3 the updated fee based on the average of the two scenarios is compared with the current adopted fee. The current fee has two levels for the same reason explained in the prior chapter. The "Cities/County" fees are imposed by Permittees with land use authority (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. The "Conservancy" fees reflect the results of the 2013 audit and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee. Most covered activities are currently paying the “Cities/County” fee.

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Table 6.3: Development Fee Comparison (fee per acre)
Current
Fee (2017) 2017
Fee
Audit2
Fee Audit
Compared To:

Zone
Cities/
County
ConservancyCities/
County
Conservancy
Zone 1 $14,711 $13,491 $14,078 (4.3%) 4.4%
Zone 2 $29,423 $26,983 $28,156 (4.3%) 4.3%
Zone 3 $ 7,356 $ 6,746 $ 7,039 (4.3%) 4.3%
Note: "Cities/County" fees are imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. "Conservancy" fees reflect the results of the 2011 and 2013 audits and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.
1 Uses average development fee of initial and maximum UDA scenarios as approved by the Conservancy Board when adopting the 2013 Audit recommendations (June 27, 2013).

Sources: ECCC Habitat Conservancy; Table 6.2.

Required future revenue contributions to the endowment represent about 20 percent of total remaining Plan costs for years 10-30. Current development fees require only a modest adjustment despite this additional cost because of cost savings over the 30-year permit term. These cost savings come primarily from the preserve management and maintenance cost category discussed in Chapter 3. Such savings were anticipated by the Plan as a source of funding for the endowment.

Mitigation Fee Act Findings
The following findings are required by the MFA and were presented in Chapter

1. Section 66001(a)(1)
The development fee is intended to pay the fair share cost of the Plan associated with permanent impacts from urban development excluding habitat restoration/creation costs for aquatic land cover types funded by the wetland mitigation fee.

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Section 66001(a)(2)
The development fee will fund a fair share of all Plan costs except costs funded by wetland mitigation fees. Chapter 5 of the Plan explains the conservation strategy for the Plan and Chapter 9 explains the costs associated with implementing the strategy.

Section 66001(a)(3)
A reasonable relationship exists between the use of development fee revenue and covered activities that would pay the fee. Chapter 5 of the Plan explains the conservation strategy and Chapter 9 explains the costs associated with implementing the strategy.

The conservation strategy in Chapter 5 of the Plan identifies biological goals and objectives that are supported by specific conservation measures: five measures related to landscape-level conservation, nine measures related to natural community-level conservation (excluding two measures related to wetland, pond, and stream restoration/creation discussed in the prior chapter of this report), and nine measures related to species-level conservation.

The cost model summarized in Chapter 9 of the Plan and presented in detail in Appendix G of the Plan explains and estimates the costs associated with implementation. Updated costs are shown in Chapter 3 of this report and include nine cost categories necessary to implement the Plan: program administration, land acquisition, planning and design, habitat restoration/creation, environmental compliance, preserve management and maintenance, monitoring, research, and adaptive management, remedial measures, and contingency fund. As explained in the Chapter 3 of this report costs related to wetland, pond, and stream habitat restoration/creation are not included in the development fee.

Section 66001(a)(4)
A reasonable relationship exists between the need for the development fee and covered activities that would pay the fee. Chapter 3 of the Plan explains the relationship between the 17 animal species, 11 plant species, and associated habitats covered under the Plan and terrestrial land cover types (see Table 3-9 in Chapter 3 of the Plan). Chapter 4 of the Plan explains the impacts of covered activities by land cover type on these animal and plant species, and more broadly on their habitats and natural communities.

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Section 66001(b)
A reasonable relationship exists between the amount of the development fee on a specific covered activity and the proportionate share of Plan costs based on the fee schedule shown in Table 6.2 for three reasons:
w The fee is based on urban development’s fair share of Plan costs as determined by the share of urban development occurring under the Plan compared to total development (existing plus new) under the maximum UDA scenario. As stated in the Plan: “this analysis considers the pace of open space acquisition relative to the pace of development before and after adoption of the HCP/NCCP, and assigns the land acquisition requirements of the HCP/NCCP according to the premise that future development should mitigate impacts in the inventory area proportionate to its share of the overall habitat impacts in the inventory area (i.e., impacts in the past and the future).”23
w As explained in detail in Chapter 2 in the section “Development Fee Zone” the fee is adjusted for three zones that reflect the relative amount of impact from urban development on natural habitats and covered species. The mapping of the zones was completed at a level of detail sufficient to provide a reasonable relationship between all land within a specific zone and the relative weight of impacts assigned to that zone. w The total fee for a covered activity is proportional to the amount of the impact based on the number of acres affected.
23 2006 Plan, Chapter 5, p. 5-51.

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7. RURAL INFRASTRUCTURE AND TEMPORARY IMPACT FEES
This chapter presents the updated fee schedule for the rural infrastructure fee and the temporary impact fee, and the reasonable relationship findings for each fee required by the MFA and explained in Chapter 1.

Rural Infrastructure Fee
The rural infrastructure fee is applied to all permanent impacts from covered activities outside the UDA based on the UDA boundaries at the time of the covered activity. The rural infrastructure fee is based on the development fee described in the prior chapter and shown in the fee schedule in Table 6.2.

The Plan focused on fee estimates for 18 specified rural road projects.24 For these projects the development fee was adjusted for the more severe fragmentation, edge, and increased-mortality effects compared to urban development and other rural infrastructure projects and activities. The extent of these additional impacts depends on whether the proposed facility is new or expanded, on the length of the facility, on the type of habitat traversed by the road, and other factors. Some of these additional impacts can be partially reduced by wildlife-friendly design measures.

The Plan also covers other rural infrastructure projects and activities such as flood protection projects, utility projects, and related maintenance activities.

The Plan includes a revenue estimate for these covered activities but does not list specific projects or activities as it does for rural roads.25 Mitigation Fee Act Findings
The following findings are required by the MFA and were presented in Chapter

1. Section 66001(a)(1)
The rural infrastructure fee is intended to pay the costs of the Plan associated with mitigating permanent impacts outside the urban development area, excluding habitat restoration/creation costs for aquatic land cover types funded by the wetland mitigation fee.
24 2006 Plan, Chapter 9, pp. 9-24 to 9-25, Table 9-6.
25 2006 Plan, Appendix H, Table 1. See the $1,500,000 revenue assumption estimate in section 2 of the table for “other rural infrastructure mitigation costs”.

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Section 66001(a)(2)
The rural infrastructure fee will fund Plan costs to mitigate permanent impacts outside the urban development area, excluding habitat restoration/creation costs for aquatic land cover types funded by the wetland mitigation fee.

Chapter 5 of the Plan explains the conservation strategy for the Plan and Chapter 9 explains the costs associated with implementing the strategy.

Section 66001(a)(3)
A reasonable relationship exists between the use of rural infrastructure fee revenue and covered activities that would pay the fee. Chapter 5 of the Plan explains the conservation strategy and Chapter 9 explains the costs associated with implementing the strategy.

The cost model summarized in Chapter 9 and presented in detail in Appendix G of the Plan explains the costs associated with implementation. Updated costs are shown in Chapter 3 of this report and include nine cost categories:
program administration, land acquisition, planning and design, habitat restoration/creation, environmental compliance, preserve management and maintenance, monitoring, research, and adaptive management, remedial measures, and contingency fund. As explained in the prior chapter of this report costs related to habitat restoration/creation on aquatic land cover types are not included in the development fee.

Section 66001(a)(4)
A reasonable relationship exists between the need for the rural infrastructure fee and covered activities that would pay the fee. Chapter 3 of the Plan explains the relationship between the 17 animal species, 11 plant species, and associated habitats covered under the Plan and terrestrial land cover types (see Table 3-9 in Chapter 3 of the Plan). Chapter 4 of the Plan explains the impacts of covered activities by land cover type on these animal and plant species, and more broadly on their habitats and natural communities.

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Section 66001(b)
A reasonable relationship exists between the amount of the rural infrastructure fee on a specific covered activity and the proportionate share of Plan costs based on the fee schedule shown in Table 6.2 for three reasons:
w As explained in the prior chapter, the development fee is based only on urban development’s fair share of Plan costs and excludes permanent impacts outside the UDA. Permanent impacts within the UDA are reasonably like permanent impacts outside the UDA so it is reasonable to base the rural infrastructure fee at the same level as the development fee. w As explained in detail in Chapter 2 in the section “Development Fee Zone” the fee is adjusted for three zones that reflect the relative amount of impact from urban development on natural habitats and covered species. The mapping of the zones was completed at a level of detail sufficient to provide a reasonable relationship between all land within a specific zone and the relative weight of impacts assigned to that zone. w The fee for rural road projects is also adjusted by a multiplier for individual rural road projects to reflect their respective level of additional fragmentation, edge and wildlife mortality effects.
w The total fee for a covered activity is proportional to the amount of the impact based on the number of acres affected.

Temporary Impact Fee
The temporary impact fee is applied to all temporary impacts from covered activities both inside and outside the UDA. The temporary impact fee is based on the development fee described in the prior chapter and shown in the fee schedule in Table 6.2. Where applicable the fee is also based on the wetland mitigation fee described in Chapter 5 and shown in the fee schedule in Table

5.1. As described in Chapter 2 of the Plan there are many covered activities that are short duration or intermittent and result in temporary impacts on natural land cover types. As described in Chapter 4 of the Plan some covered activities are expected to have substantial temporary impacts on covered species due to their large footprint, linear nature, location in the inventory area, effect on local soils or hydrology, or a combination of these factors. Temporary impacts are defined as any impact on vegetation or habitat that does not result in permanent habitat removal.

Chapter 9 of the Plan provides a detailed explanation of the calculation of the temporary impact fee. Covered activities with temporary impacts pay a fee based on the development fee. In addition, covered activities with temporary D.1.a
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impacts on aquatic land cover types also pay a fee based on the wetland mitigation fee. The temporary impact fee is calculated based on the frequency of the temporary impact over the 30-year permit term; the amount of the fee is equal to the applicable development or wetland mitigation fee multiplied by the proportion of the Plan’s 30-year term affected by the temporary impact.

Mitigation Fee Act Findings
The following findings are required by the MFA and were presented in Chapter

1. Section 66001(a)(1)
The temporary impact fee is intended to pay for costs of the Plan associated with mitigating temporary impacts.

Section 66001(a)(2)
The temporary impact fee will fund Plan costs to mitigate temporary impacts.

Chapter 5 of the Plan explains the conservation strategy for the Plan and Chapter 9 explains the costs associated with implementing the strategy.

Section 66001(a)(3)
A reasonable relationship exists between the use of temporary impact fee revenue and covered activities that would pay the fee. Chapter 5 of the Plan explains the conservation strategy and Chapter 9 explains the costs associated with implementing the strategy.

The conservation strategy in Chapter 5 of the Plan identifies biological goals and objectives that are supported by specific conservation measures: five measures related to landscape-level conservation, 11 measures related to natural community-level conservation, and nine measures related to specieslevel conservation.

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Section 66001(a)(4)
A reasonable relationship exists between the need for the temporary impact fee and covered activities that would pay the fee. Chapter 3 of the Plan explains the relationship between the 17 animal and 11 plant species covered under the Plan and all land cover types (see Table 3-9 in Chapter 3 of the Plan). Chapter 4 of the Plan explains the impacts of covered activities on these animal and plant species.

Section 66001(b)
A reasonable relationship exists between the amount of the temporary impact fee on a specific covered activity and the proportionate share of Plan costs based on the fee schedules shown in Table 5.1 and Table 6.2 for three reasons:
w As explained in Chapter 4 regarding the wetland mitigation fee and Chapter 5 regarding the development fee, the fees are based only on Plan costs associated with permanent impacts. Temporary impacts are reasonably like permanent impacts when adjusted for the duration of the temporary impact so it is reasonable to establish the temporary fee based on the wetland mitigation and development fees.
w As explained in detail in Chapter 2 in the section “Development Fee Zone” the fee is adjusted for three zones that reflect the relative amount of impact from urban development on natural habitats and covered species. The mapping of the zones was completed at a level of detail sufficient to provide a reasonable relationship between all land within a specific zone and the relative weight of impacts assigned to that zone. w The total fee for a covered activity is proportional to the amount of the impact based on the number of acres affected.
w The total fee is proportional to the duration of the temporary impact.

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8. FUNDING PLAN
This chapter provides an updated funding plan for the Plan based on the Plan cost and mitigation fee revenue analysis presented in the prior chapters. This chapter provides the remaining two findings required by the MFA and explained in Chapter 1:
w Identify all sources and amounts of funding anticipated to complete financing of improvements to be funded by the fee.
w Designate the approximate dates when funding is expected to complete financing of improvements to be funded by the fee.

Table 8.1 presents the updated funding plan under the initial and maximum UDA scenarios. Actual revenues and costs for years 0-9 inflated to 2016 dollars are added to estimates of remaining revenues and costs for each scenario to calculate total amounts for years 0-30.

Revenue estimates were developed using the following approach:
w Wetland mitigation fee and development fee revenue is based on the approaches explained in Chapters 5 and 6, respectively. w Rural infrastructure fees are based on the amounts estimated in the 2006 Plan adjusted for inflation to 2016 dollars.
w Temporary impact fees are estimated to continue at 50 percent of the average annual amount for the prior four years reflecting a loss of revenue from P.G.&E. utility projects because the utility now has its own approved habitat conservation plan.
w Administrative charges are for Conservancy costs associated with processing mitigation fees paid by participating special entities, and are estimated to continue at 100 percent of the average annual amount for the prior four years.
w Payments for non-covered activities are zeroed out because this revenue cannot be used for impacts under the Plan but must be used for additional conservation measures.
w Other development exactions are primarily from participating special entities and are for conservation beyond the mitigation requirements of the Plan (“contribution to recovery”). These revenues are estimated to continue at 100 percent of the average annual amount for the prior four years.
w State/federal funds are estimated to continue at 40 percent of the average annual amount for the prior four years reflecting the large amount of contributions to date and therefore less need in the future, as well as declining funding for Section 6 grants.

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w Local capital funds, primarily from foundation grants and the EBRPD, are estimated to continue at 60 percent of the average annual amount for the prior four years, also reflecting the large amount of contributions to date and therefore less need in the future, as well as declining funding from EBRPD Measure WW.
w Local operating funds are composed of due diligence and closing costs for land acquisitions funded by the EBRPD, plus windmill turbine site, cell tower, and grazing lease revenues from preserve lands. These funds are estimated to continue at 100 percent of the average annual amount for the prior four years.
w Interest earnings and miscellaneous revenue are estimated to continue at 100 percent of the average annual amount for the prior four years.

The Conservancy anticipates that it soon will approve funding from special tax districts formed by development projects in exchange for providing discounts on development fees. Special district funding will be available in perpetuity.

Should this funding be realized, the next periodic audit in 2022 will integrate it into the funding plan.

Consistent with the original funding plan, revenues from non-mitigation fee sources are held constant under both scenarios. Revenue from other fees and exactions not anticipated in the original funding plan are included with nonmitigation fee revenues because the former is not associated with impacts from covered activities paying mitigation fees or are to cover costs not reflected in the Plan. State and federal funding is calculated as a residual amount after accounting for all other non-mitigation fee revenue.

Table 8.1 supports the findings described above by identifying sources and amounts of funding anticipated to complete the Plan, and that funding is expected within the 30-year permit term.

Tables 8.2 and 8.3 compare the updated funding plan with the 2006 Plan and the 2013 audit for the initial and maximum UDA scenarios, respectively, in 2016 dollars. Key findings and conclusions from these tables include:
w The shares of total revenue for the three major funding sources (development fees, state/federal land acquisitions funds, and local land acquisition funds) that constitute about 80 percent of total funding have generally remained constant across all three funding plans. w Mitigation fee revenues generally have increased in line with overall cost increases. Development fees in the initial UDA funding plan increased less than overall costs compared to the 2013 audit because of a lower fair share percentage.

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Table 8.1: Funding Plan (2016 dollars)
Initial UDA Maximum UDA
2007-2016 2017-2037 Total 2017-2037 Total
(Year 0-9) (Year 10-30) (Year 1-30) (Year 10-30) (Year 1-30) Actual Estimate Estimate Estimate Estimate

PLAN FUNDING
Mitigation Fees
Development Fee $6,190,000 $145,160,000 $151,350,000 $219,720,000 $225,910,000 Wetland Mitigation Fee 830,000 35,720,000 36,550,000 41,370,000 42,200,000 Rural Infrastructure Fees1 1,690,000 7,980,000 9,670,000 7,980,000 9,670,000 Temporary Impact Fee2 2,060,000 2,620,000 4,680,000 2,620,000 4,680,000 Subtotal $10,770,000 $191,480,000 $202,250,000 $271,690,000 $282,460,000 Other Fees & Exactions
Administrative Charges2 $390,000 $800,000 $1,190,000 $800,000 $1,190,000 Non-Covered Activities3 3,540,000 (3,540,000) - (3,540,000) - Other Development Exactions2 1,450,000 2,050,000 3,500,000 2,050,000 3,500,000 Subtotal $5,380,000 $(690,000) $4,690,000 $(690,000) $4,690,000 Local, State & Federal Funds
State/Federal Funds2 $67,200,000 58,800,000 126,000,000 58,800,000 126,000,000 Local Capital Funds2 26,420,000 19,750,000 46,170,000 19,750,000 46,170,000 Local Operating Funds 4,560,000 13,380,000 17,940,000 13,380,000 17,940,000 Subtotal $98,180,000 $91,930,000 $190,110,000 $91,930,000 $190,110,000 Other Funds
Interest Earnings2 $250,000 $230,000 $480,000 $230,000 $480,000 Miscellaneous2 20,000 - 20,000 - 20,000
Subtotal $270,000 $230,000 $500,000 $230,000 $500,000
Total Revenue $114,600,000 $282,950,000 $397,550,000 $363,160,000 $477,760,000

PLAN COSTS
Plan Implementation (Permit Term) $105,500,000 $242,800,000 $348,300,000 $312,100,000 $417,600,000 Endowment Fund Contribution 48,130,000 59,040,000
Total Costs $396,430,000 $476,640,000
Surplus / (Deficit) $1,120,000 $1,120,000
1 Total Year 0-30 revenue estimated based on adjusting 2006 Plan estimate of $8,930,000 by the inflation index for 2006. 2 Future year estimates based on annual average actual revenue for prior four years, except: (1) future temporary impact fee revenue estimated at 50 percent of prior revenue reflecting reduced PG&E need for Plan coverage, (2) future state/federal land acquisition funds are estimated at 40 percent of prior revenue to reflect funding commitment, and (3) future local land acquisition funds estimated at 55 percent of prior revenue to reflect loss of non-recurring revenue. 3 Prior year revenue deducted from future years because funding must augment and not substitute for Plan obligations (see Chapter 9 of the Plan).

Sources: Tables 5.3 and 6.1, Appendices C and D (Summary), Appendix F, Table F.2.

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Table 8.2: Funding Plan Comparison – Initial Urban Development Area (2016 dollars) Cost Category
2006
Plan
2013
Fee Audit
2017
Fee Audit
2017 Audit vs.
2006 Plan
2017 Audit vs.
2013 Audit
Mitigation Fees
Development Fee $133,760,000 40% $154,110,000 40% $151,350,000 38% $17,590,000 13% $(2,760,000) (2%) Wetland Mitigation Fee 25,170,000 7% 42,140,000 11% 36,550,000 9% 11,380,000 45% (5,590,000) (13%) Rural Infrastructure Fees 10,110,000 3% 10,040,000 3% 9,670,000 2% (440,000) (4%) (370,000) (4%) Temporary Impact Fee - 0% 1,210,000 0% 4,680,000 1% 4,680,000 NA 3,470,000 287% Subtotal $169,040,000 50% $207,500,000 53% $202,250,000 51% 33,210,000 20% (5,250,000) (3%) Other Fees & Exactions
Administrative Charges $- 0% $1,450,000 0% $1,190,000 0% 1,190,000 NA $(260,000) (18%) Non-Covered Activities - 0% - 0% - 0% - NA - NA
Other Development Exactions - 0% 1,220,000 0% 3,500,000 1% 3,500,000 NA 2,280,000 187% Subtotal $- 0% $2,670,000 1% $4,690,000 1% 4,690,000 NA 2,020,000 76% Local, State & Federal Funds
State/Federal Funds $106,960,000 32% $110,150,000 28% $126,000,000 32% $19,040,000 18% $15,850,000 14% Local Land Capital Funds 39,620,000 12% 44,130,000 11% 46,170,000 12% 6,550,000 17% 2,040,000 5% Local Operating Funds 22,640,000 7% 25,210,000 6% 17,940,000 5% (4,700,000) (21%) (7,270,000) (29%) Subtotal $169,220,000 50% $179,490,000 46% $190,110,000 48% 20,890,000 12% 10,620,000 6% Other Funds
Interest Earnings1 $- 0% $- 0% $480,000 0% 480,000 NA 480,000 NA Miscellaneous1 - 0% - 0% 20,000 0% 20,000 NA 20,000 NA
Subtotal $- 0% $- 0% $500,000 0% $500,000 NA 500,000 NA

Total Funding $338,260,000 100% $389,660,000 100% $397,550,000 100% $59,290,000 18% $7,890,000 2% Total Costs 336,260,000 386,820,000 396,430,000 60,170,000 18% 9,610,000 2% Surplus / (Deficit) $2,000,000 $2,840,000 $1,120,000 $(880,000) $(1,720,000)

Note: 2006 Plan and 2013 Audit revenues are inflated to 2016 dollars using the inflation index in Appendix F.

Sources: 2006 Plan, Table 9-8 and Appendix H; 2013 Fee Audit, Table 7.1, p. 43; Table 8.1.

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Table 8.3: Funding Plan Comparison – Maximum Urban Development Area (2016 dollars) Cost Category
2006
Plan
2013
Fee Audit
2017
Fee Audit
2017 Audit vs.
2006 Plan
2017 Audit vs.
2013 Audit
Mitigation Fees
Development Fee $192,100,000 48% $206,470,000 46% $225,910,000 47% $33,810,000 18% $19,440,000 9% Wetland Mitigation Fee 27,180,000 7% 48,100,000 11% 42,200,000 9% 15,020,000 55% (5,900,000) (12%) Rural Infrastructure Fees 10,110,000 3% 10,040,000 2% 9,670,000 2% (440,000) (4%) (370,000) (4%) Temporary Impact Fee - 0% 1,210,000 0% 4,680,000 1% 4,680,000 NA 3,470,000 287% Subtotal $229,390,000 58% $265,820,000 59% $282,460,000 59% 53,070,000 23% 16,640,000 6% Other Fees & Exactions
Administrative Charges $- 0% $1,450,000 0% $1,190,000 0% 1,190,000 NA $(260,000) (18%) Non-Covered Activities - 0% - 0% - 0% - NA - NA
Other Development Exactions - 0% 1,220,000 0% 3,500,000 1% 3,500,000 NA 2,280,000 187% Subtotal $- 0% $2,670,000 1% $4,690,000 1% 4,690,000 NA 2,020,000 76% Local, State & Federal Funds
State/Federal Funds $106,960,000 27% $110,150,000 25% $126,000,000 26% $19,040,000 18% $15,850,000 14% Local Capital Funds 39,620,000 10% 44,130,000 10% 46,170,000 10% 6,550,000 17% 2,040,000 5% Local Operating Funds 22,640,000 6% 25,210,000 6% 17,940,000 4% (4,700,000) (21%) (7,270,000) (29%) Subtotal $169,220,000 42% $179,490,000 40% $190,110,000 40% 20,890,000 12% 10,620,000 6% Other Funds
Interest Earnings1 $- 0% - 0% $480,000 0% 480,000 NA 480,000 NA Miscellaneous1 - 0% - 0% 20,000 0% 20,000 NA 20,000 NA
Subtotal $- 0% $- 0% $500,000 0% $500,000 NA 500,000 NA

Total Funding $398,610,000 100% $447,980,000 100% $477,760,000 100% $79,150,000 20% $29,780,000 7% Total Costs 396,200,000 445,140,000 476,640,000 80,440,000 20% 31,500,000 7% Surplus / (Deficit) $2,410,000 $2,840,000 $1,120,000 $(1,290,000) $(1,720,000)

Note: 2006 Plan and 2013 Audit revenues are inflated to 2016 dollars using the inflation index in Appendix F.

Sources: 2006 Plan, Table 9-8 and Appendix H; 2013 Fee Audit, Table 7.1, p. 43; Table 8.1.

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APPENDIX A: DEVELOPMENT IMPACTS THROUGH 2016
The following tables provide detail for impacts from covered activities (impacts from development projects and other covered activities) for years 1- 9 (2008 through 2016) of the Plan:

Table A.1 provides detail for permanent land conversion.

Table A.2 provides detail for wetland impacts.

Table A.3 provides detail for temporary land conversion and wetland impacts.

Table A.1: Covered Activities Through December 31, 2016 (Year 9) – Permanent Land Conversion (acres)
Year Project
Urban Development Area Rural
Infrastructure1 Zone 1 Zone 2 Zone 3
2009 CCC LP07-2033: Verizon Wireless Martin Cell Tower
Project

1.39 2009 CCC LP09-2002: US Coast Guard/SBA Cell Tower
Project

1.158
2009 PSE: State Route 4 Bypass, Segment 4, Phase 2 24.69 23.81 2010 PSE: CalTrans SR4 Median Buffer & Shoulder
Widening Project

7.34 2010 CCC PWD: Vasco Road Safety Improvements 6.201 2010 CCC LP09-2033: Horizon Cell Tower Project 1.19
2010 PSE: eBart Phase 1 Project 0.3
2011 CCC LP10-2070: Morgan Territory Rd
Telecommunications Facility Project

0.901
2011 CCC LP09-2037: Camino Diablo Vasco
Telecommunications Facility Project

2.35 2011 CCC LP10-2082: J4 Byron Hot Springs
Communications Facility

0.8 2011 CCC PWD: Balfour Rd Culvert Repair Project 0.01 2011 CCC PWD: Byron Hwy Shoulder Widening ProjectPhase 1 0.44 2011 CCC PWD: Vasco Camino Diablo Intersection 1.94
2011 PSE: ConocoPhillips Line 200 Repair & Anode 0.003
2011 PSE: Oakley Generating Station (Original-3rd
Amendment) ProjectNote 2

16.72 2011 City of Oakley: Stonewood III-Unit #1 Sub #9183 2.21 2011 City of Pittsburg: Trash Capture Demonstration Project 0.02 2011 City of Brentwood: New Meetinghouse Brentwood 3.4
2012 CCC PWD: Deer Valley Road Safety Improvement
Project

0.53 D.1.a
Packet Pg. 449 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-2
Year Project
Urban Development Area Rural
Infrastructure1 Zone 1 Zone 2 Zone 3
2012 CCC PWD: Marsh Creek Should Widening near Round
Valley Regional Preserve Project

2.79 2012 CCC BIG12-0004598: EBRIX Los Vaqueros
Communication Facility

0.026
2012 CCC LP10-2009: Clayton Regency Mobile Home Park
Emergency H2O Pipeline Extension

0.5 2012 EBRPD Round Valley Pedestrian Bridge Project 0.15 2012 City of Oakley: iPark Oakley Project 9.14
2012 PSE: eBart Phase II Extension 37.91
2012 PSE: eBart Phase II Extension-1st & 2nd Amend 2.56 2012 Upper Sand Creek Detention Basin Expansion 6.89
2013 City of Brentwood: AutoZone Store 4136 0.9
2013 City of Oakley: Emerson Ranch 138.25
2013 CCC: Clayton Regency Mobile Home Park Stormdrain
Outfall

0.2 2013 PSE: SR160/SR4 Bypass Phase II Connectors 18.01 2013 Phillips 66 Pipeline Repair, 196,920.27.22
2013 PSE: Chevron Pipeline KLM Site 1357 Repair 0.007
2014 City of Brentwood: Ferro/Ronconi 42.23
2014 CCC PWD: Pacifica Ave Sidewalk 0.204
2014 CCC PWD: Marsh Creek Bridge Scour Repair 0.003
2014 CCC PWD: Marsh Creek 142 Wingwall Repair 0.009
2014 CCC PWD: Deer Valley Road Shoulder Widening 1.77
2014 CCC PWD: Marsh Creek Detention Center Bridge
Replacement

0.18 2014 CCC PWD: Marsh Creek Road Safety Improvements 1.3 2014 CCC LP13-2097: Verizon Wireless Bethel Island 0.036 2014 CCC LP13-2111: AT&T Co-location Marsh Creek
Monopine

0.000226
2014 CCC LP13-2069: Marsh Creek Cell Tower 0.019
2015 City of Brentwood: Bella Fiore 13.5
2015 City of Brentwood: Celebration Preschool 0.87
2015 City of Brentwood: Mangini 9.77
2015 CCC LP14-2044: Mariner's Discovery Church 3.49
2015 City of Oakley PW: Marsh Creek Pedestrian Bridge 0.02 2015 City of Brentwood: Mission Grove 15.6
2015 City of Brentwood: Palmilla Phase I 20.64
2015 Duane Martin Jr. Vasco Caves 0.1
2015 City of Pittsburg: Greystone Place 4.9
2015 Hess Water Trough Installation 0.01
2015 Horse Valley Wetland Creation Test Pits
2015 City of Brentwood PW: John Muir Parkway-Phase II 0.33 2.36 2015 PSE: PG&E Pole Replacement
D.1.a
Packet Pg. 450 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-3
Year Project
Urban Development Area Rural
Infrastructure1 Zone 1 Zone 2 Zone 3
2015 PSE: Phillips 66 Line 200 Vasco Rd Remediation
2015 Vaquero Farms S. Wetland Creation & Repair 0.01
2015 CCC PWD: Vasco Road Embankment Repair 0.02
2015 CCC PWD: Marsh Creek Safety Improvement Project
(Fed. No. HRRL-5928 (095))

0.76 2016 City of Brentwood: Maffeo 9.1
2016 City of Brentwood: Palmilla Phase II 38.7
2016 City of Brentwood: Sparrow at Marsh Creek 6.71
2016 City of Brentwood: Cornerstone Church 4.51
2016 City of Brentwood: Elite (Pacific Union) Self Storage 4 2016 City of Oakley: Verizon Wireless Empire Oakley Road 0.33 2016 City of Pittsburg: Sonic Drive-In Project 1.22
2016 City of Brentwood: Tractor Supply Project 2.8
2016 City of Pittsburg: Delta Gateway Pad No. 12 1.8
2016 CCC PWD: Port Chicago Hwy-Willow Pass Sidewalk
Improvements

0.156 0.143
2016 CCC PWD: Canal Road Sidewalk and Bike Lanes
Project

0.4709
2016 CCC LP15-2029: Timber Rd Communication Facility 0.05 2016 CCC TP12-0026: Moita Road Improvement Project 0.36 0.9 2016 PSE: SR4/Balfour & First AmendmentNote 2 29.58

Total 411.9869 34.19 12.463 73.057226
Note: "PSE" is participating special entity. "CCC" is Contra Costa County. "CTR" is contribution to recovery.Certain impacts reported in the 2013 Audit have been corrected in this table.Impact to other land cover types not tracked for Stay-Ahead provision (see Table 14 in the Conservancy's Annual Report) are not included here because they are impacts from noncovered activities and are not counted against permit limits. 1 Covered activities occurring outside the UDA could occur in either zones 1 or 2. Includes rural road projects as shown in Table 9- 6 of the 2006 Plan, plus rural infrastructure projects and activities, and activities within the preserve system (see Sections 2.3.2 through 2.3.4 of the 2006 Plan).
2 There were various amendments to this project over multiple years and only the final total impacts are shown here.

Sources: ECCC Habitat Conservancy.

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Packet Pg. 451 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-4
Table A.2: Covered Activities Through December 31, 2016 (Year 9) – Aquatic Land Cover Types Year Project
Wetlands Streams
Total
Riparian/
Woodland
Permanent
Wetland
Seasonal
Wetland
Alkali
Wetland PondReservoir Slough ≤ 25 ft > 25 ft
Units (acres) (linear feet)
2008 CCC PWD: Marsh Creek Emergency Bridge Repair
Project

0.3096
2009 PSE: State Route 4 Bypass, Segment 4, Phase 2 0.19 0.19 2009 City of Pittsburg: RileMart- 2515 Ant-Pitt Hwy Use 1 2010 PSE: CalTrans SR4 Median Buffer & Shoulder
Widening Project

0.41 0.05 0.29 0.07 6
2010 CCC PWD: Vasco Road Safety Improvements 0.007 0.006 0.001 110 22 2011 CCC PWD: Balfour Rd Culvert Repair Project 12
2011 CCC PWD: Byron Hwy Shoulder Widening ProjectPhase 1 47 2011 City of Pittsburg: Trash Capture Demonstration Project 0.02 0.02 2012 CCC PWD: Deer Valley Road Safety Improvement
Project

0.13 0.13
2012 CCC PWD: Marsh Creek Should Widening near
Round Valley Regional Preserve Project

0.064 0.064 29
2012 Upper Sand Creek Detention Basin Expansion 0.17 0.11 0.04 0.02 295 2013 CCC: Clayton Regency Mobile Home Park Stormdrain
Outfall

0.1 0.1
2013 PSE: Chevron Pipeline KLM Site 1357 Repair 0.007 0.007 2014 CCC PWD: Pacifica Ave Sidewalk 0.044 0.044 36
2014 PSE: Chevron Pipeline KLM 32- 1st Ammend
2014 CCC PWD: Marsh Creek Bridge Scour Repair 0.003 0.003 23 2014 CCC PWD: Marsh Creek 142 Wingwall Repair 0.009 0.009 2014 CCC PWD: Deer Valley Road Shoulder Widening 0.1 0.1 2014 CCC PWD: Marsh Creek Detention Center Bridge
Replacement

0.132 0.132 60
2014 CCC PWD: Marsh Creek Road Safety Improvements 148
2015 City of Oakley PW: Marsh Creek Pedestrian Bridge 15 2015 City of Brentwood: Palmilla Phase I 25
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Packet Pg. 452 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-5
Year Project
Wetlands Streams
Total
Riparian/
Woodland
Permanent
Wetland
Seasonal
Wetland
Alkali
Wetland PondReservoir Slough ≤ 25 ft > 25 ft
2015 CCC PWD: Marsh Creek Safety Improvement Project
(Fed. No. HRRL-5928 (095))

0.02 0.02 29
2016 CCC PWD: Canal Road Sidewalk and Bike Lanes
Project

0.0039 0.0034 0.0005 21
2016 CCC TP12-0026: Moita Road Improvement Project 45
2016 PSE: SR4/Balfour & First AmendmentNote 1 0.42 0.42

Total 1.8299 1.0814 0.066 0.3755 0.137 0.10 - 0.070 677.00 246.3096 Note: "PSE" is participating special entity. "CCC" is Contra Costa County. "CTR" is contribution to recovery.

Certain impacts reported in the 2013 Audit have been corrected in this table.

Aquatic impacts (wetlands and streams) are included in land conversion impacts and are shown separately because of the additional wetland fee that applies. 1 There were various amendments to this project over multiple years and only the final total impacts are shown here.

Sources: ECCC Habitat Conservancy.

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Packet Pg. 453 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-6
Table A.3: Covered Activities Through December 31, 2016 (Year 9) – Temporary Impacts
Year Project Land
Conversion
Streams
Wetlands≤ 25 ft > 25 ft
Units (acres) (acres) (linear feet)
2008 PSE: Ameresco Keller Canyon Landfill Gas Power Plant Project

0.6 2008 CCC PWD: Marsh Creek Emergency Bridge Repair
Project

0.038 0.038 38.7
2008 City of Pittsburg: Mt. Diablo Recycling Center Project 5 2009 CCC LP07-2033: Verizon Wireless Martin Cell Tower
Project

0.65 2009 PSE: PG&E Contra-Costa-Las Positas Reconductoring Project

22.36 2009 City of Pittsburg: RileMart- 2515 Ant-Pitt Hwy Use 1 12.5 2010 PSE: CalTrans SR4 Median Buffer & Shoulder Widening Project

15.28 0.4
2010 CCC PWD: Vasco Road Safety Improvements 5.4418 0.1228 230.5 118 2010 CCC LP09-2033: Horizon Cell Tower Project 0.74
2010 PSE: ConocoPhillips Line 200 Repair & 1st Ammend 0.46 2010 PSE: Shell Oil Coalinga-Avon Pipeline Repair 0.27
2010 PSE: eBart Phase 1 Project 3.5
2010 City of Pittsburg: JBM Construction Use of 2515 Ant-Pitts Hwy (Use 2)

12.5 2010 City of Pittsburg: USS Psoco Site L-A Material 7.81 2011 CCC LP10-2070: Morgan Territory Rd
Telecommunications Facility Project

0.031
2011 CCC LP09-2037: Camino Diablo Vasco
Telecommunications Facility Project

0.86 2011 CCC LP10-2082: J4 Byron Hot Springs Communications Facility

0.25 2011 CCC PWD: Balfour Rd Culvert Repair Project 0.094 15 28 2011 CCC PWD: Byron Hwy Shoulder Widening ProjectPhase 10.74 112 2011 CCC PWD: Vasco Camino Diablo Intersection 4.85
2011 PSE: ConocoPhillips Line 200 Repair & Anode 1.37
2011 PSE: ConocoPhillips Line 200 Repair-2nd Amend 0.05 2011 PSE: Shell Oil Coalinga-Avon Pipeline Repair- 1st
Amend

0.05 2011 PSE: Oakley Generating Station (Original-3rd
Amendment) ProjectNote 3

42.02 2011 City of Pittsburg: Trash Capture Demonstration Project 0.06 2011 City of Brentwood: New Meetinghouse Brentwood
2011 City of Pittsburg: Bay Cities Paving & Grading for CA Ave Temp Storage Site

1.96 2012 CCC PWD: Deer Valley Road Safety Improvement
Project

1.63 0.23
D.1.a
Packet Pg. 454 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-7
Year Project Land
Conversion
Streams
Wetlands≤ 25 ft > 25 ft
Units (acres) (acres) (linear feet)
2012 CCC PWD: Marsh Creek Should Widening near Round
Valley Regional Preserve Project

1.418 0.028 24
2012 CCC BIG12-0004598: EBRIX Los Vaqueros
Communication Facility

1.0621
2012 CCC LP10-2009: Clayton Regency Mobile Home Park
Emergency H2O Pipeline Extension

2.3 2012 EBRPD Round Valley Pedestrian Bridge Project 0.83 2012 PSE: CalTrans SR4 Median Buffer & Shoulder Widening Project- 2nd Amendment

1.05 0.6
2012 PSE: Phillips 66 Vasco Road Line 200 Pipeline
Emergency Release

24.22 2012 PSE: Shell Oil Coalinga-Avon Pipeline Repair-2nd Amend

0.05 2012 Emergency Marsh Creek Detention Center Bridge Repair 0.074 29 2012 PSE: eBart Phase II Extension 2.22
2012 PSE: eBart Phase II Extension-1st & 2nd Amend
2012 Upper Sand Creek Detention Basin Expansion 57.63 3.38 3639 2012 CCC PWD: Upper Sand Creek Detention Basin
Excavation Project

5.3 2012 City of Oakley PW: Marsh Creek Restoration at
Creekside Park
3 2013 CCC: Clayton Regency Mobile Home Park Stormdrain Outfall

0.08 0.04
2013 City of Pittsburg: PGE PSEP California Avenue Valve Automation

1.55 2013 PSE: SR160/SR4 Bypass Phase II Connectors 2.73 2013 Phillips 66 Pipeline Repair, 196,920.27.22 0.13
2013 PSE: Chevron Pipeline KLM Site 1357 Repair 0.837 0.599 2013 PSE: Phillips 66 Pipeline Repair Line 200 0.25
2013 PSE: Phillips 66 Pipeline Repair Line 200, First Ammend 0.8 2013 PSE: Phillips 66 Pipeline Requirement Survey 0.002 2013 PSE: PG&E Pittsburg-Tesla 230 kV Reconductoring &
1st Amend

10.74 2013 CCC PWD: Marsh Creek Rd Emergency Cluvert RepairMorgan Territory Rd0.03 2014 City of Brentwood PW: Non-potable Water Dist. System Phase II

0.8 2014 CCC PWD: Three Stormwater Basins 0.201 0.201
2014 City of Brentwood: Ferro/Ronconi
2014 City of Pittsburg: Colombia Solar 96.69
2014 City of Pittsburg: Mt. Diablo Recycling Center 5 ac Lease Site- 5 yr Ext.
5 2014 City of Oakley: East Cypress Corridor Specfic
Plan/Stockpile Permit

25.74 D.1.a
Packet Pg. 455 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-8
Year Project Land
Conversion
Streams
Wetlands≤ 25 ft > 25 ft
Units (acres) (acres) (linear feet)
2014 CCC PWD: Pacifica Ave Sidewalk 0.143 0.013 33
2014 CCC PWD: Marsh Creek Reservoir- Trash Rack
Replacement

0.17 0.02
2014 PSE: PG&E CC-Moraga 230(kV) Reconductoring & 1st
Amend

17.51 2014 PSE: Chevron Pipeline KLM 32 0.032 0.005
2014 PSE: Chevron Pipeline KLM 32- 1st Ammend 0.005 0.005 2014 CCC PWD: Marsh Creek Bridge Scour Repair 0.075 0.038 30.5 2014 CCC PWD: Marsh Creek 142 Wingwall Repair 0.14 0.14 33 72 2014 CCC PWD: Deer Valley Road Shoulder Widening 3.89 0.04 2014 CCC PWD: Marsh Creek Detention Center Bridge
Replacement

0.318 0.016 60
2014 CCC PWD: Marsh Creek Road Safety Improvements 0.43 21 2014 CCC LP13-2097: Verizon Wireless Bethel Island 0.943 2014 CCC LP13-2111: AT&T Co-location Marsh Creek
Monopine

0.722315
2014 CCC LP13-2069: Marsh Creek Cell Tower 1.235
2014 PSE: Shell Pipeline North 20 ILI Repair and 1st Ammend 0.116 2015 City of Oakley PW: Marsh Creek Pedestrian Bridge 0.03 8 2015 City of Brentwood: Mission Grove
2015 City of Brentwood: Palmilla Phase I 0.08 20
2015 Duane Martin Jr. Vasco Caves 1.02
2015 City of Pittsburg: Greystone Place
2015 Hess Water Trough Installation 0.19 0.05
2015 Horse Valley Wetland Creation Test Pits 0.74
2015 City of Brentwood PW: John Muir Parkway-Phase II 2.94 2015 PSE: PG&E Pole Replacement 0.003
2015 PSE: Phillips 66 Line 200 Vasco Rd Remediation 1.9 2015 Vaquero Farms S. Wetland Creation & Repair 1.63
2015 CCC PWD: Vasco Road Embankment Repair 0.54
2015 CCC PWD: Marsh Creek Safety Improvement Project
(Fed. No. HRRL-5928 (095))

0.8 2016 City of Oakley: Verizon Wireless Empire Oakley Road 1.48 2016 CCC PWD: Port Chicago Hwy-Willow Pass Sidewalk
Improvements

0.284
2016 CCC PWD: Canal Road Sidewalk and Bike Lanes
Project

1.025 0.006 6
2016 CCC LP15-2029: Timber Rd Communication Facility 1.21 2016 CCC TP12-0026: Moita Road Improvement Project 2.32 2016 PSE: PG&E T1047A Hydrotest 1.47
2016 CCC PWD: Clifton Court Road Bridge Repair Project 0.064 0.014

Total 429.304215 5.9858 4,005.50 512.20
D.1.a
Packet Pg. 456 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report A-9
Year Project Land
Conversion
Streams
Wetlands≤ 25 ft > 25 ft
Units (acres) (acres) (linear feet)
Note: "PSE" is participating special entity. "CCC" is Contra Costa County. "CTR" is contribution to recovery.

Certain impacts reported in the 2013 Audit have been corrected in this table.

Wetland and stream impacts are included in land conversion impacts and are shown separately because of the additional wetland fee that applies.

Sources: ECCC Habitat Conservancy.

D.1.a
Packet Pg. 457 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report B-1
APPENDIX B: LAND ACQUISITION COST ANALYSIS
The following tables provide detail for the land acquisition cost analysis update.

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Packet Pg. 458 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.1
REMAINING LAND ACQUISITION BY COST CATEGORY, Acres and Estimated Total Cost

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Acquisition Cost
Category Parcel Size Acres % of Total Estimated Cost % of Total Acres % of Total Estimated Cost % of Total

OUTSIDE THE URBAN LIMIT LINE
1 120 + acres 10,022 70% $64,511,878 54% 14,410 71% $92,598,003 55% 2 40 - 120 acres 1,814 13% 20,311,794 17% 3,252 16% 36,426,298 22% 3 10 - 40 acres 521 4% 12,111,660 10% 627 3% 14,451,580 9% 4 5 - 10 acres 15 0% 587,480 0% 33 0% 1,243,892 1%
5 < 5 acres - 0% - 0% 4 0% 240,350 0%
6 ALL, steep slopes 480 3% 2,160,000 2% 489 2% 2,202,300 1% INSIDE THE URBAN LIMIT LINE 1,422 10% 19,669,487 16% 1,465 7% 20,498,210 12% TOTAL 14,273 100% $119,352,299 100% 20,281 100% $167,660,633 100% Source: East Contra Costa County Habitat Conservancy and Hausrath Economics Group Initial Urban Development Area Maximum Urban Development Area Note: includes acres that may be acquired outside the Inventory Area and outside Acquistion Analysis zones that do not count towards preserve targets but are part of larger preserve parcels.

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Packet Pg. 459 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.2

LAND ACQUISITION COST FACTOR

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update

OUTSIDE THE URBAN LIMIT LINE
Acquisition Cost
Category Parcel Size
Slope
Characteristics
(percent of
parcel)
2003
Valuation
2005
Valuation
2006
Valuation
2012
Valuation
2017
Valuation
Change
from 2012
1 120 + acres < 26% $3,500 $4,800 $5,600 $5,300 $6,400 21% 2 40 - 120 acres < 26% $6,000 $8,200 $9,600 $7,500 $11,200 49% 3 10 - 40 acres < 26% $20,000 $27,400 $31,900 $18,600 $22,000 18% 4 5 - 10 acres < 26% $35,000 $48,000 $56,000 $49,000 $38,000 -22% 5 < 5 acres < 26% $50,000 $68,600 $80,000 $70,000 $55,000 -21% 6 ALL > 26% $3,000 $3,300 $3,800 $4,200 $4,500 7%

INSIDE THE URBAN LIMIT LINE
Acquisition Cost
Category
Currently
Designated for
Development
(Yes/No)
Slope
Characteristics
(percent of
parcel)
2003
Valuation
2005
Valuation
2006
Valuation
2012
Valuation
2017
Valuation
Change
from 2012
7 No <15% $14,500 $18,300 $21,300 $11,000 $19,000 73%
8 No 15-26% $10,100 $12,700 $14,800 $6,600 $11,400 73%
9 No >26% $3,600 $4,500 $5,200 $2,800 $4,800 71%
10 Yes <15% $45,000 $56,800 $66,200 $35,000 $60,000 71% 11 Yes 15-26% $31,500 $39,760 $46,400 $21,000 $36,000 71% 12 Yes >26% $11,300 $14,263 $16,600 $8,800 $15,000 70%

INSIDE THE URBAN LIMIT LINE - BYRON AIRPORT
13 na na $8,000 $8,800 $10,300 $6,200 $10,700 4%
Source: East Contra Costa County Habitat Conservancy and Hausrath Economics Group Per Acre Land Value Factor
Per Acre Land Value Factor
Note: The 2017 land cost factor for the Byron Airport Area is based on the $8,000 per acre value estimated in 2003, adjusted by the 2017 percentage change from values originally estimated in 2003 for Cost Category 10--about 33 percent.

D.1.a
Packet Pg. 460 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.3
LAND ACQUISITION ANALYSIS - Price per acre for parcels > 120 acres (nominal dollars)

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Transaction ID Project/Property Name Year of Sale Acres Purchase
Price/Market
Value
Price/Value
per acre
EBRPD/ECCC Habitat Conservancy Land Acquisitions
1 Souza 1 (appraisal) 2004 (2009) 575.1 $2,759,085 $4,798 2 Lentzner (appraisal) 2005 (2009) 320.0 $1,340,000 $4,188 3 Chaparral Springs 2008 183.0 $1,322,650 $7,228
4 Schwartz 2009 153.1 $803,880 $5,250
5 Souza 2 2009 190.6 $1,692,000 $8,879
6 Fox Ridge 2009 221.6 $1,760,000 $7,941
7 Vaquero Farms South 2009 708.2 $2,454,400 $3,466
8 Vaquero Farms North 2010 577.0 $2,770,000 $4,801
9 Martin 2010 232.4 $2,025,855 $8,717
10 Grandma's Quarter 2010 157.0 $1,036,200 $6,600
11 Ang 2010 460.6 $2,763,840 $6,000
12 Souza 3 2010 697.4 $2,222,765 $2,905
13 Irish Canyon - Chopra 2010 320.0 $1,760,000 $5,500
14 Barron 2010 798.0 $2,952,600 $3,700
15 Land Waste Management 2010 469.4 $3,050,000 $6,498
16 Austin 1 (Thomas Southern) 2010 852.3 $3,240,000 $3,801 17 Austin 2 (Thomas Central) 2010 160.0 $624,000 $3,900 19 Vaquero Farms Central 2012 319.9 $1,855,700 $5,800
23 Thomas North 2012 135.0 $863,900 $6,400
26 Smith 2014 960.0 $5,376,000 $5,600
27 Roddy Ranch (part) 2014 994.5 $13,500,000 $13,575
28 Viera/Perley 2015 260.0 $1,950,000 $7,500
30 Nunn 2016 646.0 $6,072,000 $9,400
32 Coelho 2016 199.4 $1,495,750 $7,500
Weighted Average $6,203
Save Mount Diablo
SMD 4 Mangini Ranch 2007 208.0 $1,454,530 $6,993
SMD 23 Curry Canyon Ranch 2013 1,080.5 $7,173,800 $6,639 Weighted Average $6,696
Contra Costa Water District
CCWD 5 Leonardini 2010 138.0 $899,000 $6,514
CCWD 6 Church Property 2011 340.0 $2,618,000 $7,700
CCWD 7 Evergreen 2011 658.0 $5,800,000 $8,815
Weighted Average $8,202
Overall Weighted Average $6,426
Land Cost Factor for 2017 Update: $6,400
Sources: East Contra Costa Habitat Conservancy, Save Mount Diablo, Contra Costa Water District, and Hausrath Economics Group
Note: Adjustments for some of the acquisitions for the East Contra Costa County Habitat Conservancy remove the value of lease income and conservation easements: Souza 1, Vaquero Farms South, Martin, Souza 3, Irish Canyon, and Austin 1.

Souza 1 and Lentzner analyses reflect 2009 appraisals prepared for the Conservancy in support of matching funds applications. The appraisals assumed the properties were available for private ownership and accounted for the conservation easement value on Souza 1.

D.1.a
Packet Pg. 461 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.4
LAND ACQUISITION ANALYSIS - Price per acre for parcels 40 - 120 acres (nominal dollars)

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Transaction ID Project/Property Name Year of Sale Acres Purchase
Price/Market
Value
Price/Value per
acre
EBRPD/ECCC Habitat Conservancy Land Acquisitions
18 Affinito - large parcel (appraisal) 2012 (2010) 101.5 $862,500 $8,500 20 Galvin 2012 61.7 $370,000 $5,999
25 Adrienne Galvin 2013 112.0 $884,400 $7,900
31 Hanson Hills 2016 76.5 $730,000 $9,547
Weighted Average $8,098
Save Mount Diablo
SMD 1 Wright Canyon 2001 76.0 $640,000 $8,421
SMD 20 Highland Springs 2012 105.0 $495,000 $4,714
SMD 22 Marsh Creek 8 2013 51.1 $690,684 $13,506
Weighted Average $7,865
Contra Costa Water District
CCWD 4 Acrew 2010 103.0 $694,000 $6,738
Contra Costa County Assessor's Data - Agricultural land use, unimproved or improvements less than 5 percent of value) Assessor 25 Brentwood 2014 40.3 $680,000 $16,881
Assessor 26 Brentwood 2014 40.4 $680,000 $16,828
Assessor 27 Brentwood 2015 40.4 $1,335,000 $33,012
Assessor 28 Brentwood 2016 50.3 $375,000 $7,463
Assessor 29 Byron 2013 72.9 $1,000,000 $13,710
Assessor 30 Knightsen 2012 73.8 $725,000 $9,827
Assessor 31 Byron 2015 76.4 $1,712,500 $22,417
Assessor 32 Byron 2015 80.0 $1,500,000 $18,750
Assessor 33 Byron 2014 85.0 $550,000 $6,471
Assessor 34 Byron 2013 108.9 $500,000 $4,592
Assessor 35 Brentwood 2016 57.7 $385,000 $6,669
Assessor 36 Byron 2016 68.8 $760,000 $11,053
Assessor 37 Brentwood 2014 49.3 $1,000,000 $20,284
Assessor 38 Byron 2016 40.9 $1,000,000 $24,438
Weighted Average $13,787
Overall Weighted Average $11,178
Land Cost Factor for 2017 Update: $11,200
Sources: East Contra Costa Habitat Conservancy, Save Mount Diablo, Contra Costa Water District, Contra Costa County Assessor, and Hausrath Economics Group
Note: Affinito value reflects the appraised market value of the largest parcel in a five-parcel acquisition that closed in February 2012.

The value is adjusted to reflect only the unimproved land, as presented in the 2010 appraisal.

D.1.a
Packet Pg. 462 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.5
LAND ACQUISITION ANALYSIS - Price per acre for parcels 10 - 40 acres (nominal dollars)

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Transaction ID Project/Property Name Year of Sale Acres Purchase
Price/Market
Value
Price/Value per
acre
EBRPD/ECCC Habitat Conservancy Land Acquisitions
21 Moss Rock 2012 20.5 $410,000 $20,010
22 Fan 2012 21.0 $220,000 $10,476
Weighted Average $15,184
Save Mount Diablo
SMD 3 Young Canyon 2006 17.6 $300,000 $17,026
SMD 7 Marsh Creek 2 2008 17.0 $320,000 $18,824
SMD 12 Oak Hill 2010 10.0 $87,500 $8,750
SMD 13 Oak Hill 2010 10.0 $87,500 $8,750
SMD 14 Oak Hill 2010 10.0 $87,500 $8,750
SMD 15 Oak Hill 2010 10.0 $87,500 $8,750
Weighted Average $12,999
Contra Costa County Assessor's Data - Agricultural land use, unimproved or improvements less than 5 percent of value) Assessor 14 Brentwood 2015 10.0 $280,000 $27,978
Assessor 15 Knightsen 2015 10.1 $295,000 $29,093
Assessor 16 Oakley 2015 10.3 $250,000 $24,307
Assessor 17 Knightsen 2013 10.6 $395,000 $37,194
Assessor 18 Brentwood 2016 14.5 $490,000 $33,910
Assessor 19 Byron 2014 15.0 $300,000 $20,000
Assessor 20 Brentwood 2012 16.9 $478,000 $28,284
Assessor 21 Brentwood 2014 19.6 $650,000 $33,101
Assessor 22 Brentwood 2013 21.5 $450,000 $20,971
Assessor 23 Byron 2016 31.1 $700,000 $22,509
Assessor 24 Clayton 2014 20.3 $625,000 $30,788
Weighted Average $27,310
Overall Weighted Average $22,003
Land Cost Factor for 2017 Update: $22,000
Sources: East Contra Costa Habitat Conservancy, Save Mount Diablo, Contra Costa County Assessor, and Hausrath Economics Group D.1.a
Packet Pg. 463 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.6
LAND ACQUISITION ANALYSIS - Price per acre for parcels 5 - 10 acres (nominal dollars)

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Transaction ID Project/Property Name Year of Sale Acres Purchase
Price/Market
Value
Price/Value
per acre
EBRPD/ECCC Habitat Conservancy Land Acquisitions
18 Affinito - part (appraisal) 2012 (2010) 6.50 $215,000 $33,077 Save Mount Diablo
SMD 6 Marsh Creek 1 2007 8.92 $315,000 $35,314
SMD 10 Dry Creek 2010 5.18 $84,000 $16,216
SMD 16 Marsh Creek 5 2011 7.37 $125,000 $16,972
SMD 18 Marsh Creek 6 2011 5.74 $395,000 $68,815
SMD 19 Marsh Creek 7 2011 7.57 $574,000 $75,826
Weighted Average $42,933
Contra Costa County Assessor's Data - Rural land use, unimproved or improvements less than 5 percent of value Assessor 2 Brentwood 2015 5.00 $225,000 $45,000
Assessor 3 Clayton 2015 5.01 $220,000 $43,912
Assessor 4 Brentwood 2014 5.02 $250,000 $49,801
Assessor 5 Knightsen 2016 5.81 $275,000 $47,332
Assessor 6 Clayton 2015 6.42 $295,000 $45,950
Assessor 7 Brentwood 2014 6.45 $262,500 $40,698
Assessor 8 Knightsen 2015 8.55 $335,000 $39,190
Assessor 9 Knightsen 2013 8.87 $210,000 $23,675
Assessor 10 Knightsen 2016 9.33 $295,000 $31,618
Assessor 11 Brentwood 2013 9.44 $220,000 $23,305
Assessor 12 Knightsen 2016 9.49 $295,000 $31,085
Assessor 13 Brentwood 2016 9.72 $405,000 $41,667
Weighted Average $36,893
Overall Weighted Average $38,314
Land Cost Factor for 2017 Update: $38,000
Sources: East Contra Costa Habitat Conservancy, Save Mount Diablo, Contra Costa County Assessor, and Hausrath Economics Group
Note: Affinito value reflects the appraised market value of the 6.5 acre parcel in a five-parcel acquisition that closed in February 2012. The value of that land as an unimproved parcel was appraised independently in 2010.

D.1.a
Packet Pg. 464 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.7
LAND ACQUISITION ANALYSIS - Price per acre for parcels less than 5 acres (nominal dollars)

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Transaction ID Project/Property Name Year of Sale Acres Purchase
Price/Market
Value
Price/Value
per acre
EBRPD/ECCC Habitat Conservancy Land Acquisitions
18 Affinito - A (appraisal) 2012 (2010) 3.94 $195,000 $49,492 18 Affinito - B (appraisal) 2012 (2010) 2.69 $175,000 $65,056 18 Affinito - C (appraisal) 2012 (2010) 1.89 $165,000 $87,302 24 Alaimo 2013 2.31 $185,000 $80,087
29 Clayton Radio LLC 2015 2.02 $75,000 $37,129
Save Mount Diablo
SMD 8 Marsh Creek 4 2008 2.65 $325,000 $122,642
Contra Costa County Assessor's Data - Rural land use, unimproved Assessor 1 Brentwood 2015 1.57 $120,000 $76,433
Overall Weighted Average $72,642
Land Cost Factor for 2017 Update: $55,000
Sources: East Contra Costa Habitat Conservancy, Save Mount Diablo, Contra Costa County Assessor, and Hausrath Economics Group
Only a small number of parcels less than 5 acres might be acquired as part of the acquisition strategy to fill gaps between larger parcels. Following the rationale presented in "NCCP/HCP Land Cost Data", Technical Memorandum to John Kopchik, prepared by Economic & Planning Systems, August 3, 2006 and included in Appendix G: HCP/NCCP Cost Data, the value assumption is based on a per-acre premium above the average value for the 5 - 10 acre parcels ($38,000 for this 2017 update). In the 2006 analysis, the premium was about 40 percent. This 2017 analysis assumes a roughly similar premium, resulting in the $55,000 per acre land cost factor for parcels less than five acres.

Note: The Affinito A, B, and C values reflects the appraised market values of each of the three small parcels in a five-parcel acquisition tht closed in February 2012. The unimproved parcels were appraised independently in 2010.

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Packet Pg. 465 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) Table B.8
LAND ACQUISITION ANALYSIS - Basis for price per acre calculation for parcels inside the Urban Limit Line

EAST CONTRA COSTA COUNTY HCP/NCCP
2017 Update
Item Value Source
Average Sales Price $590,000 a New Home Sales 2016
Per Single Family Unit Antioch, Brentwood, Oakley, and Pittsburg Units per Gross Acre 4.7 b Average Lot Size of 7,000 sqft and net to gross ratio of 75 percent
Total Development Value $2,753,614 c=a*b Calculated
Raw Entitled Land Value 9.0% d Based on standard 10 percent ratio, as % of Development Value adjusted down slightly based on real estate broker conversations
Raw Entitled Land Value $247,825 e=c*d Calculated
Discount Rate 12% f Average land speculator
discount rate
Category 10 - 12.5 years to $60,106 g=e/(1+f)^12.5 Calculated entitlement/ development
Category 7 - 22.5 years to $19,353 h=e/(1+f)^22.5 Calculated entitlement/ development
Note: This table updates the cost factors in the calculations for this land cost factor as established in the August 3, 2006 Technical Memorandum from Economic & Planning Systems, "NCCP/HCP Land Cost Data". The average sales price for new single family units is updated to reflect current market conditions.

This table calculates the average values for cost categories 7 and 10, Following the methodology established in 2006, the values for categories 8 and 11 are discounted 40 percent from the value for a level site and the values for categories 9 and 12 are discounted 75 percent from the average for the level site.

Sources: "Annual New Home Sale Data for Selected Contra Costa County Cities ," from CoreLogic provided by DataquickNews; Hausrath Economics Group
D.1.a
Packet Pg. 466 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study June 2017 (revised) Final Report C-1
APPENDIX C: INITIAL UDA COST MODEL UPDATE
The following tables provide comprehensive documentation for the cost model update based on estimated impacts for the initial urban development area.

D.1.a
Packet Pg. 467 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 : HCP/NCCP Mitigation Fee Update) East Contra Costa County HCP/NCCP
2017 Update
Implementation Cost Data and Assumptions with
Initial Urban Development Area
D.1.a
Packet Pg. 468 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Summary of East Contra Costa HCP Implementation Costs for Initial Urban Development Area 2017 Update
(2016 dollars rounded to the nearest $10,000)
Total Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total (2016) Program Administration $160,000 $6,800,000 $5,760,000 $4,630,000 $4,640,000 $4,650,000 $26,630,000 Land Acquisition $170,000 $88,930,000 $36,960,000 $30,500,000 $30,500,000 $30,500,000 $217,550,000 Planning and Design $0 $1,930,000 $2,110,000 $1,640,000 $1,060,000 $1,060,000 $7,810,000 Habitat Restoration/Creation $0 $3,910,000 $11,290,000 $9,410,000 $9,410,000 $9,410,000 $43,430,000 Environmental Compliance $0 $770,000 $1,060,000 $990,000 $820,000 $0 $3,640,000 Preserve Management and Maintenance $0 $1,930,000 $5,270,000 $5,470,000 $7,620,000 $8,690,000 $28,990,000 Monitoring, Research, and Adaptive Management $0 $900,000 $2,410,000 $2,770,000 $3,230,000 $3,580,000 $12,890,000 Remedial Measures $0 $0 $330,000 $200,000 $760,000 $1,800,000 $3,080,000 Contingency $0 $0 $1,060,000 $960,000 $1,090,000 $1,170,000 $4,280,000 Total $330,000 $105,170,000 $66,250,000 $56,570,000 $59,130,000 $60,860,000 $348,300,000 Capital Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total (2016) Program Administration INCLUDED IN STAFF AND OVERHEAD COSTS Land Acquisition: acquisition and site improvements $0 $86,370,000 $35,160,000 $29,400,000 $29,400,000 $29,400,000 $209,720,000 Planning and Design $0 $0 $0 $0 $0 $0 $0
Habitat Restoration/Creation $0 $0 $6,990,000 $5,820,000 $5,820,000 $5,820,000 $24,460,000 Preserve Management and Maintenance $0 $0 $0 $0 $0 $0 $0 Monitoring, Research, and Adaptive Management $0 $0 $0 $0 $0 $0 $0 Remedial Measures $0 $0 $330,000 $200,000 $760,000 $1,800,000 $3,080,000 Total $0 $86,370,000 $42,480,000 $35,420,000 $35,980,000 $37,020,000 $237,260,000 Operational Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total (2016) Program Administration $160,000 $6,800,000 $5,760,000 $4,630,000 $4,640,000 $4,650,000 $26,630,000 Land Acquisition: transactional costs $170,000 $2,560,000 $1,800,000 $1,100,000 $1,100,000 $1,100,000 $7,830,000 Planning and Design $0 $1,930,000 $2,110,000 $1,640,000 $1,060,000 $1,060,000 $7,810,000 Habitat Restoration/Creation $0 $3,910,000 $4,300,000 $3,590,000 $3,590,000 $3,590,000 $18,970,000 Environmental Compliance $0 $770,000 $1,060,000 $990,000 $820,000 $0 $3,640,000 Preserve Management and Maintenance $0 $1,930,000 $5,270,000 $5,470,000 $7,620,000 $8,690,000 $28,990,000 Monitoring, Research, and Adaptive Management $0 $900,000 $2,410,000 $2,770,000 $3,230,000 $3,580,000 $12,890,000 Contingency $0 $0 $1,060,000 $960,000 $1,090,000 $1,170,000 $4,280,000 Total $330,000 $18,800,000 $23,770,000 $21,150,000 $23,150,000 $23,840,000 $111,040,000 Implementation Period (Years)
Implementation Period (Years)
Implementation Period (Years)
D.1.a
Packet Pg. 469 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Summary of East Contra Costa HCP Implementation Costs for Initial Urban Development Area 2017 Update
(2016 dollars not rounded)
Total Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total
Program Administration $159,352 $6,795,011 $5,763,667 $4,625,183 $4,636,476 $4,647,769 $26,627,458 Land Acquisition $165,742 $88,927,630 $36,962,450 $30,497,618 $30,497,618 $30,497,618 $217,548,675 Planning and Design $0 $1,931,148 $2,114,064 $1,635,020 $1,064,870 $1,064,870 $7,809,972 Habitat Restoration/Creation $0 $3,909,578 $11,291,201 $9,409,334 $9,409,334 $9,409,334 $43,428,780 Environmental Compliance $0 $770,553 $1,064,764 $992,070 $817,070 $0 $3,644,457 Preserve Management and Maintenance $0 $1,929,601 $5,273,082 $5,469,235 $7,619,235 $8,694,235 $28,985,388 Monitoring, Research, and Adaptive Management $0 $897,309 $2,410,961 $2,769,446 $3,225,504 $3,581,812 $12,885,034 Remedial Measures $0 $0 $329,018 $200,632 $755,469 $1,799,321 $3,084,440 Contingency $0 $0 $1,062,909 $963,855 $1,085,207 $1,168,676 $4,280,646 Total $325,094 $105,160,830 $66,272,115 $56,562,393 $59,110,782 $60,863,635 $348,294,849 Capital Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total
Program Administration INCLUDED IN STAFF AND OVERHEAD COSTS Land Acquisition: acquisition and site improvements $0 $86,372,000 $35,161,110 $29,395,531 $29,395,531 $29,395,531 $209,719,704 Planning and Design $0 $0 $0 $0 $0 $0 $0
Habitat Restoration/Creation $0 $0 $6,988,585 $5,823,821 $5,823,821 $5,823,821 $24,460,049 Preserve Management and Maintenance $0 $0 $0 $0 $0 $0 $0 Monitoring, Research, and Adaptive Management $0 $0 $0 $0 $0 $0 $0 Remedial Measures $0 $0 $329,018 $200,632 $755,469 $1,799,321 $3,084,440 Total $0 $86,372,000 $42,478,713 $35,419,985 $35,974,821 $37,018,674 $237,264,193 Operational Costs
Cost Category 0 1-9 10-15 16-20 21-25 26-30 Total
Program Administration $159,352 $6,795,011 $5,763,667 $4,625,183 $4,636,476 $4,647,769 $26,627,458 Land Acquisition: due diligence, transaction costs $165,742 $2,555,630 $1,801,340 $1,102,086 $1,102,086 $1,102,086 $7,828,970 Planning and Design $0 $1,931,148 $2,114,064 $1,635,020 $1,064,870 $1,064,870 $7,809,972 Habitat Restoration/Creation $0 $3,909,578 $4,302,615 $3,585,513 $3,585,513 $3,585,513 $18,968,731 Environmental Compliance $0 $770,553 $1,064,764 $992,070 $817,070 $0 $3,644,457 Preserve Management and Maintenance $0 $1,929,601 $5,273,082 $5,469,235 $7,619,235 $8,694,235 $28,985,388 Monitoring, Research, and Adaptive Management $0 $897,309 $2,410,961 $2,769,446 $3,225,504 $3,581,812 $12,885,034 Contingency $0 $0 $1,062,909 $963,855 $1,085,207 $1,168,676 $4,280,646 Total $325,094 $18,788,830 $23,793,402 $21,142,408 $23,135,961 $23,844,961 $111,030,655 Implementation Period (Years)
Implementation Period (Years)
Implementation Period (Years)
D.1.a
Packet Pg. 470 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

NOTE: Original unit cost estimates for the 2006 HCP/NCCP were in 2005 dollars, inflated to 2006 dollars for use in the plan document.

Series Id: Data extracted on: March 29, 2017 (8:35:58 PM) Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2016 dollars 2005 201.2 202.5 201.2 203.0 205.9 203.4 202.7 201.5 203.9 0.7610 2006 207.1 208.9 209.1 210.7 211.0 210.4 209.2 207.9 210.6 0.7855 2007 213.688 215.842 216.123 216.240 217.949 218.485 216.048 214.736 217.361 0.8112 2008 219.612 222.074 225.181 225.411 225.824 218.528 222.767 221.730 223.804 0.8364 2009 222.166 223.854 225.692 225.801 226.051 224.239 224.395 223.305 225.484 0.8425 2010 226.145 227.697 228.110 227.954 228.107 227.658 227.469 226.994 227.944 0.8540 2011 229.981 234.121 233.646 234.608 235.331 234.327 233.390 232.082 234.698 0.8763 2012 236.880 238.985 239.806 241.170 242.834 239.533 239.650 238.099 241.201 0.8998 2013 242.677 244.675 245.935 246.072 246.617 245.711 245.023 243.894 246.152 0.9199 2014 248.615 251.495 253.317 253.354 254.503 252.273 251.985 250.507 253.463 0.9461 2015 254.910 257.622 259.117 259.917 261.019 260.289 258.572 256.723 260.421 0.9708 2016 262.600 264.565 266.041 267.853 270.306 269.483 266.344 263.911 268.777 1.0000 2017 271.626
Year Qtr1 Qtr2 Qtr3 Qtr4 2016 dollars
Series Id: 2005 98.0 98.8 99.5 100.0 0.7893
2006 101.0 101.8 103.1 103.9 0.8200
Series Title: 2007 104.9 105.9 106.7 107.3 0.8469
Ownership: 2008 108.3 109.0 109.9 110.3 0.8706
Component: 2009 111.0 111.1 111.4 111.4 0.8792
Occupation: 2010 112.2 112.6 113.3 113.5 0.8958
Industry: 2011 114.6 115.1 115.4 115.7 0.9132
Subcategory: 2012 116.8 117.3 117.7 118.2 0.9329
Area: 2013 118.9 119.5 120.2 120.5 0.9511
Periodicity: 2014 121.0 121.9 122.5 122.9 0.9700
Years: 2015 123.7 124.1 124.5 124.9 0.9858
2016 125.7 126.2 126.7 126.7 1.0000
California Construction Cost Index, Department of General Services Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2016 dollars 2006 4620 4603 4597 4600 4599 4593 4609 4616 4619 4867 4891 4877 4,674 0.74759 2007 4869 4868 4871 4872 4886 4842 4849 4851 4942 4943 4978 4981 4,896 0.78306 2008 4983 4983 4999 5004 5023 5065 5135 5142 5194 5393 5375 5322 5,135 0.82126 2009 5309 5295 5298 5296 5288 5276 5263 5265 5264 5259 5259 5262 5,278 0.84413 2010 5260 5262 5268 5270 5378 5394 5401 5401 5381 5591 5599 5596 5,400 0.86368 2011 5592 5624 5627 5636 5637 5643 5654 5667 5668 5675 5680 5680 5,649 0.90342 2012 5683 5683 5738 5740 5755 5754 5750 5778 5777 5780 5779 5768 5,749 0.91944 2013 5774 5782 5777 5786 5796 5802 5804 5801 5802 5911 5903 5901 5,820 0.93083 1.24% 2014 5898 5896 5953 5956 5957 5961 5959 5959 5959 5969 5981 5977 5,952 0.95197 2.27% 2015 6073 6077 6069 6062 6069 6055 6055 6055 6113 6114 6109 6108 6,080 0.97241 2.15% 2016 6106 6132 6248 6249 6240 6238 6245 6244 6267 6343 6344 6373 6,252 1.00000 2.84% 8.49% 2017 6373 6373 6373
The ENR BCI reports cost trends for specific construction trade labor and materials in the California marketplace.

This page last updated: 4/17/17
Available at: https://www.documents.dgs.ca.gov/resd/PMB/CCCI/Old/cccitable_2017/CCCIMasterListing_4-2017.pdf The California Construction Cost index is developed based upon Building Cost Index (BCI) cost indices for San Francisco and Los Angeles produced by Engineering News Record (ENR) and reported in the second issue each month for the previous month. This table is updated at the end of each month.

All items
1982-84=100
2005 to 2017
Consumer Price Index - All Urban Consumers
Original Data Value
CUURA422SA0
Not Seasonally Adjusted
San Francisco-Oakland-San Jose, CA
All workers
United States (National)
Index number
2005 to 2016
Total compensation for Private industry workers in
Private industry workers f
Total compensation
Professional and related occupations
All workers
Employment Cost Index (NAICS)
Original Data Value
CIU2010000120000I
Not seasonally adjusted
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Packet Pg. 471 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Legend
red numbers are assumptions or data entered directly into the worksheet blue numbers are links from other worksheets in the workbook black numbers are calculations based on the above numbers Cost factors are colored coded by primary source considered:

EBRPD (for HCP)
CCWD (for HCP)
Average of CCWD/EBRPD
ECCC Habitat Conservancy
J&S and EPS (for HCP)
AECOM, 2012
Updated by HEG, 2017
Updated with input from H.T. Harvey, 2017
Other estimated factors
Actual costs start-up and years 1 - 9
Estimate of EBRPD contributions to operational costs, start up and years 1-9 Summary actuals supercede model detail
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Packet Pg. 472 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Acres Acquired, Managed, and Restored within HCP/NCCP Preserves for Initial Urban Development Area 2017 Update
Initial UDA Source
Total acres acquired/managed 24,250 (Table 5-9: mid-point of range) Pond acres acquired 14 (Table 5-5a)
Acres Acquired and Managed by Time Period
0 1-9
10-15 (6 yr
period) 16-20 21-25 26-30 Total
Total reserve acres acquired per period - 10,987 3,789 3,158 3,158 3,158 24,250 Total reserve acres managed, per period 8,083 4,042 4,042 4,042 4,042 24,250 Total reserve acres managed, cumulative - 8,083 12,125 16,167 20,208 24,250 24,250 Pond acres acquired per period 10.86 0.9 0.7 0.7 0.7 14 Pond acres added to management per period 4.67 2.3 2.3 2.3 2.3 14 Pond acres managed cumulative, including restoration - 4.71 13.0 20.4 27.7 35.0 35.0 Assumptions:

Actual acquisition accounted for in years 1-5 and 6-9; the net remaining requirement is allocated evenly over the remaining 21 years of the permit term.

Management and monitoring on acquired land and ponds has not kept pace with actual acquisition; land is assumed to come under management in 6 equal increments over the 30-yea 13,349.6 Total acres acquired through 2016
1,682.3 Easement acres on parcels acquired through 2016 680.0 Other acres (outside acquisition zones) not credited to reserve through 2016 10,987.2 Total acres acquired and credited toward reserve Land Cover Type Restored/Created by Time Period
Land Cover Type (acres except where noted)0 1-9
10-15 (6 yr
period) 16-20 21-25 26-30 Total
oak savanna - - 12.0 10.0 10.0 10.0 42.0
riparian woodland/scrub - 4.04 13.1 10.9 10.9 10.9 50.0 perennial wetland (jurisdictional boundary) - 0.16 9.2 7.6 7.6 7.6 32.2 seasonal wetland (jurisdictional boundary) - 5.79 11.3 9.4 9.4 9.4 45.2 alkali wetland (jurisdictional boundary) - 2.12 5.6 4.7 4.7 4.7 21.8 slough/channel - - 20.6 17.1 17.1 17.1 72.0
open water - - - - - - -
ponds - 0.04 6.0 5.0 5.0 5.0 21.0
streams (miles) - 1.10 1.0 0.8 0.8 0.8 4.6
Total (acres) - 12.82 78.3 65.3 65.3 65.3 287.0
Assumptions:

Actual restoration accounted for in years 1-9; the net remaining requirement is allocated evenly over the next 21 years of the permit term.

For total acre calculation, streams are assumed to be 5 feet wide 30% % of perennial, seasonal or alkali wetland complex acreage assumed to be jurisdictional wetland; for compensatory restoration average
acres/site or
linear feet/site
(streams)
% requiring
substantial soil
disturbance
riparian/woodland scrub sites by acreage conversion: 3 20%

2.0 80%
1,000 90%
Restoration sites that require significant soil disturbance by land-cover type USED IN MONITORING COST ESTIMATE Land Cover Type Restoration Sites0 1-9
10-15 (6 yr
period) 16-20 21-25 26-30 Total
riparian woodland/scrub - 0.3 0.9 0.7 0.7 0.7 3.3
perennial wetland - 0.1 3.7 3.1 3.1 3.1 12.9
seasonal wetland - 2.3 4.5 3.8 3.8 3.8 18.1
alkali wetland - 0.8 2.2 1.9 1.9 1.9 8.7
ponds - - 8.2 6.9 6.9 6.9 28.8
streams (miles/acres converted to sites) - 5.2 4.8 4.0 4.0 4.0 21.9 Total sites for monitoring cost estimate - 8.7 24.3 20.2 20.2 20.2 93.7 Assumptions:

Average acres/site and percent of sites requiring substantial soil disturbance calculated in table above.

Seasonal, perennial, and alkali wetland acreages in Tables 5-16 and 5-17 are for wetland complexes; for cost estimates and revenue projections the wetted acres of these complexes are assumed to be 30% of the total acres.

Implementation Period (Years)
Implementation Period (Years)
Defining sites:
wetlands and pond sites by acreage conversion
stream sites by linear feet conversion:

Implementation Period (Years)
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Packet Pg. 473 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Summary of HCP/NCCP Personnel
2017 Update

POST PERMIT

STAFFING
Number of FTEs
0 1-5 6-10 11-15 16-20 21-25 26-300 1-5 6-9 10-15 16-20 21-25 26-30 Administrative staffing
Principal Planner 0.50 0.80 0.80 0.80 0.80 0.60 0.60 0.60 0.60 0.50 Senior Planner 0.30 0.50 0.50 0.50 0.50 -
Senior GIS Planner 0.25 0.25 0.25 0.25 0.25 0.05 0.05 0.05 0.05 0.05 Associate Planner 0.80 - - - - 1.85 1.85 1.85 1.85 0.50 Assistant Planner/Planning Technician 0.25 0.50 0.50 0.50 0.50 0.30 0.30 0.30 0.30 0.15 Accountant 0.25 0.25 0.25 0.25 0.25 0.40 0.40 0.40 0.40 0.20 Admin – Secretary (included in rates) - - - - - - - - - - IT Support Staff (included in rates) - - - - - - - - - - Total 2.35 2.30 2.30 2.30 2.30 Total 3.20 3.20 3.20 3.20 1.40 Land acquisition staffing
Principal Planner 0.20 0.20 0.20 0.20 0.20 0.15 0.15 0.15 0.15 - Senior GIS Planner 0.05 0.05 0.05 0.05 -
Associate Planner 0.30 0.20 0.20 0.20 -
Total 0.20 0.20 0.20 0.20 0.20 Total 0.50 0.40 0.40 0.40 - Planning and design, restoration, and monitoring staffing Principal Planner 0.10 - - - - 0.05 0.05 0.05 0.05 -
Senior GIS Planner 0.05 0.05 0.05 0.05 -
Senior Planner 0.20 - - - - - - - - -
Senior Scientist 0.17 0.33 0.33 0.33 0.33 - - - - -
Associate Planner 0.17 0.33 0.33 0.33 0.33 0.30 0.30 0.30 0.30 - Technical Support 0.17 0.67 0.67 0.67 0.33 - - - - -
Total 0.80 1.33 1.33 1.33 1.00 Total 0.40 0.40 0.40 0.40 - Habitat restoration and creation staffing
Principal Planner 0.10 - - - - 0.05 0.05 0.05 0.05 -
Associate Planner/Project Manager 0.20 - - - - 0.30 0.30 0.30 0.30 - Senior Scientist 0.17 0.33 0.33 0.33 0.33 - - - - -
Project Manager 0.17 0.33 0.33 0.33 0.33 - - - - -
Technical Support 0.17 0.67 0.67 0.67 0.33 - - - - -
Total 0.80 1.33 1.33 1.33 1.00 Total 0.35 0.35 0.35 0.35 - Environmental compliance staffing
Principal Planner - - - - - 0.05 0.05 0.05 - -
Associate Planner 0.10 0.10 0.10 - -
Total - - - - - Total 0.15 0.15 0.15 - -
Preserve management and maintenance staffing
Principal Planner 0.10 - - - - 0.025 0.025 0.025 0.025 0.025 Senior Planner 0.20 - - - - - - - - -
Associate Planner/Preserve Manager 1.00 1.00 1.00 1.00 1.00 0.05 0.05 0.05 0.05 0.05 Preserve Maintenance Staff 3.00 4.00 6.00 7.00 8.00 4.00 5.00 7.00 8.00 8.00 Total 4.30 5.00 7.00 8.00 9.00 Total 4.075 5.075 7.075 8.075 8.075 Monitoring and research staffing
Principal Planner - - - - - 0.025 0.025 0.025 0.025 0.025 Senior Planner 0.10 - - - - - - - - -
Senior Scientist 0.17 0.33 0.33 0.33 0.33 - - - - -
Associate Planner 0.17 0.33 0.33 0.33 0.33 0.05 0.30 0.33 0.33 - Technical Support 0.17 0.67 0.67 0.67 0.33 - - - - -
Total 0.60 1.33 1.33 1.33 1.00 Total 0.075 0.325 0.358 0.358 0.025 Overall Staffing Plan
Principal Planner 1.00 1.00 1.00 1.00 1.00 0.95 0.95 0.95 0.90 0.55 Senior Planner 1.00 0.50 0.50 0.50 0.50 - - - - -
Senior GIS Planner 0.25 0.25 0.25 0.25 0.25 0.15 0.15 0.15 0.15 0.05 Associate Planner/Preserve Manager 0.80 - - - - 2.95 3.10 3.13 3.03 0.55 Assistant Planner/Planning Technician 0.25 0.50 0.50 0.50 0.50 0.30 0.30 0.30 0.30 0.15 Accountant 0.25 0.25 0.25 0.25 0.25 0.40 0.40 0.40 0.40 0.20 Admin – Secretary (included in rates) - - - - - - - - - - IT Support Staff (included in rates) - - - - - - - - - - Senior Scientist 0.50 1.00 1.00 1.00 1.00 - - - - -
Project Manager 0.50 1.00 1.00 1.00 1.00 - - - - -
Technical Support 0.50 2.00 2.00 2.00 1.00 - - - - -
Preserve Manager 1.00 1.00 1.00 1.00 1.00 - - - - -
Preserve Maintenance Staff 3.00 4.00 6.00 7.00 8.00 4.00 5.00 7.00 8.00 8.00 Total 9.05 11.50 13.50 14.50 14.50 Total 8.75 9.90 11.93 12.78 9.50 2017 UPDATE STAFFING
Number of FTEs
2012 UPDATE STAFFING
Monitoring and research staffing
Overall Staffing Plan

UPDATE STAFFING
Number of FTEs
Administrative staffing
Planning and design, restoration, and monitoring staffing Habitat restoration and creation staffing
Land acquisition staffing
Preserve management and maintenance staffing
Environmental compliance staffing
D.1.a
Packet Pg. 474 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Program Administration for Initial Urban Development Area 2017 Update
(2016 dollars)
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Capital Costs
Capital Subtotal INCLUDED IN STAFF AND OVERHEAD COSTS
Operational Costs
Staff and overhead $4,587,012 $3,822,510 $3,822,510 $3,822,510 Other administrative costs $36,000 $30,000 $30,000 $30,000 Vehicle / mileage allowance $9,000 $7,500 $7,500 $7,500 Travel $36,000 $30,000 $30,000 $30,000
Insurance $120,000 $100,000 $100,000 $100,000
Legal assistance $600,000 $300,000 $300,000 $300,000
Financial analysis assistance $65,000 $65,000 $65,000 $65,000 Financial audit (annual) $120,000 $100,000 $100,000 $100,000 In-lieu funding for law enforcement and firefighting $40,655 $45,173 $56,466 $67,759 Public relations and outreach $150,000 $125,000 $125,000 $125,000 Operational Subtotal $159,352 $3,328,033 $3,466,978 $5,763,667 $4,625,183 $4,636,476 $4,647,769 Total $159,352 $3,328,033 $3,466,978 $5,763,667 $4,625,183 $4,636,476 $4,647,769 $26,627,458 Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.60 0.60 0.60 0.60
Senior Planner and support $177 - - - -
Senior GIS Planner and support $177 0.05 0.05 0.05 0.05 Associate Planner and support $112 1.85 1.85 1.85 1.85
Planning Technician and support $104 0.30 0.30 0.30 0.30 Accountant and support $133 0.40 0.40 0.40 0.40

3.20 3.20 3.20 3.20
$764,502 $764,502 $764,502 $764,502
$4,587,012 $3,822,510 $3,822,510 $3,822,510
Notes/Assumptions:
1,880 hours per year
Cost by Implementation Period (Years)
Hourly Cost per FTE
with Overhead &
Support
Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Some actual costs for program administration staff and contractors through 2016 are included in actual costs under land acquisition, planning and design, preserve management, restoration, monitoring and environmental compliance.

Position
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
D.1.a
Packet Pg. 475 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Other Administrative Costs
0 1-5 6-9 10-15 16-20 21-25 26-30
CHCPC membership (IEH) $30,000 $25,000 $25,000 $25,000
Miscellaneous equipment and supplies $6,000 $5,000 $5,000 $5,000 Cost per period $36,000 $30,000 $30,000 $30,000
Assumption:
$5,000 annual cost for CHCPC membership, based on actual Conservancy experience through 2016 (Institute for Ecological Health) $1,000 annual cost based on actual Conservancy experience through 2016 Vehicle / Mileage Allowance
0 1-5 6-9 10-15 16-20 21-25 26-30
Cost per period $9,000 $7,500 $7,500 $7,500
Assumption:
$1,500 annual cost based on actual Conservancy experience through 2016 Travel
0 1-5 6-9 10-15 16-20 21-25 26-30
Cost per period $36,000 $30,000 $30,000 $30,000
Assumption:
$6,000 annual cost based on actual Conservancy experience through 2016 Insurance
0 1-5 6-9 10-15 16-20 21-25 26-30
Cost per period $120,000 $100,000 $100,000 $100,000
Assumption:
$20,000 annual cost based on actual Conservancy experience through 2016 Legal Assistance
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Cost per period $600,000 $300,000 $300,000 $300,000 $1,500,000 Assumptions:
$100,000 Annual cost for legal assistance, years 10 - 15 $60,000 Annual cost for legal assistance, after year 15 Note: The legal assistance category covers legal assistance required for program administration and (for years 6 - 10) the environmental compliance category.

Legal assistance for land acquisition included in the due diligence cost factor in the land acquisition category.

Legal assistance is also estimated for the environmental compliance category.

Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
D.1.a
Packet Pg. 476 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Financial Analysis Assistance
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Cost per period $65,000 $65,000 $65,000 $65,000 $260,000 Assumptions:
$65,000 Cost per period for financial analysis assistance Financial analyst review will occur periodically over the life of the Plan (years 3, 6, 10, 15, 20 and 25).

Note: The financial analyis assistance category covers the periodic assistance of a financial analyst to review the program's cost/revenue balance, ensure that charges are adjusted in line with changing land costs and ensure compliance with State requirements on collection of fees.

Annual Financial Audit
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Cost per period $120,000 $100,000 $100,000 $100,000 $420,000 Assumptions:
$20,000 Cost per year for financial audit services based on Conservancy experience through 2016 Annual financial audit of the Conservancy's financial statements by an independent auditor are required by the JPA agreement and Government Code.

In-Lieu Payments for Law Enforcement and Firefighting
0 1-5 6-10 10-15 16-20 21-25 26-30
Total preserve area per period - - 8,083 12,125 16,167 20,208 24,250 In-lieu payments for law enforcement per year $1,783 $2,675 $3,566 $4,458 $5,349 In-lieu payments for firefighting per year $2,734 $4,101 $5,468 $6,835 $8,202 Total cost per year $4,517 $6,776 $9,035 $11,293 $13,552 Cost per period $22,586 $40,655.29 $45,173 $56,466 $67,759 Assumptions:
$4.53 In-lieu law enforcement funding per preserve acre $2.96 In-lieu firefighting funding per preserve acre
In lieu costs per preserve acres are based on CCWD's annual in-lieu payments and the assumption that CCWD manages approximately 20,000 acres of preserve.

Public Relations/Outreach
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Total cost per year $25,000 $25,000 $25,000 $25,000 $100,000 Cost per period $150,000 $125,000 $125,000 $125,000 $525,000 Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
D.1.a
Packet Pg. 477 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Land Acquisition for Initial Urban Development Area 2017 Update
(2016 dollars)
Capital Costs 0 10-15 16-20 21-25 26-30 Total
Acquisition $0 $34,100,657 $28,417,214 $28,417,214 $28,417,214 $205,724,299 Site improvements $0 $1,060,453 $978,317 $978,317 $978,317 $3,995,405 Capital Subtotal $0 $35,161,110 $29,395,531 $29,395,531 $29,395,531 $209,719,704 Operational Costs
Program staff and overhead na $778,320 $249,570 $249,570 $249,570 $1,527,030 Due diligence $165,742 $1,023,020 $852,516 $852,516 $852,516 $6,301,940 Operational Subtotal $165,742 $1,801,340 $1,102,086 $1,102,086 $1,102,086 $7,828,970 Total $165,742 $36,962,450 $30,497,618 $30,497,618 $30,497,618 $217,548,675 Acquisition Cost over 30-year Program, Actuals year 1 - 9 + Projections Years 10 - 30 (2016 dollars) Estimated
Acquisition Analysis Zone 0 10-15 16-20 21-25 26-30 Total Remainder 10-30 Zone 1 $0 $3,685,131 $3,070,943 $3,070,943 $3,070,943 $21,282,960 $12,897,960 Zone 2 $0 $12,806,707 $10,672,256 $10,672,256 $10,672,256 $75,961,473 $44,823,473 Zone 3 $0 $326,188 $271,823 $271,823 $271,823 $3,358,656 $1,141,656 Zone 4 $0 $9,158,247 $7,631,872 $7,631,872 $7,631,872 $38,470,864 $32,053,864 Zone 5 $0 $6,673,142 $5,560,952 $5,560,952 $5,560,952 $49,604,998 $23,355,998 Zone 6 (incl. within ULL along Marsh Creek) $0 $1,095,489 $912,907 $912,907 $912,907 $9,906,210 $3,834,210 Outside Inventory Area $0 $352,480 $293,733 $293,733 $293,733 $1,233,680 $1,233,680 Outside Acquisition Zones $0 $3,274 $2,728 $2,728 $2,728 $5,905,457 $11,457 Total $0 $34,100,657 $28,417,214 $28,417,214 $28,417,214 $205,724,299 $119,352,299 Assumptions: 42% 58%
See Appendix G and description of separate land cost model in Chapter 9.

Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.15 0.15 0.15 0.15
Senior GIS Planner and support $177 0.05 0.05 0.05 0.05 Associate Planner and support $112 0.30 0.20 0.20 0.20
Total FTEs 0.50 0.40 0.40 0.40
Total cost per year $129,720 $49,914 $49,914 $49,914
Total cost per period $778,320 $249,570 $249,570 $249,570 Notes/Assumptions:

Actual staff costs for years 0 - 9 are included in the due diligence actuals below. 1,880 hours per year
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Position
Hourly Cost per FTE
with Overhead &
Support
Number of FTEs
Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.
1-9
$8,385,000
$31,138,000
$2,217,000
$6,417,000
$26,249,000
Actual acquisition cost through year 9, in 2016 dollars. Updated 2016 land cost factors by cost category applied to remaining acquisition targets. Total remaining cost allocated evenly over remaining 21 years of the permit term.
$6,072,000
$86,372,000
1-9
$86,372,000
$0
$86,372,000
na
$2,555,630
$2,555,630
$88,927,630
$5,894,000
D.1.a
Packet Pg. 478 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Due Diligence
Covers costs for appraisals, preliminary title report, escrow and other closing costs, boundary surveys, legal services, environmental and Phase 1 site assessment.

Includes Conservancy staff costs on land acquisition projects.

The 2006 cost model used more detailed unit costs. The result of applying those cost factors in the 2006 model was that due diligence represented about 4% of land acquisition costs. 0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Due Diligence $165,742 $1,504,429 $1,051,201 $1,023,020 $852,516 $852,516 $852,516 $6,301,940 Assumptions:

3.0% Due diligence costs as a percentage of land acquisition cost.

Planning Surveys (Pre-Acquisition)
Based on Conservancy and EBRPD experience to date, initial property evaluation and planning is included in staff and consultant time.

Most significant field biological work is done post acquisition and is included as a monitoring cost.

Site Improvements
0 1-5 6-9 10-15 16-20 21-25 26-30
Demolition of old facilities $60,825 $50,688 $50,688 $50,688 Repair of boundary fence $567,640 $567,640 $567,640 $567,640 Repair and replacement of gates $204,626 $170,521 $170,521 $170,521 Signs (boundary, landbank, etc.) $125,049 $104,208 $104,208 $104,208 Other security (e.g., boarding up barns) $102,313 $85,261 $85,261 $85,261 Total $1,060,453 $978,317 $978,317 $978,317
Assumptions:

Most demolition to date is a condition of the transaction and assigned to the seller. Other site improvement costs included in EBRPD operations and maintenance costs to date. $8,026 Demolition of old facilities per 500 acres
$5,400 Repair and replacement of gates per 100 acres
$3,300 Signs (boundary, landbank, etc.) per 100 acres
$2,700 Other security (e.g., boarding up barns) per 100 acres 240 Estimated number of parcels acquired years 10 - 30 assuming 100 acres per parcel 15,000 Average parcel boundary length in linear feet (from GIS analysis, grouping adjacent parcels with the same landowner) $5.26 Average cost per linear foot for boundary fence repair 15% Proportion of boundary fence that needs repair
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
For the 2012 and 2016 updates the model is simplified to assume due diligence costs (not including Conservancy staff costs) at 3% of land acquisition costs, roughly consistent with the experience of the Conservancy and EBRPD through 2016, during which time about 35 percent of the reserve goals for land acquisition took place. For years 10 -30, Conservancy staff time costs are separately estimated and included in Program Staff line item above.

D.1.a
Packet Pg. 479 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Management and Restoration Planning and Design for Initial Urban Development Area 2017 Update
(2016 dollars)
0 1-5 6-9 10-15 16-20 21-25 26-30
Vehicle purchase (included in overhead and contractor cost) Capital subtotal $0 $0 $0 $0
Operational costs
Program staff and overhead $578,664 $482,220 $482,220 $482,220 Technical staff and overhead $0 $0 $0 $0
Travel $15,000 $12,500 $12,500 $12,500
Contractors $1,520,400 $1,140,300 $570,150 $570,150
Operational subtotal $0 $1,262,793 $668,355 $2,114,064 $1,635,020 $1,064,870 $1,064,870 Total $0 $1,262,793 $668,355 $2,114,064 $1,635,020 $1,064,870 $1,064,870 $7,809,972 Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.05 0.05 0.05 0.05
Senior GIS Planner and support $177 0.05 0.05 0.05 0.05 Associate Planner and support $112 0.30 0.30 0.30 0.30

0.40 0.40 0.40 0.40
$96,444 $96,444 $96,444 $96,444
$578,664 $482,220 $482,220 $482,220
Technical Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Senior scientist and support $177 - - - -
Planning Technician and support $104 - - - -
- - - -
$0 $0 $0 $0
$0 $0 $0 $0
Notes/Assumptions:
1,880 hours per year
Total FTEs
Total cost per year
Total cost per period
Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Capital costs Total
Position
Hourly Cost per FTE
with Overhead &
Support
Cost by Implementation Period (Years)
Position
Hourly Cost per FTE
with Overhead &
Support
Number of FTEs
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
Note: Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies, .

D.1.a
Packet Pg. 480 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Travel (shared with restoration and monitoring)
0 1-5 6-9 10-15 16-20 21-25 26-30
Total cost per period $15,000 $12,500 $12,500 $12,500
Assumption:
$6,250 annual cost based on Conservancy 2017 budget

0.40 Contractors
0 1-5 6-9 10-15 16-20 21-25 26-30
Management planning $760,200 $570,150 $0 $0
Restoration planning $760,200 $570,150 $570,150 $570,150 Total per period $0 $1,520,400 $1,140,300 $570,150 $570,150 Assumptions:

Restoration designs included in habitat restoration/creation cost as of 2017 update.

The management and restoration planning and design staff and contractors will conduct the following activities:

Management Planning
Management plans prepared for cropland/pasture preserves Management plans prepared for natural area preserves
Grazing leases developed or renewed
Jurisdictional wetland delineation
Exotic Plant Control Program (Preserve System-wide)
Fire management/control plan (System-wide)
Restoration Planning & Design (restoration construction designs included in the habitat restoration/creation cost category) Pond creation plan and construction designs
Wetland creation plan and construction designs
Stream restoration plan and construction designs
Oak savanna restoration plan and construction designs
Riparian woodland/scrub restoration plan and construction designs Contract value per period
Contractor category
Cost by Implementation Period (Years)
proportion of travel costs that are used for planning (40% used for restoration and included in the restoration spreadsheet, and 20% used for monitoring and included in the monitoring spreadsheet)
D.1.a
Packet Pg. 481 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Habitat Restoration/Creation for Initial Urban Development Area 2017 Update
(2016 dollars)
0 1-5 6-9 10-15 16-20 21-25 26-30
Creation/Restoration $6,988,585 $5,823,821 $5,823,821 $5,823,821 Vehicle purchase (included in overhead and contractor cost) Capital Subtotal $6,988,585 $5,823,821 $5,823,821 $5,823,821 Operational Costs
Program staff and overhead $478,836 $399,030 $399,030 $399,030 Technical staff and overhead $0 $0 $0 $0
Travel $15,000 $12,500 $12,500 $12,500
Contractors $3,808,779 $3,173,983 $3,173,983 $3,173,983 Operational Subtotal $0 $2,439,332 $1,470,246 $4,302,615 $3,585,513 $3,585,513 $3,585,513 Total $0 $2,439,332 $1,470,246 $11,291,201 $9,409,334 $9,409,334 $9,409,334 $43,428,780 Land Cover Type Restored/Created
0 1-9 10-15 16-20 21-25 26-30
oak savanna - - 12.0 10.0 10.0 10.0 42.0
riparian woodland/scrub - 4.0 13.1 10.9 10.9 10.9 50.0
perennial wetland - 0.2 9.2 7.6 7.6 7.6 32.2
seasonal wetland - 5.8 11.3 9.4 9.4 9.4 45.2
alkali wetland - 2.1 5.6 4.7 4.7 4.7 21.8
slough/channel - - 20.6 17.1 17.1 17.1 72.0
open water - - - - - - -
ponds - 0.0 6.0 5.0 5.0 5.0 21.0
streams (miles) - 1.1 1.0 0.8 0.8 0.8 4.6
Total (acres) - 12.8 78.3 65.3 65.3 65.3 287.0
Cost of Restoration/Creation Construction
0 1-9 10-15 16-20 21-25 26-30
oak savanna acres $15,000 $216,000 $180,000 $180,000 $180,000 riparian woodland/scrub acres $42,199 $664,966 $554,138 $554,138 $554,138 perennial wetland acres $68,846 $756,282 $630,235 $630,235 $630,235 seasonal wetland acres $82,115 $1,109,535 $924,613 $924,613 $924,613 alkali wetland acres $83,094 $560,668 $467,224 $467,224 $467,224 slough/channel acres $62,538 $1,543,789 $1,286,491 $1,286,491 $1,286,491 open water acres $91,251 $0 $0 $0 $0
ponds acres $91,251 $655,754 $546,462 $546,462 $546,462 streams linear feet $234 $1,481,590 $1,234,659 $1,234,659 $1,234,659 $6,988,585 $5,823,821 $5,823,821 $5,823,821
Assumptions:
20%
For 2017 update, unit costs increased based on change in the California Construction Cost Index published by the State of California Department of General Services. Available at:
https://www.documents.dgs.ca.gov/resd/PMB/CCCI/Old/cccitable_2017/CCCIMasterListing_4-2017.pdf Construction costs depend mostly on the amount, depth, and linear extent of earthwork expected, and whether water control structure are required. Plant propagation, seeding, and watering also included.

Capital Costs Total
Land Cover Type (acres) Total
Implementation Period (Years)
Cost by Implementation Period (Years)
Cost by Implementation Period (Years)
Cost per unit
Total
Land Cover Type Units
Contingency factor for restoration projects; assumed higher than the standard contingency because of the higher degree of uncertainty in this portion of the conservation program.

D.1.a
Packet Pg. 482 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.05 0.05 0.05 0.05
Associate Planner and support $112 0.30 0.30 0.30 0.30

0.35 0.35 0.35 0.35
$79,806 $79,806 $79,806 $79,806
$478,836 $399,030 $399,030 $399,030
1,880 hours per year
Technical Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Senior scientist and support $177 - - - -
Associate Planner and support $112 - - - -
Planning Technician and support $104 - - - -
- - - -
$0 $0 $0 $0
Cost per period $0 $0 $0 $0
Assumptions:

Travel (shared with planning and monitoring)
0 1-5 6-9 10-15 16-20 21-25 26-30
Total cost per period $15,000 $12,500 $12,500 $12,500
Assumption:
$6,250 annual cost based on Conservancy 2017 budget

0.40 Contractors
0 1-5 6-9 10-15 16-20 21-25 26-30
Design, plans, specifications, and engineering $2,306,233 $1,921,861 $1,921,861 $1,921,861 Bid assistance $104,829 $87,357 $87,357 $87,357
Construction oversight $698,859 $582,382 $582,382 $582,382 Post-construction maintenance $698,859 $582,382 $582,382 $582,382 Cost per period $3,808,779 $3,173,983 $3,173,983 $3,173,983 Assumptions:
33%

1.50% percent of total construction cost required for bid assistance 10% percent of total construction cost required for construction oversight 10% percent of total construction cost required for post construction maintenance The total area of restoration that occurs in each period will be designed as three different projects (approximately 14 acres each).

Design, plan, specification, and engineering work, bid assistance, and construction oversight will be conducted in the period in which construction takes place. percent of total construction cost required to complete restoration design and plans, specifications, engineering and provide allowance for remedial measures
Total cost per year
Habitat Conservancy staff select sites, hire and oversee consultants for plans, specifcations, and implementation. Staff shared with other implementation tasks; the amount listed is the estimated portion to support wetland mitigation creation/restoration. proportion of travel costs that are used for restoration (40% used for planning and included in the planning spreadsheet, and 20% used for monitoring and included in the monitoring spreadsheet)
Two years of post-construction maintenance will be conducted in the period after construction takes place to maintain irrigation systems, conducting weeding, etc. Management costs after success criteria are met is included in development fee paid for same site (wetland mitigation fee is in addition).

Cost by Implementation Period (Years)
Contractor category
Cost by Implementation Period (Years)
Position
Hourly Cost per FTE
with Overhead &
Support
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
Cost includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Position
Hourly Cost per FTE
with Overhead &
Number of FTEs
Total FTEs
D.1.a
Packet Pg. 483 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Environmental Compliance for Initial Urban Development Area 2017 Update
(2016 dollars)
0 1-5 6-9 10-15 16-20 21-25 26-30
Program staff and overhead $226,164 $188,470 $188,470 $0 Legal assistance $210,000 $175,000 $0 $0
NEPA/CEQA $493,300 $493,300 $493,300 $0
CWA 404 $0 $0 $0 $0
CWA 401 $24,700 $24,700 $24,700 $0
CDFG 1602 $20,500 $20,500 $20,500 $0
NHPA $53,200 $53,200 $53,200 $0
Other $0 $632,307 $138,246 $36,900 $36,900 $36,900 $0
Total $0 $632,307 $138,246 $1,064,764 $992,070 $817,070 $0 $3,644,457 Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.05 0.05 0.05 -
Associate Planner and support $112 0.10 0.10 0.10 -

0.15 0.15 0.15 -
$37,694 $37,694 $37,694 $0
$226,164 $188,470 $188,470 $0
1,880 hours per year
Legal Assistance
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Cost per period $210,000 $175,000 $0 $0 $385,000
Assumptions:
$35,000 Annual cost for legal assistance with wetland permitting, years 10 - 20 Number of Projects Requiring Environmental Compliance
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Small/simple
up to 10 acres or up to 0.1
stream miles
4 4 4 - 20
Medium/more complex

10.1-50 acres or 0.1-0.5
stream miles
4 4 4 - 20
Large/most complex
over 50 acres or 0.5 stream
miles
2 2 2 - 10
10 10 10 - 30
Assumptions:

Of the total of approximately 50 projects that would require environmental compliance, 1/5 would require compliance in each 5-year period between years 1 and 25.

Operational Costs Total
Cost by Implementation Period (Years)
Number
Total projects
Project size Size Range
Position
Hourly Cost per FTE with
Overhead & Support
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
Note: Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Cost by Implementation Period (Years)
D.1.a
Packet Pg. 484 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Environmental Compliance Cost per Project Size and Compliance Category (2016 dollars) Minimum Maximum CEQA CWA 404 CWA 401 CDFG 1602 NHPA Other Small/simple
up to 10 acres or up to 0.1
stream miles $ 2,000 $ 25,000 0.001 0.01 $6,490 $0 $1,800 $983 $3,245 $3,077 Medium/more complex

10.1-50 acres or 0.1-0.5
stream miles $ 25,001 $ 100,000 0.0121 0.07 $51,923 $0 $2,340 $2,109 $4,543 $3,692 Large/most complex
over 50 acres or 0.5 stream
miles $ 100,001
$500,000
or more 0.073 0.30 $129,809 $0 $4,063 $4,048 $11,034 $4,923 Assumptions:

For NEPA/CEQA, 401/404 and 1602 compliance, varying costs have more to do with project complexity than with project size.

Clean Water Act 401 and 1602 permits will be done on a per-project basis Cultural compliance permits will be done on a per-project basis.

Permitted projects would be completed within the time limit allotted for the permits; no extensions or re-application would be required.

The "other" compliance category could include county grading permits, road encroachment permits, or other local approvals.

NEPA/CEQA
Depending on the level of detail that is provided for specific projects, they may or may not be able to be covered under the HCP EIR/EIS.

For those without sufficient detail, additional environmental documentation may need to be prepared.

It is likely that the majority of those would be in the form of mitigated negative declarations.

Because it is difficult to provide a cost estimate for a project without knowing details such as location, size, etc., the following are some rough numbers based on level of controversy:

Small scale non-controversial projects = Cat Excl/Cat Exemp Medium scale more controversial projects = IS MND/EA FONSI Larger scale more controversial projects = EIR/EIS
All land acquisitions would be a categorical exemption under CEQA as well as under NEPA, when NEPA applies. 401/404
The cost of conducting wetland delineations is not included under CWA 404/401 compliance; it is expected that delineation would be covered under land acquisition costs.

Each project implemented under the HCP will qualify for compliance under the USACE 404 regional permit program for the inventory area; there is no fee for 404 permit applications Tasks associated with Section 402 compliance are not included in this cost estimate.

NHPA
Archaeological surveys can be conducted at an intensive level at a rate of 40 acres per person per day.

No more than one cultural resource will be identified per 40 acres or part thereof.

This scope of work and cost estimate does not include tasks necessary for significance evaluations and resolution of adverse effects.

CDFG 1602
California Department of Fish and Wildlife Lake and Streambed Alteration Agreements and Fees, Effective October 1, 2016. Available:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=130459&inline Assumed wetland impact determined by AECOM based experience with typical projects that would be expected to be implemented by the Conservancy. For example wetland restoration/creation projects, stream restoration projects, adaptive management measures for existing wetland features and facilities improvements. In general, it is expected that impacts to wetlands and streams would be avoided if at all possible. Of the stream length indicated, assumed only 10% of that length would be impacted and an average stream width of 10 feet.

Contra Costa Conservancy staff will prepare permit applications and notification for the 401, 404 and 1600 applications, thereby resulting in no consultant cost for permit preparation. This table also assumes that the permits for Water Quality Certification (CWA 401) and Streambed Alteration Agreement (DFG 1602) will not be secured under programmatic or Master permit processes.

CWA 401 fee cost estimate is based on impacts to jurisdictional waters of the state rather than project size. Fee is an average based on the minimum and maximum expected impacts. State Water Resources Control Board Fiscal Year 2016-2017 Water Quality Certification Dredge and Fill Application Fee Calculator (Effective Date 11/16/2016) Available:
http://www.waterboards.ca.gov/water_issues/programs/cwa401/ DFG 1602 costs are estimated based on the assumed cost of project activities within DFW jurisdiction per Fish and Game Code Sections 1600-1616, and the fee schedule corresponding to the project costs. Average cost based on mean of minimum and maximum fee amounts for standard agreements.

Project Impacts to
Wetlands for CWA 401 Compliance Category
Project size Size Range
Estimate Project Cost within
DFG jurisdiction
D.1.a
Packet Pg. 485 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Preserve Management and Maintenance for Initial Urban Development Area 2017 Update
(2016 dollars)
Capital Costs 0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Vehicle purchase $0 $0 $0 $0
Equipment - capital $0 $0 $0 $0
Field facilities $0 $0 $0 $0
Contractors - capital $0 $0 $0 $0
Recreation facilities $0 $0 $0 $0
Capital Subtotal $0 $0 $0 $0
Operational Costs
Program staff and overhead $49,914 $41,595 $41,595 $41,595 Preserve staff and overhead $3,447,168 $3,577,640 $4,987,640 $5,692,640 Facilities Maintenance/Vehicles and equipment $1,776,000 $1,850,000 $2,590,000 $2,960,000 Equipment - operational $0 $0 $0 $0
Facilities maintenance and utilities $0 $0 $0 $0
Water pumping $0 $0 $0 $0
Contractors - operational $0 $0 $0 $0
Recreation - operational $0 $0 $0 $0
Operational Subtotal $0 $386,065 $1,543,536 $5,273,082 $5,469,235 $7,619,235 $8,694,235 Total $0 $386,065 $1,543,536 $5,273,082 $5,469,235 $7,619,235 $8,694,235 $28,985,388 Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and Support $177 0.025 0.025 0.025 0.025 Senior Planner and Support $177 - - - -

0.025 0.025 0.025 0.025
$8,319 $8,319 $8,319 $8,319
$49,914 $41,595 $41,595 $41,595
Preserve Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Preserve Manager and support $112 0.05 0.05 0.05 0.05
Preserve maintenance staff 3,000 $75 4.0 5.0 7.0 8.0

4.05 5.05 7.05 8.05
$574,528 $715,528 $997,528 $1,138,528
$3,447,168 $3,577,640 $4,987,640 $5,692,640
Notes/Assumptions:
1,880 hours per year, excluding vacation
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
Number of FTEs
Position
Hourly Cost per FTE
with Overhead &
Support
Note: Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Position
Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

NOTE: Costs for years 1 - 9 include expenditures by the East Bay Regional Park District on land maintenance activities on Conservancy properties (staff costs, maintenance supplies, maintenance services from inception throught 2016. Details provided by the East Contra Costa County Habitat Conservancy.

Implementation Period (Years)
Hourly Cost per FTE
with Overhead &
Support
Preserve area per
position (acres)
Total FTEs
Total cost per year
Total cost per period
Covered in facilities maintenance line item below.

Covered in facilities maintenance line item above.

D.1.a
Packet Pg. 486 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Preserve maintenance including capital and operational costs for all maintenance activities (new cost approach for 2017 update) 0 1-5 6-9 10-15 16-20 21-25 26-30

4.0 5.0 7.0 8.0
Total cost per year $296,000 $370,000 $518,000 $592,000 Total cost per period $1,776,000 $1,850,000 $2,590,000 $2,960,000 Notes/Assumptions:

Annual cost per FTE $74,000
For 2017 update, revised the approach to this component of the cost estimate. Replaced detailed estimates of schedules for vehicle and equipment purchases, field facilities construction, and various maintenance activities with a per-FTE factor derived from analysis of the EBRPD budget for the Maintenance and Skilled Trades Department within the Parks Operations Division. This department acquires, manages, and services the vehicles, trailers, landscaping equipment, heavy equipment, police vehicles, boats and fire apparatus needed to manage and maintain EBRPD properties. The department also repairs and maintains buildings and utilities infrastructure, including water utilities, roads and trails, and sanitation systems.

Vehicles, Maintenance, and Fuel - Captured in annual cost per FTE above (May 2017) 0 1-5 6-9 10-15 16-20 21-25 26-30
Total number of FTEs 4.05 5.05 7.05 8.05
New trucks purchased $27,600 $1,200 $1,300 0 0 0 0
Old trucks retired 0 0 0 0
Total trucks 0 0 0 0
New 4WDs purchased $46,000 $2,400 $2,000 0 0 0 0
Old 4WDs retired 0 0 0 0
Total 4WDs 0 0 0 0
New ATVs purchased $7,900 $330 $390 0 0 0 0
Old ATVs retired 0 0 0 0
Total ATVs 0 0 0 0
New dump trucks purchased $39,400 $530 $530 0 0 0 0
Old dump trucks retired 0 0 0 0
Total dump trucks 0 0 0 0
New tractors purchased $52,600 $660 $1,310 0 0 0 0
Old tractors retired 0 0 0 0
Total tractors 0 0 0 0
New auger, mower, scraper for tractor $52,600 $0 $130 0 0 0 0 Old auger, mower, scraper retired 0 0 0 0
Total auger, mower, scraper 0 0 0 0
New small tractors $18,400 $390 $390 0 0 0 0
Old small tractors retired 0 0 0 0
Total small tractors 0 0 0 0
New light 4WD vehicles $13,100 $330 $330 0 0 0 0
Old light 4WD vehicles retired 0 0 0 0
Total light 4WD vehicles 0 0 0 0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
Assumptions:

Cost of 4WD truck includes cost of fire pumper, chain saw, sprayer, and small tool set for vehicle.

Total vehicle fuel and maintenance per period
Cost by Implementation Period (Years)
Total vehicle fuel and maintenance per year
Total vehicle purchase cost per period
Fuel cost per
vehicle per year
Number of vehicles, per period
Maintenance
cost per vehicle
per year
Purchase price per
vehicle
D.1.a
Packet Pg. 487 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Equipment and Materials - Captured in annual cost per FTE above (May 2017) 0 1-9 10-15 16-20 21-25 26-30 New preserve area managed per period 8,083 4,042 4,042 4,042 4,042 Total preserve area managed per period 8,083 12,125 16,167 20,208 24,250 Capital cost of equipment and materials per
year $0 $0 $0 $0
Operational cost of equipment and materials
per year $0 $0 $0 $0
Total capital cost per period $0 $0 $0 $0
Total operational cost per period $0 $0 $0 $0
Assumptions:
$0 Capital cost of equipment and materials per 1,000 preserve acres per year. $0 Operational cost of equipment and materials per 1,000 preserve acres per year.

Capital costs include the capital component of fire fighting equipment/gear, small tools (pliers, wrenches, screwdrivers, etc.), glasses, gloves, hard hats, rain gear, irrigation supplies, cargo container, landscape plants and grass, oak trees, lumber, and truck hauling services.

Operational costs include the operational component of fire fighting equipment/gear, small tools (pliers, wrenches, screwdrivers, etc.), glasses, gloves, hard hats, rain gear, irrigation supplies, cargo container, landscape plants and grass, oak trees, lumber, and truck hauling services.

Operational costs also include portable radios, small pumps, piping, generator, saw, and demolition hammers.

Field Facilities - Captured in annual cost per FTE above (May 2017) 0 1-9 10-15 16-20 21-25 26-30 Total preserve area managed per period 8,083 12,125 16,167 20,208 24,250 Total field offices/parking areas - - - -
New field offices/parking areas - - - -
Cost per period for offices/workshops $0 $0 $0 $0
Assumptions:
10,000 Number of acres per workshop/parking area
$556,000 Cost to build a workshop/parking area
Note: Field facilities contain an area for equipment storage, a manager's office, a shared office, a locker room, and restrooms.

Based on experience to date, cost assumes donated portable building, with costs representing transportation, installation, utilities, etc.

Facilities Maintenance and Utilities - Captured in annual cost per FTE above (May 2017) Cost per facility per
year
0 1-5 6-9 10-15 16-20 21-25 26-30
Total facilities per period - - - - - -
Maintenance cost per year $9,900 $0 $0 $0 $0
Utilities cost per year $5,300 $0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
Water Pumping - Captured in annual cost per FTE above (May 2017) 0 1-5 6-9 10-15 16-20 21-25 26-30 Total preserve area managed 12,125 16,167 20,208 24,250 Total cost per year $0 $0 $0 $0
Total cost per period $0 $0 $0 $0
$0 Annual cost for pump and well drilling per 1,000 acres Total cost per year
Number of new units bought per period
Total cost per period
D.1.a
Packet Pg. 488 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Contractors - operational: for 2017 update assume included in preserve management staffing cost 0 1-5 6-9 10-15 16-20 21-25 26-30 Total pond area managed 13 20 28 35
Total preserve area managed 12,125 16,167 20,208 24,250 Routine dirt road maintenance $0 $0 $0 $0
Feral pig management $0 $0 $0 $0
Pond maintenance $0 $0 $0 $0
Weed management $0 $0 $0 $0
Other maintenance services $0 $0 $0 $0
Total per period $0 $0 $0 $0
Assumptions:
$0 Cost for pond maintenance (dredging) per acre of pond every 5 years. $0 Cost of dirt road maintenance per 100 miles of road per year. 100 miles of dirt roads on preserves
4 miles of dirt roads per 1,000 acres of preserve
$0 Cost of feral pig management per year per 1,000 acres managed $0 Cost of weed management per 1,000 acres of preserve per year. $0 Cost for other maintenance services per 1,000 acres of preserve per year.

Other maintenance services include mowing, grading, pest control, disking for fire breaks, fencing, alarms, janitorial services (pond maintenance subtracted based on the yearly pond maintenance costs above) Contractors - capital - Captured in annual cost per FTE above (May 2017) 0 1-5 6-9 10-15 16-20 21-25 26-30 Total preserve area managed 12,125 16,167 20,208 24,250 Construction services $0 $0 $0 $0
Assumptions:
$0 Cost for construction services per 1,000 preserve acres per year Construction services includes roadway design, paving, fencing, grading, weather station, and boundary surveying services Recreation Facilities and Maintenance
0 1-5 6-9 10-15 16-20 21-25 26-30
Total facilities per period - - - -
Facilities cost - capital, per period $0 $0 $0 $0
Facilities cost - maintenance and operations $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
Assumptions:

For this estimate, assumed costs covered by the East Bay Regional Park District. $0 Cost per unit for recreation facilities.
$0 Annual maintenance and operations cost for recreation facilities Contractor category
Contract value per period
Contract value per 5-year period
Contractor category
Total cost per period
Total facilities capital cost
Total cost per year
D.1.a
Packet Pg. 489 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

HCP/NCCP Monitoring, Research, and Adaptive Management for Initial Urban Development Area 2017 Update
(2016 dollars)
0 1-5 6-9 10-15 16-20 21-25 26-30 Total
Vehicle purchase (included in overhead and contractor cost) Capital Subtotal $0 $0 $0 $0
Operational Costs
Program staff and overhead $113,082 $357,435 $392,528 $392,528 Technical staff and overhead $0 $0 $0 $0
Travel $7,500 $6,250 $6,250 $6,250
Field data collection (contractors) $1,530,879 $1,741,261 $2,162,226 $2,518,534 Directed research $570,000 $475,000 $475,000 $475,000
Adaptive management $189,500 $189,500 $189,500 $189,500 Operational Subtotal $0 $466,449 $430,860 $2,410,961 $2,769,446 $3,225,504 $3,581,812 Total $0 $466,449 $430,860 $2,410,961 $2,769,446 $3,225,504 $3,581,812 $12,885,034 Program Staff and Overhead
0 1-5 6-9 10-15 16-20 21-25 26-30
Principal Planner and support $177 0.025 0.025 0.025 0.025 Associate Planner and support $112 0.05 0.30 0.33 0.33

0.075 0.325 0.358 0.358
$18,847 $71,487 $78,506 $78,506
$113,082 $357,435 $392,528 $392,528
1,880 hours per year
Technical Staff and Overhead (shared with planning and restoration/creation) 0 1-5 6-9 10-15 16-20 21-25 26-30 Senior scientist and support $177 - - - -
Technical support $104 - - - -
- - - -
$0 $0 $0 $0
Cost per period $0 $0 $0 $0
Assumptions:

Hourly Cost per FTE
with Overhead &
Total cost per year
Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Cost by Implementation Period (Years)
Capital costs
Position
Hourly Cost per FTE
with Overhead &
Support
Number of FTEs
Total FTEs
Total cost per year
Total cost per period
Note: Hourly cost factor includes staff salary and benefits, salaries and benefits of administrative support staff (secretaries, clerks, IT staff, etc.) and associated overhead, including space and utility costs, office furniture, equipment, and supplies.

Position
Number of FTEs
Total FTEs
D.1.a
Packet Pg. 490 Attachment: ECCCHCP-NCCP Mitigation Fee Audit and Nexus Study - Final Report - June 2017 (2471 :

Travel (shared with planning and restoration/creation)
0 1-5 6-9 10-15 16-20 21-25 26-30
Total cost per period $7,500 $6,250 $6,250 $6,250
Assumption:
$6,250 annual cost based on Conservancy 2017 budget

0.20 Field Data Collection (Contractors)
On-going and Construction Monitoring
0 1-9 10-15 16-20 21-25 26-30
8,083 4,042 4,042 4,042 4,042
13 78 65 65 65
9 24 20 20 20
2 6 5 5 5
0 1-5 6-9 10-15 16-20 21-25 26-30
pre-construction surveys $2,694 1 site 5 5 5 5
subtotal $13,470 $13,470 $13,470 $13,470
construction monitoring $5,957 1 site 1 1 1 1
subtotal $5,957 $5,957 $5,957 $5,957
post-acquisition biological inventories $18 1 acre 674 808 808 808 subtotal $12,236 $14,683 $14,683 $14,683
monitoring: restoration, creation and
enhancement sites $10,776 10 acres 3 19 29 27
subtotal $3,233 $20,474 $31,250 $29,095
status and trends monitoring: key covered
species and ecosystems $18 1 acre 12,125 16,167 20,208 24,250 subtotal $220,251 $293,668 $367,084 $440,501
$255,147 $348,252 $432,445 $503,707
$1,530,879 $1,741,261 $2,162,226 $2,518,534
Assumptions:

Implementing entity monitoring staff will plan, coordinate, and report on the monitoring categories described below.

Contractors will conduct the field monitoring and data analysis. 10%

0.25 Ratio of area of other covered activities in preserves to area created/restored.

Planning, preconstruction surveys and construction monitoring for covered activities outside of preserves will be paid for by developers.

Post-acquisition inventories will build on planning surveys. Inventory will include mapping of noxious weeds.

Cost by Implementation Period (Years)
Monitoring type Cost per unit Unit
Average area requiring monitoring per year (acres or sites) and average annual cost per period Number of preserve covered activities requiring pre-construction surveys and construction monitoring per period (sites)
Number of restoration sites per period
Total acres of land added to reserve for management and monitoring each period New acres created/restored per period
Proportion of travel costs that are used for monitoring (40% used for planning and included in the planning spreadsheet, and 40% used for restoration and included in the restoration spreadsheet).

Status and trends monitoring is assumed to occur after preserve land is purchased through year 30. Status and trend monitoring will build on planning surveys and post-acquisition inventories, when appropriate.

Total cost per year
Total cost per period
Implementation monitoring will be conducted by the GIS/Database technician in conjunction with the other monitoring staff. The cost for the GIS/database technician's time will be covered by the program administration cost category. The cost for the monitoring staffs' time is assumed to be included in the other monitoring categories.

Preconstruction surveys are assumed to occur prior to construction of covered activites on the Preserve System. Preconstruction surveys are for the following species only: Townsend's bigeared bat, San Joaquin kit fox, golden eagle, burrowing owl, Swainson's hawk, and covered shrimp species. Surveys are assumed to require one visit by two associate biologists at $160/hour each. They are assumed to occur in the same 5-year period in which construction occurs. Assumes negative findings.

Brentwood City CouncilApril 26, 2022

Brentwood City Council
April 26, 2022