CITY OF BRENTWOOD
COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022
1. PURPOSE AND
GENERAL
PROVISIONS.
Ordinance No:
1031
3.1.6 Deposit and Indemnification Agreements; Non-Development Related
3.1.6.1 General. Non-development related deposit and indemnification agreements between the City and a third party, which require the reimbursement to City of expenses incurred for work undertaken by the City, or by City consultants and contractors.
3.1.6.2 Consultant and Contractor Agreements. A contract for consultants and contractors in an amount up to $250,000, if the following criteria are met:
• a deposit and indemnification agreement exists; and
• there is no cost to the City because a third party has deposited the required amount under the contract with the City
3.1.7 Other documents. Other documents related to routine operations, regulations or reporting. Examples include:
3.1.7.1 Utilities. Regarding a utility company, as long as City’s financial commitment can be reconsidered:
paperwork for scheduling work; and/or
approval of an estimate before the beginning of design work or construction; applications involving payment by the company to the City (incentives or cost savings; energy efficiency).
3.1.7.2 Letter in support or opposition. A letter of support or opposition for a proposed project in another jurisdiction, an organization, government entity, or legislation as long as the letter is not inconsistent with City policies. The letter must relate to:
• a position taken by the League of California Cities, unless the City Council has taken a contrary position.
a position taken by an entity or organization to which the City is a member (for example the Contra Costa Transportation Authority or the California Association of Sanitary Agencies), so long as that position is not contrary to a previously approved City Council position or a position taken by the League of California Cities.
legislation regarding a project approved by the City Council. a routine matter, experienced in the normal course of City business. a previously approved City Council position.
A copy of the letter of support or opposition will be sent to the Mayor and City Council (for information only).
3.1.7.3 Employment.
Disability retirement. Submit application for disability retirement or initiate request for reinstatement; make determinations under Section
CITY OF BRENTWOOD
COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022
1. PURPOSE AND
GENERAL
PROVISIONS.
Ordinance No:
1031
21152(C) of the Government Code of disability and whether the disability is industrial, and to certify the determinations and all other necessary information to the Public Employees’ Retirement System. Employee Benefits. Execute contracts for employee benefits with outside vendors that are included in a City Council-approved Memorandum of Understanding.
3.1.7.4 Notice of completion. File notice of completion for a project up to $50,000 that was not awarded by the City Council.
3.1.7.5 Affordable housing.
Provided that the documents are consistent with Municipal Code Chapter 17.725 Affordable Housing, if applicable and Health & Safety Code Section 33000, et seq. if applicable, execute contracts, resale controls, rent restrictions and other documents necessary to implement those provisions.
Provided that the documents are consistent with the Council approved First Time Homebuyer’s Program, execute loan agreements and other documents necessary to implement the terms and provisions of the Loan Agreements and the First Time Homebuyer’s Program, subject to revisions approved to form by the City Attorney.
3.1.7.6 Financial.
Sign credit applications after City Attorney review of the credit application;
Sign and record liens in accordance with Municipal Code Section
1.12.110 and lien releases in accordance with Council/Administrative Policy 10-15, Collection Policy;
Sign and record special assessments in accordance with Municipal Code Section 1.12.110;
Write-off uncollectible receivables in accordance with Council/Administrative Policy 10-5, Budget and Fiscal Policies; Sign checks or other instruments for the withdrawal of moneys in the operating account, under Policy 10-11, authorized City Officials; Sign required escrow and/or banking documents regarding City deposits; Sign DMV paperwork to implement disposition of surplus property (Policy 10-7);
3.1.7.7 Grant applications. Sign grant application paperwork for grants that do not bind the City for more than $10,000 annually, subject to the City Manager Grants and Rebates Policy No. 14.
3.1.7.8 Regulatory reporting. Examples:
Signing as the “legally responsible officer” to report and certify data into the online database for the State Water Resources Control Board (SWRCB).
Signing NPDES applications and permit renewal for the Wastewater Treatment Plant.
CITY OF BRENTWOOD
COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022
1. PURPOSE AND
GENERAL
PROVISIONS.
Ordinance No:
1031
3.2 Exceptions to City Manager authority in section 3.1:
3.2.1 Public project change order. Notwithstanding the maximum compensation limits set forth in subsection 3.1.1 above, for a public project awarded by City Council resolution, the City Manager may authorize a change order up to the contingency amount approved by the City Council when awarding the bid.
3.2.2 Settlement of claims. The City Manager is authorized to settle, approve or reject claims or litigation:
in an amount not to exceed $50,000; or
for a higher amount as long as the City’s deductible (with the City’s insurer) is limited to $50,000 or less.
3.3 Emergency. In a declared emergency (as defined in the Purchasing Policy, 10-7) endangering the lives, property or welfare of the people in the City or the property of the City, the City Manager may authorize the expenditure of up to $1,000,000. (See also Purchasing Policy No. 10-7, Emergency Purchases.)
4. CITY ATTORNEY AUTHORITY.
4.1 General. For purposes related to legal services and the activities and functions of the City Attorney’s Office, the City Attorney is granted the same authority as the City Manager as set forth in section 3.1.1, up to $50,000.
The City Attorney reviews and approves contracts as to form, except the following:
reviews, but does not approve, agreements for the purchase, installation, use, support, or maintenance of pre-packaged “Out of the Box” software as discussed in section 12.1 of the Purchasing Policy, as that section may be amended from time to time;
amendments to Master Permits to use school district properties for police training.
4.2 Litigation. The City Attorney is authorized to sign pre-litigation and litigation procedural documents, such as requests for continuances, tolling agreements, conflict waivers, and joint defense agreements, where such documents do not result in a final settlement of the underlying litigation.
4.3 Development-related legal services. The City Attorney is granted the authority to execute contracts for City-managed professional legal services in an amount up to $100,000 if the following criteria are met:
a deposit and indemnification agreement exists;
there is no cost to the City because an applicant for development entitlements has deposited the required amount under the contract with the City; and the funds are to be used for development-related legal services.
4.4 Letters. In addition to the correspondence typically signed by the City Attorney in the
CITY OF BRENTWOOD
COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022
1. PURPOSE AND
GENERAL
PROVISIONS.
Ordinance No:
1031
exercise of his or her authority, he or she is specifically authorized, in consultation with the City Manager, to sign the following legal briefs and/or letters related to:
a position taken by the League of California Cities on a matter, unless the City Council has taken a contrary position.
a position taken by an entity or organization to which the City is a member (for example the Contra Costa Transportation Authority or the California Association of Sanitary Agencies), so long as that position is not contrary to a previously approved City Council position or a position taken by the League of California Cities. requests for conflict of interest opinions from the Fair Political Practices Commission. projects approved by City Council.
an Attorney General’s Opinion, judicial proceeding or judicial opinion, when in his or her professional opinion the letter is in the best legal interests of the City of Brentwood.
5. DEPARTMENT DIRECTOR AUTHORITY. Department Directors are authorized to enter into and sign on behalf of the City, without the prior approval of the City Manager or City Council, a contract which is for the purchase or lease of commodities, equipment, general services; or professional services, but not for legal services; or where the City is a Landlord/Tenant, Licensee/Licensor, or for temporary use of a facility; and, for each of the contracts listed in this section, where a contract which contains a maximum amount of $10,000 or less per fiscal year up to a maximum contract amount of $30,000. Cumulative additional amendments or change orders exceeding $10,000 per fiscal year or more than $30,000 in the aggregate must be approved by the City Manager as set forth in section 3.1.1.
CITY COUNCIL AGENDA ITEM NO. E.11
11/14/2023
SUBJECT: An Ordinance amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures DEPARTMENT: Community Development
City Attorney’s Office
STAFF: Alexis Morris, Director of Community Development Damien Brower, City Attorney
TITLE/RECOMMENDATION
Staff recommends the City Council introduce and waive the first reading of an ordinance amending provisions of the Brentwood Municipal Code to update outdated chapter and section numbering references; revise Section 1.12.010 (Hearing Officer); revise, in its entirety, Chapter 1.24 (Administrative Citations); and make findings that these actions are exempt from the California Environmental Quality Act based on sections 15061 and 15358 of the Act’s Guidelines.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed Municipal Code amendments.
BACKGROUND
It has been a continuing goal of the City Council to keep the Brentwood Municipal Code as up-to-date as possible. Most recently, at its meeting of October 24, 2023, the City Council reaffirmed its commitment to Municipal Code updates. The proposed amendments are a continuation of the Council’s goals and focus on the Code’s enforcement provisions, and more specifically, those related to administrative citations.
With the City Council’s June 13, 2023, approval of a contract for administrative citation and hearing processing services, it becomes necessary to revise sections of the Municipal Code. In addition, the provisions of Chapter 1.24 (Administrative Citations) were last amended in 2016, and it is best practice to review periodically provisions of the Municipal Code to ensure they are current, and to provide City enforcement personnel with the most up-to-date tools with which to do their jobs.
CITY COUNCIL AGENDA ITEM NO. E.11
11/14/2023
During the preparation of the attached ordinance, staff became aware of references in the Municipal Code to outdated section and chapter numbers, and decided it would be an appropriate time to update those references- in other words, swapping out one chapter or section number with the updated chapter or section number.
There are no large-scale revisions with this ordinance, and many of its proposed changes are clarifications that memorialize current practices or account for the new third party involvement in the processing of administrative citations and appeal hearings. Along with the above-described numbering corrections, the following summarizes revisions of note. In addition, the attached ordinance is redlined to show specific revisions.
Section 1.12.010 (Hearing officer)
No longer requires that a person appealing an administrative citation also pay for half of the hearing officer costs. Prior to the recent third party processing/appeal hearing contract approval, this section had not been used since hearing officers were City employees.
Section 1.24.020 (Administrative citation)
Clarifies notice procedures for mailing certain pre-citation notices, including when providing prior notice is not possible or practicable. Also updates the information contained on an administrative citation, including the ability to reference multiple violations.
Section 1.24.050 (Hearing request)
Provides for the appeal of one or more violations listed on a single citation and allows for the electronic submittal of such appeals. Also, provides for an appeal hearing form, and clarifies when a citation appeal hearing may be held and when the continuance of such a hearing may be granted.
Section 1.24.060 (Advance deposit hardship waiver)
Places a time requirement on when an advanced hardship waiver may be requested, and provides for the electronic submittal of such requests. 1.24.080 (Hearing procedure)
Expressly states that appeal hearings are an informal process, and describes in more detail what must be demonstrated to prevail. 1.24.090 (Hearing officer’s decision)
Further details the hearing officer’s options when issuing their decisions 1.24.110 (Recovery of administrative citation fine(s) and costs)
CITY COUNCIL AGENDA ITEM NO. E.11
11/14/2023
Clarifies assessment collections and, when multiple citations are issued for the same violation, now expressly permits the collection of fines from all who have received citations for the same violation. 1.24.120 (Notices) Provides additional detail to the notice process and further defines when service of notices occurs.
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTIONS
Previous actions by the City Council is included on Attachment 1.
ATTACHMENT(S)
1. Previous Actions
2. Ordinance
Attachment 1
PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
In 2009, the City Council adopted Ordinance No. 867, and revised provisions of Brentwood Municipal Code Chapter 1.12 Administrative Citations In 2016, the City Council adopted Ordinance No. 978, and, among other things, revised in its entirety Brentwood Municipal Code Title 1 (General Provisions), including the renumbering of, and making amendments to, the Code’s Administrative Citation provisions.
On June 13, 2023, by Resolution 2023-70, the City Council authorized the City Manager to execute a five year Professional Services Agreement with Data Ticket, Inc. to perform Administrative Citation, Nuisance Abatement and Notice of Pending Action Processing and Hearing Services in Accordance with the Brentwood Municipal Code (BMC”) in an amount not to Exceed $64,000.
1 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AMENDING PROVISIONS OF THE BRENTWOOD
MUNICIPAL CODE TO UPDATE OUTDATED CHAPTER AND
SECTION NUMBERING REFERENCES; REVISE SECTION
1.12.010 (HEARING OFFICER); AND REVISE, IN ITS ENTIRETY, CHAPTER 1.24 (ADMINISTRATIVE CITATIONS); AND MAKING
FINDINGS THAT THESE ACTIONS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT BASED ON
SECTIONS 15061 AND 15358 OF THE ACT’S GUIDELINES
WHEREAS, pursuant to the California Constitution, article XI, section 7 and under the City’s general police powers, the City of Brentwood is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City has a substantial interest in continually updating provisions of its Municipal Code, particularly those relating to the Code’s enforcement; and WHEREAS, with recent revisions to the method of administrative citation processing and appeal hearings, it is necessary and best practice to update specified chapters of the Brentwood Municipal Code; and
WHEREAS, in the course of updating the subject chapters of the Brentwood Municipal Code, it was determined that updates were required to outdated chapter and section references; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Chapter 1.08 to Chapter 1.24. References to “Chapter 1.08” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Chapter 1.24” (Administrative Citations):
7.07.020 Penalties
8.36.070 Enforcement
15.52.180 Fines and Penalties
SECTION 3. Chapter 1.08 or Section 1.08.010 to Section 1.16.010. References to “Chapter
1.08” or to “Section 1.08.010” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.16.010” (Code Enforcement General):
5.04.200 Enforcement
5.48.100 Violations and penalty
5.60.230 Violations
8.00.040 Notices of public nuisance and order to abate 8.16.600 Enforcement
9.32.100 Enforcement
13.04.1030 Administrative complaint
13.04.1050 Costs
2 14.01.1015 Violations other than for nonpayment of water service charges SECTION 4. Chapter 1.08 to Section 1.16.060. References to “Chapter 1.08” in the following section of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.16.060” (Enforcement Authority):
8.44.020 Definitions
SECTION 5. Chapter 1.08 to Section 1.16.060. References to “Chapter 1.08” in the following section of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.20.010” (Criminal Penalties):
13.04.1040 Criminal Action
SECTION 6. Chapter 1.12 to Chapter 1.24. References to “Chapter 1.12” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Chapter 1.24” (Administrative Citations):
1.16.050 Notice of pending action
5.48.100 Violations and penalty
13.04.1000 Enforcement mechanisms
13.04.1030 Administrative complaint
SECTION 7. 1.12.010 Hearing officer. Section 1.12.010 (Hearing Officer) of the Brentwood Municipal Code will be amended in its entirety to read as follows:
“1.12.010 Hearing officer.
Whenever this code authorizes an appeal to the city manager, or otherwise requires a hearing officer, the city manager may designate the hearing officer. The designated hearing officer must be an impartial person, such as: (1) a city employee from a department which has no involvement in the matter being considered; or (2) someone selected randomly from a panel of hearing officers assembled by the city attorney’s office;, or (3) someone hired from an organization which provides hearing officers, in which case, for appeals not pertaining to section 1.16.050, chapter 1.24, or chapter 8.00, the cost will be shared equally by the city and the person cited.
The employment, performance evaluation, compensation and benefits of the hearing officer shallwill not be directly or indirectly conditioned upon or affected by the hearing officer’s decision.”
SECTION 8. Chapter 1.24 (Administrative Citations). Chapter 1.24 (Administrative Citations) of the Brentwood Municipal Code will be amended in its entirety to read as detailed in the quoted section of Exhibit “A” to this Ordinance.
SECTION 9. California Environmental Quality Act (CEQA) Exempt. The City Council finds that this ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.
3 SECTION 10. Entry into Municipal Code. The City Clerk is requested to cause the updating of those Municipal Code sections referenced in Sections 2 through 6 above, and to cause a clean copy of the quoted text in Sections 7 and 8 above to be entered in the Municipal Code.
SECTION 11. Publication. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.
SECTION 12. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding will not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 13. Effective Date. This ordinance will take effect and be in force 30 days following its adoption.
THIS FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the ____ of _________, 2023, by the following vote:
4 Exhibit A
“Chapter 1.24
Administrative Citations
Sections:
1.24.010 Applicability
1.24.020 Administrative citation
1.24.030 Amount of fines
1.24.040 Payment of the fine
1.24.050 Hearing request
1.24.060 Advance deposit hardship waiver
1.24.070 Hearing officer
1.24.080 Hearing procedure
1.24.090 Hearing officer’s decision
1.24.100 Recoverable costs
1.24.110 Recovery of administrative citation fine(s) and cost(s)
1.24.120 Notices
1.24.130 Cost of administrative citation a personal obligation
1.24.010 Applicability.
A. This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.
B. Use of this chapter shallwill be at the sole discretion of the city.
1.24.020 Administrative citation.
Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall will have the authority to issue an administrative citation to any person responsible for the violation. An administrative citation shall may not be issued unless all of the following have occurred:
A. Prior written notice has been provided by the enforcement officer by: (1) personal service; or (2) by first class mail and posting a copy on the subject property; or by first class mail and certified mail. Such notice shall will state the violation of this code, the violation location, the person(s) responsible, an order to correct or otherwise remedy the violation by a date no less than three business days from the date of the notice, and a warning that failure to timely comply with the order will result in the issuance of an administrative citation.
B. A report has been prepared by the enforcement officer detailing the instance or instances of the violation(s) of this code, including such information as photographic evidence, a chronological account of inspections made, identification of conditions noted, and witness statements, if any, all of which support the issuance of an administrative citation.
C. Notwithstanding subsections A and B of this section, an enforcement officer shallwill have the authority to issue an administrative citation to any person responsible for a violation without providing the prior written notice required in subsection A or preparing the report required in subsection B when:
5 1. The violation requires immediate correction, due to an immediate danger to public health or safety; or
2. The person responsible for the violation has been given prior oral or written warning or a citation for a violation of the same section of the Brentwood Municipal Code within one year of the date of the new violation; or
3. The violation is a transient, non-ongoing violation where a prior written warning is not possible or practicable..
In instances where an enforcement officer uses the authority provided in this subsection, the officer should prepare a report pursuant to subsection B within three business days of issuing an administrative citation.
D. Each administrative citation shall must contain the following information:
1. The date of the violation(s);
2. The address or a definite description of the location where the violation(s) occurred;
3. The section of this code violated and a description of the violation(s);
4. The amount of the fine for the codeeach violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine shallwill be paid;
6. An order prohibiting the continuation or repeated occurrence of the code violation(s) described in the administrative citation;
7. A description of the administrative citation review process, including the requirement that of a written notice of appeal form be submitted, stating, among other things, the grounds upon which the administrative citation was alleged to have been issued in error;, the time within which the administrative citation may be appealed;, and the name and email, web, or physical address to where the such an appeal form may be deliveredof the city clerk to whom shall be delivered any such appeal;
8. A statement that judicial review of decisions upon an appeal hearing on the citation, must occur within the twenty-day timeframe set forth in Government Code Section 53069.4(b); and
98. The name and signature of the citing enforcement officer.
E. Administrative citations may include multiple violations, with each violation constituting a separate offense with separate fine amounts.
F. An administrative citation must substantially comply with the content requirements in subsection D of this section, the purpose of which is to provide fair notice of a violation, with the goal of securing code compliance. The City’s failure to comply strictly with these requirements is not a basis to overturn an administrative citation.
1.24.030 Amount of fines.
6 A. The amounts of the fines for code violations imposed pursuant to this chapter shall may be set forth in the schedule of fines established by resolution of the city council, which may be amended from time to time.
B. The schedule of fines may specify any increased fines for repeat violations of the same code provision by the same person within a specified monthly period from the date of an administrative citation.
C. The schedule of fines shall may specify the amount of any late payment charges imposed for the payment of a fine after its due date.
1.24.040 Payment of the fine.
A. The fine shall must be paid to the city within thirty days from the date of the administrative citation.
B. Any administrative citation fine paid pursuant to subsection A, shallwill be refunded in accordance with Section 1.24.090(D) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
C. Payment of a fine under this chapter shall does not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
1.24.050 Hearing request.
A. Enforcement Officer Hearing Request.
1. Within thirty days of issuance of an administrative citation, an enforcement officer, with the concurrence of his or her department director, may request a review by the a hearing officer, if the officer believes the administrative citation, or a portion thereof, was issued in error.
2. After considering information provided by the enforcement officer, the hearing officer will determine if the administrative citation, or a portion thereof, should be voided.
3. The decision of the hearing officer is final.
B. Recipient of Administrative Citation Hearing Request.
1. By completing and submitting a city appeal form, Anya recipient of an administrative citation may contest that there was a violation of the code or that he or she isthey are the responsible party. by submitting a written letter requesting an appeal hearing and stating the specific grounds for the appeal. The appeal form may be obtained from the web or email address on the administrative citation, or from the city clerk. Within seven days from the date of the administrative citation, Tthe letter appeal form shallwill be delivered either sent electronically to the city clerkweb or email address provided on the citationappeal form, or a hard copy delivered to the city clerk at the address on the appeal form. within seven days from the date of the administrative citation, The submitted appeal form will include together with an advance deposit of the fine or a request and supporting documentation for an advance deposit hardship waiver pursuant to Section
1.24.060. In the case of multiple violations listed on a single administrative citation, the recipient may contest any or all of the violations. A failure to file a timely
7 request for hearing is a waiver of the right to appeal the administrative citation and to seek judicial review.
2. The person requesting the hearing shallwill be notified of the time and place set for the hearing at least seven days prior to the date of the hearing. A hearing before the hearing officer must be set for a date that is not less than 15 and not more than 60 days from the date a proper and timely appeal is filed. An appellant may request one continuance of no more than 30 days. Further continuances may be granted at the discretion of the hearing officer and only for good cause.
3. Reports of the enforcement officer concerning the administrative citation, if intended to be submitted to the hearing officer for consideration at the hearing, shallwill be copied and served, pursuant to section 1.24.020, on the person requesting the hearing at least seven days before the date of the hearing.
1.24.060 Advance deposit hardship waiver.
A. Any person who intends to request a hearing to contest that there was a violation of the code or that they arehe or she is the responsible party, and who is financially unable to make the advance deposit of the fine as required in Section
1.24.050(B), may request an advance deposit hardship waiver within seven days from the date of the administrative citation.
B. The request shallwill be sent to the web, email, or physical address provided on the administrative citation and processed by the department of finance and information systems. Once the hardship waiver is submitted, tThe requirement of depositing the full amount of the fine being appealed as described in Section
1.24.050(B) shallwill be stayed, unless or until the director of finance and information systems makes a determination not to issue the advance deposit hardship waiver.
C. The director of finance and information systems may waive the requirement of an advance deposit set forth in Section 1.24.050(B) and issue the advance deposit hardship waiver only if the cited party has submitted a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director of finance and information systems, the person’s actual financial inability hardship into depositing with the city the full amount of the fine in advance of the hearing.
D. If the director of finance and information systems determines not to issue an advance deposit hardship waiver, the person shallwill remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.
E. The director of finance and information systems shallwill issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the director of finance and information systems shallwill be final, and shallwill , pursuant to section
1.24.020, be served upon the person who applied for the advance deposit hardship waiver.
1.24.070 Hearing officer.
The city manager will appoint a hearing officer as set forth in section 1.12.010.
1.24.080 Hearing procedure.
8 A. No hearing to contest an administrative citation, or violations thereon, before a hearing officer shallwill be held unless the fine has been deposited in advance in accordance with Section 1.24.050(B), or an advance deposit hardship waiver has been issued in accordance with Section 1.24.060.
B. The hearing date shallwill be no sooner than seven days from when the notice of the hearing is given to the party contesting the administrative citation, or violations thereon, and the enforcement officer.
C. Hearings are informal, and formal rules of evidence and discovery do not apply. The hearing officer may only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained a violation of the municipal code on the date(s) specified in the administrative citation. At the hearing, the party contesting the administrative citation or violations thereon shallwill be given the opportunity to testify and to present evidence concerning the administrative citation, or violations thereon.
D. Unless a continuance is granted by the hearing officer, tThe failure of any recipient of an administrative citation to appear at the administrative citation hearing shallwill constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
E. The administrative citation and any additional report submitted by the enforcement officer shallwill constitute prima facie evidence of the respective facts contained in those documents. The person requesting a hearing is entitled to a copy of the code enforcement officer’s report to the hearing officer at least seven days before the hearing.
F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
1.24.090 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shallwill, within thirty fourteen days, issue a written decision to uphold or cancel any or all of the administrative citation and/or, if applicable, to suspend or refund all or a portion of the fine(s), and shallwill list in the decision the reasons for that decision. The hearing officer may suspend to facilitate compliance, reduce, or refund the amount of the fine(s) based on these factors: duration of the violation, frequency and number of violations, seriousness of the offense, good faith efforts to comply, impact on the community, and such other factors that are just. The hearing officer will have mailed a copy of the written decision to the person who requested the hearing. The decision of the hearing officer is final, with no further administrative right of appeal to any city employee, city official, city appointed body, or the city council.
B. If the hearing officer determines that the administrative citation, or any violations thereon, should be upheld, then the applicable fine amount on deposit with the city shallwill be retained by the city, unless the hearing officer, in his or her decision, refunds, reduces, or suspends all or a portion of the payment of the fine.
Those portions not refunded, reduced, or suspended in which case, the portion not suspended shallwill be retained by the city.
C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit
9 hardship waiver, the hearing officer shallwill set forth in the decision a payment schedule for the fine, unless the hearing officer, in his or her decision, suspends all or a portion of the payment of the fine, in which case the portion not suspended shallwill be subject to a payment schedule.
D. If the hearing officer determines that the administrative citation or any violations thereon should be canceled and the fine was deposited with the city, the city shallwill promptly refund the amount of the deposited fine for the cancelled administrative citation, or any violations thereon.
E. Upon issuance, Tthe recipient of the administrative citation shallwill be served withsent a copy of the hearing officer’s written decision by U.S. mailpursuant to section 1.24.120 upon issuance.
F. To the extent applicable, the employment, performance evaluation, compensation and benefits of the hearing officer shallwill not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
G. Decisions of the hearing officer are final. Any further Llegal action must be commenced in accordance with Government Code Section 53069.4(b) by filing a petition with the Superior Court within 20 days of the date of the mailing of the hearing officer’s decision.
1.24.100 Recoverable costs.
Recoverable costs shallwill include, but not be limited to, the following:
A. Any person who fails to pay to the city any administrative citation costs imposed pursuant to the provisions of this chapter on or before the due date also shallwill be liable for the payment of any applicable late payment charges, administrative costs, cost of compliance re-inspections, and collection costs.
B. In administrative proceedings, the prevailing party is entitled to recover its reasonable attorneys’ fees, but only if the city elects in writing, at the initiation of an administrative proceeding, to seek recovery of its own attorneys’ fees. (Gov’t.
Code §38773.5(c).) In no event shallwill an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the administrative proceedings. The city may recover its attorneys’ fees in the same manner as other costs pursuant to this chapter.
1.24.110 Recovery of administrative citation fine(s) and costs.
A. The procedures set forth in this section for the recovery of administrative citation fine(s) and recoverable costs are adopted under Government Code Section 53069.4, which allows the city council to establish a procedure to govern the collection of administrative fines and recoverable costs.
B. To recover past due administrative citation fine(s) and recoverable costs:
1. The enforcement officer will cause a copy of the administrative citation(s) to be filed with the finance and administrativeinformation systems department for citation fine recovery purposes.
2. An invoice for the administrative citation fine(s) and recoverable costs will be mailed to the property owner and/or responsible party.
10 a. The invoice for property related administrative citations will include notification that if not paid within thirty days of the citation date, a lien and/or assessment on the property may be recorded, or other collection methods employed. b. The invoice for non-property related administrative citations will include notification that if not paid within 30 days of the administrative citation date, the account may be referred to a collection agency, or other collection methods employed.
3. If the property owner and/or responsible party does not pay the non-property related administrative citation fine and recoverable costs within thirty calendar days from the administrative citation date, the account may be forwarded to a collection agency.
4. If the property owner and/or responsible party does not pay a property related administrative citation fine and recoverable costs within thirty calendar days from the administrative citation date, the director of finance and administrative information systems may authorize that a lien on the property be recorded.
5. If the property related administrative citation fine and recoverable costs remains unpaid after 30 days from the administrative citation date, the director of finance and administrativeinformation systems may authorize a special assessment upon the respective parcels of land as they are shown on the last equalized assessment roll or the supplemental roll, whichever is more current.
6. The assessment shallwill continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment.
7. The county assessor shallis to enter each assessment on the county tax roll upon the parcel of land. The assessment shallis to be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shallwill be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shallwill be applicable to the special assessment.
However, if any real property to which the administrative citation and recoverable costs relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the administrative citation and recoverable costs shallwill not result in a lien against the real property but instead shallwill be transferred to the unsecured roll for collection. The tax collector’s power of sale shallwill not be affected by the failure of the property owner to receive notice.
C. On behalf of the city, the city manager or designee may collect any administrative citation fines and recoverable costs by use of all available legal means, and the choice of one remedy does not affect the city’s ability to use alternative remedies.
D. The city will not collect the citation fine(s) and recoverable costs more than once.
1.24.120 Notices.
A. The administrative citation shallwill, at a minimum, be served on the responsible person by one of the following: (1) personal service; or (2) by first class
11 mail and posting a copy of the subject property; or (3) first class mail and certified mail. Unless the parties otherwise agree to an alternate means, Aall other notices shallwill be served as noted in this chapter, or if not provided herein, by personal service or by U.S. mail.
B. Failure to receive any notice, besides the administrative citation, specified in this chapter does not affect the validity of proceedings conducted hereunder.
Service is deemed effective on the date it is personally delivered, deposited in the mail, or otherwise sent.
1.24.130 Cost of administrative citation a personal obligation.
Along with placing a lien or assessment upon the real property pursuant to the procedures set forth in this chapter, the city may make all fines and recoverable costs the personal obligation of the property owner, tenant or other person creating, causing, committing, or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specifically related to liens and assessments.”
CITY COUNCIL AGENDA ITEM NO. E.12
11/14/2023
SUBJECT: Approval of Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates.
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Parks Maintenance Manager
TITLE/RECOMMENDATION
Staff recommends that City Council adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates for a two-year term from January 1, 2024 to December 31, 2025, in the amount of $9,068,134.15, plus funding authorization of 15% for additional work in the amount of $1,360,220.13, for a total authorized not to exceed contract amount of $22,564,857.98 (for the 5-year contract term that began in January of 2021), and authorize the City Manager or designee to approve necessary documents for the additional work and extensions, if appropriate.
FISCAL IMPACT
The fiscal impact for Amendment No. 4 to the Contract for Landscape Maintenance Services for Parks, LLADs, and “R” Areas with Terracare Associates is $9,068,134.15 plus funding authorization of 15% for unanticipated additional work in the amount of $1,360,220.13, for a total spending authorization amount of $22,564,857.98 (for the 5-year contract term that began in January of 2021).
The annual landscape maintenance services provided by this contract amendment for a two-year term from January 1, 2024 to December 31, 2025 will be funded by the Citywide Park Assessment District ($3,823,445.06), the Lighting and Landscape Assessment Districts (LLADs) ($4,161,014.12), and the General Fund ($1,083,674.97). The unanticipated additional landscape services authorized by this amendment ($1,360,220.13) will be funded by the location serviced. The FY 2023/24 portion of the contract is included in the adopted 2023/24 Operating Budget and the budget for the remaining portion of this contract will be requested in the 2024/25 – 2025/26 Operating Budget.
The total contract amount is broken down as follows:
CITY COUNCIL AGENDA ITEM NO. E.12
11/14/2023
Fiscal Year
Annual
Landscape
Maintenance
Services Contract
Unanticipated
Additional
Services
(15%) Authorized
Total Not to
Exceed
Authorized
Amount
2020/21 (Jan.-June) $1,681,956.50 $252,293.48 $1,934,249.98 2021/22 (July-June)* $3,464,830.39 $519,724.56 $3,984,554.95 2022/23 (July-June)* $3,568,775.30 $535,316.30 $4,104,091.60 2023/24 (July-Dec)* $1,837,919.28 $275,687.89 $2,113,607.17 Subtotal $10,553,481.47 $1,583,022.23 $12,136,503.70
2023/24 (Jan. – June) $2,200,522.74 $330,078.41 $2,530,601.15 2024/25 (July – June)* $4,533,076.84 $679,961.53 $5,213,038.37 2025/26 (July – Dec.)* $2,334,534.57 $350,180.19 $2,684,714.76 Subtotal Amend #4 $9,068,134.15 $1,360,220.13 $10,428,354.28 Grand Total $19,621,615.62 $2,943,242.36 $22,564,857.98 *Includes Not to Exceed estimated CPI of 3%
BACKGROUND
At its regular meeting on November 20, 2020, City Council awarded a Contract for Landscape Maintenance Services – Parks and LLADs to Terracare Associates (“Terracare”) for a three-year term commencing January 1, 2021. In addition, at the same meeting, a Contract for Landscape Maintenance Services – Right-of Way Areas (“R” Areas) was awarded to Del Conte’s Landscaping (“Del Conte”). Each contract was written to include two additional two-year renewal options at the discretion of the City.
Amendment No. 1 to the contract with Terracare was executed in July 2021, allowing the ability to use contingency funds for additional work for FY 2021/22. Amendment No. 2 was executed in July 2022 allowing the ability to use contingency funds for additional work for FY 2022/23, and Amendment No. 3 was executed in June 2023 to allow use of contingency funds for additional work for FY 2023/24.
Terracare has been serving Brentwood by providing high quality landscape maintenance services in parks, LLADs, and right-of-way areas for fifteen (15) years.
The City has been satisfied with the services provided. In addition, Terracare has participated in various community activities involving the City, school districts, and various other local groups at their own time and expense. Terracare has demonstrated a strong dedication to the Brentwood community. Due to Terracare’s consistent high levels of service and responsiveness, staff recommends a two-year extension of the Parks and LLADs contract with Terracare through December 31, 2025.
CITY COUNCIL AGENDA ITEM NO. E.12
11/14/2023
The City has not been satisfied with the current contractor’s performance of the Landscape Maintenance Services for “R” Areas, and thus on September 27, 2023, Parks and Recreation Department staff issued a Request for Proposal (RFP) for these services, with proposals due on October 24, 2023. A total of forty-one (41) companies were notified of the RFP opportunity by U.S. mail or email and provided instructions for obtaining the RFP packet. Additionally, the RFP was also posted on the City’s website.
Three proposals were received, as follows:
Annual Base Bid Amount
Del Conte’s Landscaping $375,270.82
Terracare Associates $496,729.00
New Image Landscaping $803,645.00
As stated in the RFP, the City would award a contract, if at all, in accordance with the selection criteria of the RFP, to a contractor that staff determines offers the best overall value to the City. Based on the proposals received, staff recommends awarding the contract for the “R” Areas to Terracare for a two-year term, with the option to extend for one additional two-year term. Staff has determined that this can be accomplished by amending Terracare’s existing Contract for Landscape Maintenance Services, to include the “R” Areas, effective January 1, 2024.
The term of this amendment (which includes Parks, LLADs, and “R” Areas) is for two years (January 1, 2024 through December 31, 2025) with one, two-year renewable option, if chosen by the City. The total not to exceed amount for Amendment No. 4 (which includes Parks, LLADs, and “R” Areas), is $10,428,354.28. This amount includes an additional 15% to cover unanticipated additional work, such as vandalism, storm related damages, vehicle accident damages, additional accepted areas, and extra work/services that are not currently included in the scope of services.
Effective the following 12-month period (July 1, 2024 – June 30, 2025), and again the 6-month period after that (July 1, 2025 – December 31, 2025), the City will increase the total not to exceed contract amount, using the Consumer Price Index (CPI) – Urban Wage Earners and Clerical Works for the San Francisco – Oakland – Hayward metropolitan area as of April 30th of each year (in no event will the CPI increase exceed 3%, without further Council approval). The amounts in the table in the Fiscal Impact section above reflect a maximum 3% increase, which is already included in the not to exceed total contract amount of $22,564,857.98.
CITY COUNCIL AGENDA ITEM NO. E.12
11/14/2023
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Amendment No. 4 to the Contract for Landscape Maintenance Services
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On November 20, 2020, by Resolution 2020-138, City Council approved and authorized the City Manager or designee to execute a Contract for Landscape Maintenance Services of Parks and Lighting and Landscape Assessment Districts with Terracare Associates for a three-year term commencing January 1, 2021, in the amount of $10,553,481.47 plus a 15% contingency of $1,583,022.23 for a total not to exceed amount of $12,136,503.70 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.
On November 20, 2020, by Resolution 2020-139, City Council approved and authorized the City Manager or designee to execute a Contract for Landscape Maintenance Services of Right-of-Way Areas (“R” Areas) with Del Conte’s Landscaping for a three-year term commencing January 1, 2021, in the amount of $887,331.06 plus a 20% contingency of $177,466.21 for a total not to exceed amount of $1,064,797.27 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.
On June 27, 2023 by Resolution 2023-89, the City Council amended the 2022/23 and 2023/24 Operating Budgets; amended the fund balance commitments in the General Fund and established the Information Systems Supervisor classification and other related actions.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE AMENDMENT NO. 4 TO THE CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES WITH TERRACARE
ASSOCIATES FOR A TWO-YEAR TERM FROM JANUARY 1, 2024 TO
DECEMBER 31, 2025, IN THE AMOUNT OF $9,068,134.15, PLUS FUNDING AUTHORIZATION OF 15% FOR ADDITIONAL SERVICES
IN THE AMOUNT OF $1,360,220.13, FOR A TOTAL AUTHORIZED
NOT TO EXCEED CONTRACT AMOUNT OF $22,564,857.98 (FOR
THE 5-YEAR CONTRACT TERM THAT BEGAN IN JANUARY OF
2021), AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
APPROVE NECESSARY DOCUMENTS FOR THE ADDITIONAL WORK
AND EXTENSIONS, AS APPROPRIATE.
WHEREAS, at its regular meeting on November 20, 2020, City Council awarded a Contract for Landscape Maintenance Services – Parks and LLADs to Terracare Associates (“Terracare”) for a three-year term commencing January 1, 2021; and
WHEREAS, the Contract was written to include two additional two-year renewal options at the discretion of the City; and
WHEREAS, on June 27, 2023, by Resolution 2023-89, City Council adopted the amended 2023/24 Operating Budget; and
WHEREAS, due to Terracare’s consistent high levels of service and responsiveness, staff recommends awarding a two-year extension of the contract through December 31, 2025; and
WHEREAS, as the City has not been satisfied with the current contractor’s performance of the Landscape Maintenance Services for “R” Areas, on September 27, 2023, staff issued a Request for Proposals (RFP) for Landscape Maintenance Services of Right-of-Way (“R” Areas) with responses due on October 24, 2023; and WHEREAS, a total of forty-one (41) companies were notified of the RFP by U.S. mail or email and provided instructions for obtaining the RFP packet, with the RFP also being placed in a downloadable format on the City’s website; and WHEREAS, on October 24, 2023, proposals were received from three (3) companies for the Landscape Maintenance of Right-of-Way Areas; and
WHEREAS, as a result of the proposals received, staff recommends awarding the Contract for Landscape Maintenance Services for the “R” Areas to Terracare for a two-year term, with the option to extend for one additional two-year term and Staff has determined that this can be accomplished by amending Terracare’s existing Contract for Landscape Maintenance Services, to include the “R” Areas, effective January 1, 2024;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood authorizes the City Manager or designee to execute Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates for a twoyear term from January 1, 2024 to December 31, 2025, in the amount of $9,068,134.15, plus funding authorization of 15% for additional services in the amount of $1,360,220.13, for a total authorized not to exceed contract amount of $22,564,857.98 (for the 5-year contract term that began in January of 2021), and authorizes the City Manager or designee to approve necessary documents for the additional work and extensions, as appropriate.
The total contract amount is broken down as follows:
Fiscal Year
Annual
Landscape
Maintenance
Services Contract
Unanticipated
Additional
Services
(15%) Authorized
Total Not to
Exceed
Authorized
Amount
2020/21 (Jan.-June) $1,681,956.50 $252,293.48 $1,934,249.98 2021/22 (July-June)* $3,464,830.39 $519,724.56 $3,984,554.95 2022/23 (July-June)* $3,568,775.30 $535,316.30 $4,104,091.60 2023/24 (July-Dec)* $1,837,919.28 $275,687.89 $2,113,607.17 Subtotal $10,553,481.47 $1,583,022.23 $12,136,503.70
2023/24 (Jan. – June) $2,200,522.74 $330,078.41 $2,530,601.15 2024/25 (July – June)* $4,533,076.84 $679,961.53 $5,213,038.37 2025/26 (July – Dec.)* $2,334,534.57 $350,180.19 $2,684,714.76 Subtotal Amend #4 $9,068,134.15 $1,360,220.13 $10,428,354.28 Grand Total $19,621,615.62 $2,943,242.36 $22,564,857.98 *Includes Not to Exceed estimated CPI of 3%
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on November 14, 2023 by the following vote:
1 City Attorney Approved Version 040821
AMENDMENT NO. 4 TO AMEND CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES – PARKS AND LLADS, AND TO ADD “R” AREAS Terracare Associates
This Amendment No. 4 is entered into as of the ____ day of __________________, 2023, and effective as of January 1, 2024, and amends the contract dated November 10, 2020 (the “Contract”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Terracare Associates, a Limited Liability Company (“Contractor") (collectively, the “Parties”) for landscape maintenance services.
RECITALS
A. On July 8, 2021, the Parties executed Amendment No. 1 to the Contract to increase the compensation by a not to exceed amount of $519,724.56 to cover Additional Work that Contractor performed during Fiscal Year 2021/22; and B. On July 27, 2022, the Parties executed Amendment No. 2 to the Contract to increase the compensation by a not to exceed amount of $535,316.30 to cover Additional Work under the Contract at the request of the City in Fiscal Year 2022/23; and C. On June 5, 2023, the Parties executed Amendment No. 3 to the Contract to increase the compensation by a not to exceed amount of $275,687.89 to cover Additional Work under the Contract at the request of the City in Fiscal Year 2023/24; and D. Contractor has performed the Work to the City’s satisfaction, and the Parties now desire to extend and fund the Contract for an additional two years, as permitted in Section 4.2 of the Contract; and
E. Contractor submitted a cost proposal in response to a Request for Proposal (“RFP”) for Landscape Maintenance of Right-of-Ways (““R” Areas”) that staff issued on September 27, 2023, to perform work outlined in the RFP; and F. The Parties have negotiated and agreed to a revised scope of work and fee schedule to cover the addition of the “R” Areas to the Contract, as well as the two-year extension of the Contract, which is effective as of January 1, 2024 and attached to and incorporated in by this reference, as Exhibit “B” Scope of Work/Cost Proposal Form; and G. On November 14, 2023, City Council adopted a Resolution authorizing the twoyear extension and award of the “R” Areas to Contractor via this Amendment, in the not to exceed amount of $10,428,354.28, which includes funding authorization of 15% to cover unanticipated Additional Work, when requested by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. The September 27, 2023 RFP for the “R” Areas attached as Exhibit “G” to the Amendment, is hereby incorporated into the Contract by this reference.
2. Effective January 1, 2024, Exhibit “B” to the Contract, which describes the Work, is hereby deleted and replaced with the attached Exhibit “B.”
2 City Attorney Approved Version 040821
3. The term of the Contract, as may have been amended from time to time, is hereby extended for a period of two years, ending on December 31, 2025.
4. The total amount of the Contract is hereby increased by a not to exceed amount of $10,428,354.28, broken down as shown in the table below. The amounts for July 2024 – December 2025 include a 3% CPI increase which will only be applicable in accordance with the terms of Section 5 of the Contract.
Fiscal Year
Annual
Landscape
Maintenance
Services Contract
Unanticipated
Additional
Services
(15%) Authorized
Total Not to
Exceed
Authorized
Amount
2023/24 (Jan. – June) $2,200,522.74 $330,078.41 $2,530,601.15 2024/25 (July – June)* $4,533,076.84 $679,961.53 $5,213,038.37 2025/26 (July – Dec.)* $2,334,534.57 $350,180.19 $2,684,714.76 $9,068,134.15 $1,360,220.13 $10,428,354.28
*Includes Not to Exceed estimated CPI of 3%
5. Contractor will only be paid for Additional Work in accordance with the terms of the Contract, including, but not limited to Sections 5.2 and 5.6.
6. Except as amended herein, all other provisions of the Contract, including but not limited to Exhibits A, C, D, E, and F, as may have been amended from time to time, will remain in full force and effect.
7. All requisite insurance policies to be maintained by the Contractor pursuant to the Contract, as may have been amended from time to time, will include coverage for this Amendment.
8. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.
9. Signatures.
9.1 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.
9.2 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. [Signatures on the following page.]
3 City Attorney Approved Version 040821
CONTRACTOR:
By:
Brian Helgoe, CEO/Managing Member
By:
Justin Stewart, Vice President
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Damien Brower, City Attorney
4 City Attorney Approved Version 040821
Exhibit B – Scope of Work/Cost Proposal Form
PARKS
PARK NAME
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
HARDSCAPE/
PLAYGROUND
ANNUAL
COST
Almanor Park 0.11 0.03 0.03 0.05 $1,909.62
Almond Park 1.40 0.70 0.37 0.33 $11,892.83
Alta Park 2.30 0.75 0.45 1.10 $20,764.80
Amber Park 0.30 0.12 0.06 0.12 $4,799.09
Amber Pocket Park 0.10 0.05 0.05 0.00 $6,295.53
Anastasia Park 0.82 0.35 0.10 0.37 $8,721.29
Appaloosa Park 0.94 0.69 0.18 0.07 $11,099.60
Apple Hill Park 5.00 3.90 0.13 0.97 $31,713.69
Apricot Park 0.25 0.15 0.08 0.02 $5,551.05
Arbor View Park 5.00 4.30 0.47 0.23 $38,056.68
Aspen Park 1.26 0.94 0.32 0.00 $15,487.08
Balfour-Guthrie Park 6.00 3.98 0.99 1.03 $39,643.05
Bella Fiore Park 0.29 0.06 0.10 0.13 $3,925.33
Berkshire Park 0.41 0.20 0.01 0.20 $5,551.05
Big Basin Park 1.03 0.60 0.13 0.30 $12,582.29
Black Gold Park 6.00 0.18 5.32 0.50 $15,853.73
Blue Goose Park 5.04 2.39 0.90 1.75 $28,543.44
Brentwood Family Aquatic Complex 7.00 1.31 0.17 5.52 $37,261.01 Brentwood Skate Park 0.50 0.46 0.03 0.01 $7,928.11
Caboose Park 1.00 0.39 0.49 0.12 $10,703.63
Celeste Park 1.69 0.52 0.06 1.11 $6,341.72
Cherry Park 0.44 0.25 0.11 0.08 $7,928.12
City Park 2.50 0.95 1.40 0.15 $45,492.64
Cortona Parks 1.26 0.22 0.72 0.32 $6,607.80
Creekside Park 9.53 5.67 1.22 2.64 $47,571.17
Creekside Trailhead Park 0.40 0.15 0.05 0.20 $6,341.74
Curtis Park 0.14 0.04 0.02 0.08 $3,964.68
Dakota Park 4.32 2.50 1.25 0.57 $38,554.81
Daytona Park 1.19 0.50 0.16 0.53 $9,345.85
Dolphin Park 1.78 1.11 0.16 0.51 $16,019.41
Dragonfly Park 0.55 0.20 0.13 0.22 $4,243.61
Egret Park 1.53 0.75 0.08 0.70 $12,047.69
Fruitwood Park 0.41 0.29 0.12 0.00 $7,134.93
Garin Park 6.35 4.77 0.13 1.45 $34,885.19
Gemini Park 0.76 0.58 0.05 0.13 $7,134.93
Glory Park 1.09 0.79 0.12 0.18 $8,721.29
Golden Poppy Park 0.82 0.12 0.42 0.28 $10,113.52
Rates Effective 01/01/2024
5 City Attorney Approved Version 040821
PARK NAME
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
HARDSCAPE/
PLAYGROUND
ANNUAL
COST
Granville Green Park 1.77 0.63 0.31 0.83 $10,703.63
Heron Park 4.50 2.58 1.25 0.67 $29,335.41
Homecoming Park 2.00 0.31 0.20 1.49 $9,514.49
Hummingbird Park 0.63 0.33 0.15 0.15 $7,080.87
Kaleidoscope Park 0.90 0.20 0.12 0.58 $7,134.94
Kestrel Park 2.71 0.48 1.41 0.82 $15,858.88
King Park 4.85 3.65 0.90 0.30 $49,157.55
Lake Park 1.60 1.24 0.05 0.31 $11,099.61
Lexington Park 0.16 0.07 0.05 0.04 $2,280.94
Live Oak Park 2.38 1.50 0.28 0.60 $36,842.94
Loma Vista Park 5.30 4.49 0.23 0.58 $34,885.19
Magpie Park 1.88 0.75 0.29 0.84 $18,960.00
Mallard Park 1.70 0.70 0.65 0.35 $13,880.12
Marsh Creek Staging Area 0.50 0.00 0.24 0.26 $7,134.93
Marsh Creek Vista Park 0.50 0.07 0.10 0.33 $4,965.21
McClarren Park 3.24 1.94 0.46 0.84 $23,785.59
Meadowhawk Park 0.69 0.26 0.22 0.21 $7,409.32
Medallion Park 0.83 0.38 0.13 0.32 $20,855.22
Mission Grove Park 2.32 1.20 0.85 0.27 $16,936.44
Miwok Park 7.63 6.27 1.22 0.14 $63,427.38
Monarch Park 2.82 0.47 1.49 0.86 $24,205.64
Monte Rosa Park 1.76 1.00 0.66 0.10 $16,809.60
Oak Meadow Park 12.77 8.80 0.92 3.05 $79,284.87
Orchard Park 5.14 4.46 0.19 0.49 $38,849.89
Palmilla Park 2.64 1.65 0.29 0.70 $31,580.30
Palomino Park 0.61 0.52 0.03 0.06 $8,721.29
Peach Park 0.77 0.53 0.15 0.09 $9,514.49
Pelican Park 1.09 0.57 0.18 0.34 $9,264.92
Pioneer Park/Miwok Ave. Entry 2.79 1.25 0.62 0.92 $32,400.00 Pistachio Park 1.07 0.50 0.10 0.47 $10,791.08
Portofino Park 1.00 0.60 0.40 0.00 $14,271.12
Rainbow's End Park 0.76 0.33 0.08 0.35 $7,928.12
Rolling Hills Park 2.05 0.71 0.78 0.56 $11,892.79
Rose Garden Park 2.51 1.85 0.35 0.31 $23,785.59
Sage Glen Park 1.99 1.26 0.27 0.46 $17,443.83
Seedling Park 1.28 0.79 0.29 0.20 $11,099.61
Sparrow Park 0.76 0.48 0.11 0.17 $11,287.13
Spirit Park 1.06 0.40 0.60 0.06 $7,134.93
Steeplechase Park 1.12 0.69 0.21 0.22 $11,892.79
Stonehaven Park 0.15 0.07 0.02 0.06 $4,757.88
Summerset Commons 8.13 0.60 5.69 1.84 $35,799.54
6 City Attorney Approved Version 040821
PARK NAME
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
HARDSCAPE/
PLAYGROUND
ANNUAL
COST
Summerwood Park 4.00 3.22 0.38 0.40 $34,092.01
Sungold Park 1.71 0.90 0.61 0.20 $15,585.16
Sunset Park Athletic Complex 38.00 23.98 3.78 10.24 $212,377.73 Sycamore Park 1.36 0.41 0.63 0.32 $23,668.47
Topaz Park 0.27 0.11 0.10 0.06 $5,551.05
Towhee Park 0.53 0.22 0.21 0.10 $5,601.55
Tulare Park 1.38 0.48 0.62 0.28 $19,341.27
Veterans Park 10.00 5.35 1.34 3.31 $68,793.58
Walnut Park 5.00 4.47 0.35 0.18 $39,324.53
Wheatfield Park 1.34 0.95 0.20 0.19 $13,479.17
Windsor Way Park 0.36 0.06 0.02 0.28 $5,232.53
Yokut Park 1.38 0.88 0.19 0.31 $11,892.80
TOTALS 243.20 136.57 47.55 59.08 $1,855,635.92
7 City Attorney Approved Version 040821
LLADS
LLAD
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
COST
94-1 29.80 6.73 22.56 0.51 $254,261.70
95-2 2.33 0.40 1.93 0.00 $20,891.40
95-5 3.68 0.00 3.60 0.08 $20,675.30
95-6 0.15 0.00 0.15 0.00 $2,248.40
95-7 2.32 0.79 1.53 0.00 $26,368.75
95-8 7.72 0.04 6.43 1.25 $64,617.59
97-1 5.23 0.76 3.80 0.67 $46,205.90
98-3 1.02 0.13 0.89 0.00 $9,139.75
98-4 0.44 0.37 0.07 0.00 $6,595.31
98-5 0.23 0.00 0.23 0.00 $3,321.39
99-3 22.54 3.82 16.31 2.41 $172,057.67
99-4 0.35 0.07 0.09 0.19 $2,791.76
99-5 9.84 2.31 6.78 0.75 $104,120.96
99-6 0.11 0.00 0.11 0.00 $1,717.53
99-7 2.72 0.08 2.61 0.03 $25,107.15
99-8 1.96 0.42 0.92 0.62 $16,044.85
99-9 2.76 0.26 2.30 0.20 $25,558.06
00-2 0.13 0.00 0.12 0.01 $1,861.18
00-3 0.67 0.00 0.65 0.02 $8,225.40
00-4 2.37 0.64 0.72 1.01 $16,113.55
01-1 2.83 2.68 0.06 0.09 $36,005.66
02-2 8.38 2.41 5.96 0.01 $86,879.47
02-3 25.02 12.56 11.06 1.40 $190,885.44
02-4 0.86 0.07 0.79 0.00 $8,169.19
02-5 1.28 0.00 1.06 0.22 $10,310.16
02-6 0.40 0.07 0.24 0.09 $5,319.95
02-7 1.30 0.00 1.00 0.30 $16,894.24
02-9 1.91 0.07 0.04 1.80 $2,298.38
02-11 0.39 0.00 0.28 0.11 $312.29
02-12 0.63 0.30 0.33 0.00 $8,546.43
02-13 0.75 0.37 0.38 0.00 $9,415.81
03-2 29.78 12.74 15.13 1.91 $234,263.43
03-3 1.52 0.00 1.52 0.00 $14,839.43
03-5 2.73 0.39 2.34 0.00 $32,546.74
04-2 0.12 0.00 0.12 0.00 $1,230.38
06-2 5.28 0.02 2.40 2.86 $54,073.38
06-3 20.36 0.00 18.21 2.15 $188,480.96
06-4 1.05 0.00 1.05 0.00 $15,676.36
Rates Effective 01/01/2024
8 City Attorney Approved Version 040821
LLAD
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
COST
06-5 4.89 0.00 4.89 0.00 $119,692.68
11-1 0.65 0.00 0.65 0.00 $5,469.97
14-1 1.58 0.00 1.58 0.00 $4,040.54
14-2 5.16 0.69 4.47 0.00 $43,369.83
15-1 1.05 0.00 1.05 0.00 $10,174.04
15-2 0.18 0.00 0.18 0.00 $1,719.43
16-1 1.26 0.00 1.26 0.00 $15,222.56
16-2 0.93 0.00 0.93 0.00 $8,523.27
17-1 0.10 0.00 0.10 0.00 $954.81
17-2 0.71 0.00 0.71 0.00 $8,024.65
19-1 1.53 0.00 1.53 0.00 $9,548.95
19-2 0.66 0.00 0.66 0.00 $3,335.46
21-1 1.04 0.00 1.04 0.00 $13,348.80
21-2 2.25 0.00 2.25 0.00 $24,868.32
21-3 0.64 0.00 0.64 0.00 $7,104.00
TOTALS 223.59 49.19 155.71 18.69 $2,019,468.61
9 City Attorney Approved Version 040821
RIGHT-OF-WAY AREAS (“R” AREAS)
AREA
# RIGHT-OF-WAY AREA
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
COST
1 Sand Creek Rd. and Fairview Ave. (west
median and south side of Sand Creek From
Fairview to Linden)
1.03 0.00 1.03 0.00 $9,785.00
2 Minnesota (Bristow), Outrigger & Sand Creek 1.43 0.34 0.75 0.34 $10,865.00 3 Sand Creek Rd. (O'Hara to railroad tracks) 2.69 0.00 0.20 2.49 $5,635.00 7 Sand Creek Rd. (Median near Brentwood Blvd) 0.10 0.00 0.10 0.00 $950.00 8 Brentwood Blvd (Applewood Ct. to Lone Tree) 1.60 0.00 1.47 0.13 $14,160.00 9 Brentwood Blvd (Havenwood to Applewood) 3.02 0.02 0.36 2.64 $7,570.00 10 Grant Street & Sunset (EBMUD)
Oleanders to be maintained at 5' height 3.78 3.16 0.62 0.00 $35,910.00 11 Brentwood Blvd (Sand Creek Rd to Nancy St) 0.61 0.00 0.46 0.15 $4,595.00 12 Central Blvd/O'Hara/2nd Street 1.03 0.00 0.35 0.68 $3,716.70 13 Downtown District 1.95 0.00 0.46 1.49 $11,991.47
14 Second Street Medians 0.36 0.00 0.36 0.00 $1,944.68
16 Oak Street and Walnut Blvd (Tree Wells) 0.01 0.00 0.01 0.00 $95.00 17 Balfour Rd and Walnut Blvd 1.39 0.00 0.46 0.93 $5,765.00 17A West side of Walnut Blvd. from McClarren to
Food Maxx 0.16 0.00 0.16 0.00 $1,520.00
18 Balfour (Sound Wall - Harvest Park to Guthrie) 0.25 0.00 0.16 0.09 $1,655.00 19 Balfour Rd and Sellers Ave 3.14 1.88 1.26 0.00 $29,830.00 20 Police Department and CD Building 3.16 0.43 0.73 2.00 $14,020.00 22 Central Blvd - (Between Griffith to North
Estates on north and south sides of the road)
and Duffy Meadows
1.60 0.00 0.25 1.35 $4,400.00
23 Griffith (between Balfour & Dainty) 0.22 0.00 0.22 0.00 $2,090.00 24 Balfour Rd, Griffith Lane & Continente Ave 0.14 0.00 0.04 0.10 $530.00 25 Balfour Median (Griffith to Rosegate) 0.67 0.00 0.67 0.00 $6,365.00 26 Marsh Creek Trail (Between Balfour & Dainty) 0.60 0.58 0.02 0.00 $5,700.00 27 Balfour, Crescent & Claremont (Marsh Creek) 1.55 0.00 1.55 0.00 $14,725.00 28 Dry Creek Area (Balfour, Clearview & Cresent) 1.84 0.08 1.76 0.00 $17,480.00 29 Minnesota Ave. (Balfour to Sand Creek) 1.15 0.00 0.50 0.65 $5,725.00 30 Central Blvd (Between Minnesota & Dainty)
Oleanders to be maintained at 5' height 0.20 0.00 0.20 0.00 $1,900.00 31 Central Blvd and Minnesota Ave 1.04 0.00 1.04 0.00 $9,880.00 32 Deer Creek Channel (San Jose Ave) 1.14 0.00 0.33 0.81 $4,350.00 33 Fairview (Central Blvd to San Jose Ave) 0.72 0.00 0.71 0.01 $6,760.00 34 Central Blvd (East Side of Fairview) 0.14 0.00 0.14 0.00 $1,330.00 35 Central Ave (Apple Hill Median) 0.06 0.04 0.02 0.00 $570.00 36 Fairview (Central Ave to Balfour Rd) 1.07 0.00 1.07 0.00 $10,165.00 37 Balfour (Median between Fairview & Rossano) 0.08 0.00 0.08 0.00 $760.00 38 Fairview (Balfour to Arlington) 0.24 0.00 0.24 0.00 $2,280.00 Rates Effective 01/01/2024
10 City Attorney Approved Version 040821
BREAKDOWN OF MISCELLANEOUS SPRAY SITES (#53 ABOVE)
# LOCATION/DESCRIPTION ACRES
53 (74) Hanson Lane north and southside from 112 Hanson to Marsh Creek 0.67 53 (75) City lot on Heartland Court along Marsh Creek from park to Well #7 0.17 53 (78) 7101 and 7131 Lone Tree Way and section of 7151 Lone Tree Way 0.58 53 (79) Smith Lane east and west side from Lone Tree Way to O'Hara Avenue 0.36 53 (82) New Jeffery Way from Lone Tree Way including median 1.72 53 (84) Heidorn Ranch east side from Home Depot to PG&E yard across the street 0.49 53 (85) City lot behind 870 Kramer Court next to PG&E plant 0.30 53 (88) Cambrian Place north side from Minnesota Avenue to the park 0.15 53 (101) Highway 4 Bypass - Sand Creek Road medians west of Bypass 0.52 53 (121) Shady Willow Lane west side from Empire Avenue to Sand Creek Road 0.70 53 (124) Strathaven Place west side from 1720 Brampton Place to sourth end 0.07 53 (125) Montclair Place east and west side from 1700 Ashbourne Place to south 0.05 53 (149A) Zone II water tanks off of St Andrews Drive 0.25 53 (149B) Zone II water tanks off of Vineyards Subdivision 0.25 53 (176) Empire Avenue shoulder and ditch from Lone Tree Way to City limit 0.27 53 (178) Lone Tree Way from Fairview Avenue to Gann Street subdivision 0.20 53 (181) Lone Tree Way north side from O'Hara Avenue to Anderson Lane and on the southwest corner of Lone Tree and Adams Lane 0.52
53 (182) Lone Tree Way south side from O'Hara Avenue to Tilton Lane 0.29 53 (185) Lone Tree Way south side from Virginia Drive to Brentwood Blvd. 0.25 53 (186) Lone Tree Way north side from Virginia Drive to Brentwood Blvd. 0.98 AREA
# RIGHT-OF-WAY AREA
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
COST
39 Balfour Road from Fairview to Bypass 2.87 0.64 1.36 0.87 $20,305.00 40 Deer Creek Trail in Apple Hill 3.30 0.00 3.30 0.00 $31,350.00 41 Dry Creek (Apple Hill Pathway) 0.19 0.00 0.00 0.19 $285.00 42 Brentwood Blvd (Birch to Armstrong)
Oleanders to be maintained at 5' height 5.98 0.00 1.73 4.25 $22,810.00 43 Arlington (Between Claremont & Cheshire) 0.17 0.00 0.17 0.00 $1,615.00 44 End of Creek Rd (By Bridge to Creekside) 2.75 0.00 2.65 0.10 $25,325.00 45 Walnut Blvd. Water Tower 4.46 0.00 0.02 4.44 $6,850.00 46 American Avenue (4 medians) 1.27 0.00 0.29 0.98 $4,225.00 47A Creek Rd. 7.02 0.00 6.77 0.25 $64,690.00
47B Fairview/Concord Ave. 1.95 0.00 0.00 1.95 $2,925.00 48 American Avenue (2 medians) 1.09 0.00 0.59 0.50 $6,355.00 49 John Muir Ext. (Phase 1) Ventura to Foothill 2.38 0.00 1.45 0.93 $15,170.00 50 John Muir Ext. (Phase 2) Foothill to Briones 1.71 0.00 0.45 1.26 $6,165.00 52 Marsh Creek Trailhead 0.60 0.00 0.60 0.00 $5,700.00
53 Misc Spray Sites (*See Below) 25.33 0.00 0.00 25.33 $45,594.00 TOTALS 99.24 7.17 37.16 54.91 $514,381.85
11 City Attorney Approved Version 040821
53 (187) Lone Tree Way sourth side from Brentwood Blvd to Arroyo Seco Subdivision 0.21 53 (188) Lone Tree Way north side from Brentwood Blvd to east end of Lone Tree Way 0.25 53 (189) Anderson Lane west side from City limit to Lone Tree Way 0.11 53 (190) Anderson Lane east side from City limit to Lone Tree Way 0.36 53 (191) O'Hara Avenue east side from Lone Tree Way to Brentwood Park sub 0.14 53 (192) O'Hara Avenue east side from Lone Tree Way to O'Hara Lane 0.56 53 (193) O'Hara Lane north side from O'Hara Avenue to Smith Lane 0.13 53 (195) Windy Springs Lane west side from Lone Tree Way to Amber Lane and on Lone Tree and Windy Springs Lane 0.37
53 (197) Empire Avenue west side from Lone Tree Way to Amber Lane 0.31 53 (199) Empire Avenue south side from Shady Willow Lane to west end of road 0.23 53 (201) Shady Willow lane west side from Golden Hills Church to Grant Street 0.20 53 (203) Amber Lane north and south side of road from Shady Willow to Jeffrey 0.36 53 (205) Old Sand Creek Road north and south side from Hwy 4 Bypass to Heidorn 0.73 53 (207) Amber Lane north side of road from Empire Ave to Shady Willow 0.19 53 (209) Minnesota Ave east side along RR Tracks 0.69
53 (210) Old Sand Creek Road north side to Helena Way 0.73 53 (211) Fairview Avenue west side from north of Hillsborough Blvd to Fairview Ct 0.43 53 (212) Fairview Avenue west side from Apricot Way to Sand Creek Road 0.13 53 (214) Sand Creek Road north side from Fairview Avenue to apartment complex 0.85 53 (215) Sea Vista Drive 0.01
53 (216) Sand Creek Road south side from Raleys to Hwy 4 Bgypass 0.38 53 (217) Sand Creek Road north side from trail to O'Hara Ave 0.24 53 (219) Old Sand Creek Road from Shady Willow Lane to Bypass 1.61 53 (220) Adams Lane east side from Grant Street to O'Hara Ave 0.31 53 (223) Gracie Lane north side 0.22
53 (224) Lone Oak Road east and west side from Grant Street to Gracie 0.55 53 (231) Homecoming Way north side and east side of Brentwood Blvd from Homecoming to Hansen 0.33
53 (232) Hanson Lane south side 0.12
53 (233) Beverly Place north and south side 0.60
53 (234) Sunrise Drive north and south side 0.55
53 (235) Gregory Lane north, south, east and west sides 0.55 53 (237) Oak Street north side from Yamanaka subdivision Phase 1 to Chestnut 0.11 53 (258) Chestnut Street north side from Oak Street to Sellars Ave 0.18 53 (261) East side of Sellers from Chestnut to the EBMUD canal 0.56 53 (265) Harvest Park north side from Guthrie Lane to Well#13 0.16 53 (266) Harvest Park north side from the church to the bowling alley 0.05 53 (282) Marsh Creek Road in front of John Marsh House 1.42 53 (290) Presidio Drive 0.36
53 (294) Sand Creek/Business Center 0.07
53 (304) Sand Creek Road north and south side from Brentwood Blvd to Milford Court 1.18 TOTAL 25.33
12 City Attorney Approved Version 040821
PUBLIC WORKS AREAS
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
COST
Trees at Corporation Yard 119 Oak and Redwood trees around northwest perimeter of the Corp Yard 1.10 0.00 0.00 1.10 $1,414.07
Solid Waste Transfer Station (at Corporation Yard) 0.42 0.00 0.42 0.00 $2,795.76 Municipal Services Center Landscaping 0.25 0.15 0.10 0.00 $4,608.00 Zone 1.3 Reservoir - 2446 St. Regis Trees/irrigation on hillside surrounding the perimeter fence of water tank 0.60 0.00 0.60 0.00 $1,446.43
Zone 1 Pump Station - 3110 Empire Avenue Area and trees behind the shoulder and ditch line on Empire Avenue 0.13 0.00 0.13 0.00 $479.60
Zone 2.2 Pump Station - Home Depot
Trees surrounding perimeter fence
0.10 0.00 0.10 0.00 $417.89
Booster Pump Station 2.3 - 1290 Fairview Avenue
Trees/irrigation surrounding perimeter fence
0.09 0.00 0.09 0.00 $397.32
TOTALS 2.69 0.15 1.44 1.10 $11,559.07
13 City Attorney Approved Version 040821
RATES AND FEES FOR ADDITIONAL WORK
LABOR HOURLY RATE
Common Labor $60.00
Skilled Technician $85.00
Supervisor $95.00
Emergency / Off Hour Response $125.00
Other (describe):
APPLICABLE EQUIPMENT
Tractor with Implements (spreader, auger, aerator) $55.00 Spray Equipment $25.00
Dump Truck $70.00
Heavy Equipment $70.00
Slit Seeder $45.00
DIRECTED WORK RATES – WEED ABATEMENT
Per Acre Disking $450.00
Per Acre Rough Mowing $450.00
Per Acre Hand Work $1,600.00
Per Acre Herbicide $750.00
MATERIAL MARKUP OVER WHOLESALE
Material Markup Over Wholesale 20%
Rates Effective 01/01/2024
City of Brentwood
REQUEST FOR PROPOSALS
For Landscape Maintenance Of
Right-of-Ways
Date of Issuance: September 27, 2023
Request for Information Deadline: October 12, 2023
Proposal Deadline: October 24, 2023 at 4:00 p.m.
EXHIBIT G
City of Brentwood
Request for Proposals
Page | 2
CITY OF BRENTWOOD
REQUEST FOR PROPOSALS (“RFP”)
The City of Brentwood (“City”) requests proposals (“Proposals”) from qualified firms (individually, a “Respondent” and collectively, “Respondents”) to provide Landscape Maintenance of Rightof-Way Areas (“R” Areas).
1. ABOUT THE CITY
The City is a general law city located in east Contra Costa County, with an estimated population of 66,500. Additional information about the City is available online at https://www.brentwoodca.gov.
2. THE WORK
A. Summary.
The work to be performed consists of the furnishing of all labor, insurance, materials and equipment needed to perform Landscape Maintenance Services for Right-of-Way Areas (“R” Areas), as further described in the corresponding Scope of Work, which is attached and incorporated as “Exhibit B” (the “Work”).
The Landscape Maintenance Contract (“Contract”) is an outcome-based contract measured by the City’s established standards that must be achieved in order to determine compliance and payment (see Exhibit C - Landscape Maintenance Standards (“Exhibit C”), which is attached to and incorporated into this RFP). The Respondent submitting a Proposal is responsible to develop a base bid necessary to maintain the expected outcome standards. The bid is to be presented as what the total cost would be for each site for a 12-month period basis. The City will inspect the work performed against the stated standards in Exhibit C to determine compliance and payment as outlined in Exhibit D - Outcome-Based Contract and Inspection Problem Resolution (“Exhibit C”), which is attached to and incorporated into this RFP. The initial term of the Contract is two (2) years commencing January 1, 2024 and ending December 31, 2025. City may elect to extend the term, at its sole discretion, for one additional two (2) year term. If City elects to extend the term, the compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) – Urban Wage Earners and Clerical Works for the San Francisco – Oakland – Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 3%.
Respondents must submit a Proposal for all components of the Work. The Respondent awarded the Contract will be responsible for all transportation to and from each work site.
Vehicles and transportation will not be provided by the City.
The Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.
This Work is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to
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Request for Proposals
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perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship an similar purposes. Copies of these prevailing rates are available online at http://www.dir.calgov/DLSR and on file at the City.
City may not enter into the Contract with a Respondent without proof that the Respondent and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.
A supervisor shall be immediately available at all times that employees, agents, or subcontractors are working on sites, and must be available twenty-four (24) hours a day via fax, telephone, email, or text, and must demonstrate verbal and written communication skills sufficient for the Work required.
B. Form of Contract. A copy of the City’s standard Contract (“Contract”), is attached and incorporated as “Attachment A.” By submitting a Proposal, the Respondent agrees to enter into the Contract using the attached form with no exceptions to the form of the Contract.
Each Respondent shall thoroughly examine and be familiar with all legal and procedural documents, specifications, and addenda (if any). Submission of a Proposal shall constitute acknowledgment, upon which City may rely, that the Respondent has thoroughly examined and is familiar with the Contract Documents, as defined in the Contract. Failure or neglect of a Respondent to receive or examine any of the Contract Documents shall in no way relieve them of any obligation with respect to its Proposal or to the Contract. No claim for additional compensation will be allowed that is based upon a lack of knowledge of any Contract Documents.
C. Scope of Work. By submitting a Proposal, the Respondent represents that it is fully qualified and available to provide the work set forth in the Scope of Work (also referred to as “Work” or “Exhibit B”) at the price set forth in its Proposal, and that it agrees to provide the Work if it is awarded the Contract, which will attach and incorporate the applicable Scope of Work.
3. REQUEST FOR PROPOSAL PROCEDURES
A. Inspection of Site Locations of Work. Respondents are required to inspect the sites where the Work will occur in order to satisfy itself, by personal examination or by such other means as it may prefer, of the actual conditions of and at the sites (see Exhibit B for site locations). Respondents may request additional information or explanations about the Work, from the City (in accordance with 3.B below), before submitting a Proposal. However, no supplemental information requested or furnished shall vary the terms of the Contract Documents, or affect the Respondent’s sole responsibility to satisfy itself as to the conditions of the site locations where the Work will be performed. No claim for additional compensation will be allowed that is based upon a lack of knowledge of the actual conditions or site locations where the Work will occur.
Submission of a Proposal by a Respondent shall constitute acknowledgment that the Respondent has relied, and is relying on, its own examination of: (a) the site locations of
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Request for Proposals
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the Work; (b) the ability to access the site locations; (c) all other data, matters, and things required for the fulfillment of the Work and, on their own knowledge of existing facilities on and in the vicinity of the site locations of the Work and not on any representation or warranty of the lack of knowledge of the above items.
B. Requests for Information. Questions or objections relating to the RFP, the RFP attachments, the RFP procedures, or the Work may only be submitted via email to Aaron Wanden, Park Maintenance Manager, at [email protected] by 5:00 p.m.
Pacific Daylight Time on Thursday, October 12, 2023 (the “Request for Information Deadline”). Any questions or objections that are not submitted in the manner specified and by the Request for Information Deadline will be deemed waived.
Interpretations, where necessary, will be made by the City in the form of a “City of Brentwood Response to Requests for Information” document that will be sent to all companies that werhttps://www.brentwoodca.gov/government/projects-bids-rfpse notified of the availability of the Request for Proposal documents. The document will also be posted on the City’s website at https://www.brentwoodca.gov/government/projects-bidsrfps. City will not be bound by the oral representations of any City officials, employees, or representatives.
C. Submittal Instructions. Proposals must be received by the City by or before Tuesday, October 24, 2023 at 4:00 p.m., Pacific Daylight Time (“Proposal Deadline”).
Respondent must submit one copy of the Proposal in electronic format (pdf or Word) via email to Aaron Wanden, Park Maintenance Manager at [email protected] with the subject line stating: “Proposal for Landscape Maintenance Services of Right-ofWay Areas” by the Proposal Deadline. Late submissions will be disregarded.
D. Planned RFP Schedule. The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this RFP.
ACTIVITY PLANNED DATES/TIME
RFP Issued September 27, 2023
Request for Information Deadline October 12, 2023 at 5:00 p.m.
Proposal Deadline October 24, 2023 at 4:00 p.m.
Interviews (if requested by City) October 26, 2023
Notice of Selection October 27, 2023
Council Consideration of Award November 14, 2023
Commence Services January 1, 2024
E. Addenda. City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Attachments to this RFP. Addenda will be posted on the City’s website at https://www.brentwoodca.gov/government/projects-bids-rfps. Each Respondent is solely responsible for checking the City’s website for addenda, and for reviewing any and all addenda before submitting its Proposal.
City of Brentwood
Request for Proposals
Page | 5
4. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume.
By submitting a Proposal, the Respondent agrees that the lump sum price and proposed approach to providing the services to the Work, including staffing, constitute a firm offer to enter into the Contract with the City, and that the offer will remain open for 90 days following the Proposal Deadline. Modification to a Proposal already received will be considered only if the modification is received prior to the Proposal Deadline. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original Proposal.
City reserves the right to postpone the date and time for receiving and/or opening Proposals.
Proposal submission requirements:
A. Cover Letter. Provide a brief cover letter that includes all of the following information:
(1) Respondent’s name, address, phone number, and website address; (2) Type of organization (e.g. corporation, partnership, sole proprietorship; and State of formation);
(3) A summary of general information about Respondent and the types of services it provides in relation to the Work required by the City; and (4) Contact information, including name, title, address, phone number, and email, of Respondent’s primary representative for purposes of this RFP. (5) A statement certifying that Respondent has thoroughly examined and is familiar with the Contract Documents.
(6) A statement certifying that Respondent has inspected all site locations where the Work will be conducted.
The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.
B. General Qualifications. Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Work if awarded the Agreement. Describe how and why Respondent is qualified to provide the Work.
C. Experience. Identify services Respondent has provided in the last five years for projects that are similar in scope and nature to the Work described in this RFP, particularly with respect to services provided to other cities or public agencies. For each example, provide: (1) a brief description of the services provided, (2) an explanation of why this experience is relevant to the required Work, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).
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D. Resources and Service Description. Include a comprehensive description of the resources and methodology that will be used to complete each element of the requested services. Special emphasis should be placed on how Respondent company will “partner” with the City to provide innovative approaches and techniques in both the services provided today and in the way it will respond to future needs in this community.
Include how Respondent can build trust into the relationship between Respondent company and the City.
E. Staffing Process.
a. Include a work plan of how you will staff and supervise each area. Include the estimated hours needed to maintain each area, listing each area separately.
Provide a monthly calendar indicating staffing and work strategies throughout all seasons of the year. Discuss how you will adhere to all maintenance schedules.
b. Provide a complete overview of all training programs provided. c. Detail your company’s employee retention program and philosophy. d. List the full or part time status of each employee that will be assigned to this the Work.
e. Describe the designated on-site supervisor’s role in delivery of the Work and availability of on-site supervisor and contingency plans when not available. f. Describe the line staff’s role in the delivery of exceptional service.
F. Liability Issues. Discuss how Respondent company handles damage or theft claims.
G. Logistical Issus. Describe how Respondent company will make available the equipment and supplies (i.e., machinery, signs, cones, chemicals, etc.) needed to perform all Work, including where Respondent will be based and will store equipment.
H. Chemicals. List the chemicals proposed for use in this Contract. Describe how each will be used. Please note that the product “Round Up” is not approved for use by the City. All chemicals used for the Work must be approved by City staff.
I. Equipment. Attach an equipment inventory listing all equipment and vehicles to be used for landscape maintenance.
J. Communication. Describe the systems Respondent company uses to communicate between supervisors and/or office staff and field staff. Also describe the system used to assign, track and evaluate work performed by employees.
K. Technology. Discuss any technology tools used to stay innovative and responsive to the needs of the services provided, and that will allow staff to utilize City systems.
L. Irrigation. Included in the Respondent’s base bid, the Respondent will be responsible for all irrigation repairs starting from the automatic irrigation valve to the end point of each irrigation station. This includes solenoids, lateral irrigation lines, swing joints, sprinklers, bubblers, drip systems, etc., unless repairs are deemed necessary due to
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vandalism or vehicle accident. Describe your company’s strategy for maintaining irrigation systems and preventative measures taken to assure maximum efficiency and water conservation. Discuss experience with Rainmaster Laguna Central Irrigation System or a similar system. Include any strategies used in designating responsibilities of Respondent and owners and how it differed from a non-centrally controlled system.
Please state Respondent’s acknowledgement of the City’s Water Management Program, which is attached and incorporated as “Exhibit E”.
M. Billing and Invoicing. Describe the billing and accounting system, as it will relate to this Contract. Describe the capability to customize invoices to meet the City’s needs.
Attach samples of billing forms and invoices.
N. Reports. Discuss utilization of any computerized maintenance management software utilized to generate management reports and quality assurance methods, including their frequency. Emphasize how Respondent would customize reports for City that will show work accomplished, labor hours, materials consumed, and equipment utilized by site. Attach sample reports.
O. Fertilizer/Pest Control Plan. Submit an annual fertilization and/or weed/pest control plan that would produce a cost effective approach that results in maximum savings to the City while still providing high quality results. This plan is a guide and does not indicate acceptance or approval by the City. Please include the company’s Integrated Pest Management Program.
P. Service Philosophy. Discuss what your company believes to be the most important component of the services you provide and explain why.
Q. Customer Service and Quality Assurance. Discuss the company’s vision of customer service and quality. Describe the steps the company takes to insure that each person’s role in the organization is understood as it relates to exceptional customer service and quality assurance program.
R. Plant Loss. It is one of the Contractor’s prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in water as further described in Exhibit F – Plant Loss (“Exhibit F”) to the Contract.
Please state Respondent’s acknowledgement of the City’s expectations related to Plant Loss as stated in Exhibit F.
S. Proposal Prices. Proposal prices shall include everything necessary for the completion of and fulfillment of the Contract, including but not limited to, furnishing all transportation, materials, equipment, and all management, supervision, permits, labor and services, except as may be provided otherwise in the Contract Documents. The prices should be listed by yearly lump sum by site. The basis of payment shall be on a monthly fixed price basis or as otherwise agreed to in writing by the City. The City reserves the right to negotiate Cost Proposals.
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Work must be paid prevailing wage rates (see Section 2.A. above). Using the Scope of Work/Cost Proposal Form(s) (Exhibit B), provide a lump sum price for the Work that is fully inclusive of all costs to provide the Work, including hourly billing rates, all labor, materials, equipment, supplies, the insurance required under the terms of the Contract, travel fees, and any additional cost(s) the City would incur if Respondent is awarded the Contract. Attach a copy of billing rates that would apply to any authorized Additional Work.
Where there is a conflict between words and figures, the words shall govern and the figures shall be disregarded. Please refer to Exhibit B Scope of Work/Cost Proposal Forms to complete the annual prices for various City facilities.
Respondent agrees to perform the Work for the prices indicated in the Proposal for a period of six (6) months (January 1, 2024 through June 30, 2024). Effective July 1st of each year, City will revise the Contract Price to be effective for the next 12-month period on July 1st of each year. All price increases will be based on Bureau of Labor Statistics – Consumer Price Index – Urban Wage Earners and Clerical Workers for the San Francisco – Oakland – Hayward metropolitan area as of April 30th of each year, but the annual price increase will not exceed 3% CPI.
City also agrees to adjust payments to reflect changes in work quantities and to pay for new work assigned to Respondent at the contract rates then in effect, upon written approval of the Parties. Adjustments to quantities may be requested by either party and is subject to field verification by City.
Respondent further agrees to accept Additional Work (as defined in the Contract) assigned by City during each Contract period at the costs quoted in the Proposal or at adjusted costs for succeeding annual periods. Indicate what the material markup is (over wholesale price) for all work types performed.
The City will only award contract(s) if the cost of the Contract is at or below the approved site funding allotment.
T. Additional Work. City has the authority to direct “Additional Work” including work caused by vandalism, City initiated improvements, and the addition of new sites.
Additional work outside the Scope of Work will require written approval from City prior to the commencement of work. Costs for additional work completed by the Contractor prior to receiving written approval from the City shall be the responsibility of the Contractor.
U. Taxes. Proposal prices shall include all applicable federal, state, and local taxes.
5. EVALUATION
The factors that the City will consider in evaluating Proposals are as follows:
• Cover letter 1-20 points
• General qualifications 1-20 points
• Relevant experience and References 1-20 points
• Pricing (as provided on Cost Proposal Form Ex. B) 1-20 points • Responses to 4.D – 4.R. above 1-20 points
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6. SELECTION AND AWARD
A. Review. Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in Section 5, above. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. Acting in its sole discretion, the City may elect to conduct interviews with shortlisted Respondents. If interviews occur, they may be conducted via electronic methods including teleconference and/or videoconference. Interviews are not public meetings as defined by California open meeting laws (the Brown Act).
The City will evaluate and rank Proposals based on selection criteria. Any Proposal may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a Proposal may be waived. Waiver of an irregularity shall in no way modify the Request for Proposals nor affect recommendation for award of the Contract.
B. Award. City staff will recommend award of the Contract, if at all, to the Respondent that is/are determined by the staff to offer the best value to the City based on the City’s review, as outlined above. City staff will submit its recommendation(s) to the City Council or the awarding officer, as applicable, for award of the Contract to the Respondent that it determines to offer the best value. The Respondent will be notified of staff’s intended recommendation by a Notice of Selection which will be posted on the City’s website at https://www.brentwoodca.gov, and which may also be emailed to each Respondent that submits a Proposal. The City Council will award the Contract, if at all, to the Respondent that is determined by the City Council, acting in its sole discretion, to offer the best value to the City.
C. Protest Procedures. Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the Notice of Selection. The protest must be submitted in writing via email to Aaron Wanden, Park Maintenance Manager at [email protected]; and must clearly specify the basis for the protest. The protest will be reviewed by Bruce Mulder, Director of Parks and Recreation in consultation with the City Attorney’s Office, and the Director’s determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of the Contract and commencement of the Work notwithstanding any pending protest or legal challenge.
7. MISCELLANEOUS
A. Disclaimers and Reservation of Rights. Upon receipt, each Proposal becomes the sole property of City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Work at any time, or to decline to award the Contract to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false or misleading information, or material omissions, and any Proposals from Respondents who have previously failed to perform properly or to complete contracts of any nature on time.
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B. Conflict of Interest. Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Work to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities. In accordance with Government Code Section 1090, Respondents who have participated in preliminary discussions, negotiations, reasoning, planning, and/or drawing of plans and specifications for previous agreements related to the same scope of work, will be excluded from consideration for the award of the Contract. City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.
C. Public Records. The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”), and each Proposal submitted to the City is subject to disclosure as a public record, unless the Proposal or any portion thereof is exempt under the Act. If a Respondent believes that any portion of its Proposal is exempt from disclosure under the Act, it must clearly identify the portion(s) it believes to be exempt and identify the basis for the exemption. Each Respondent bears the burden of proving any claimed exemption under the Act, and by submitting a Proposal, a Respondent agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the Proposal or any portions thereof.
Attachments:
Contract with Exhibits A-F
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CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
OF RIGHT-OF-WAY AREAS (“R” AREAS)
This Contract for Landscape Maintenance Services of Right-Of-Way Areas ("Contract") is made this _____ day of , 2023 by and between the City of Brentwood ("City") and ________________________________, a _________________ (“Contractor") (Each a “Party” and collectively, “Parties”).
The parties agree as follows:
1. Award of Contract. In response to the Request for Proposal (“RFP”) dated September 27, 2023, Contractor has submitted a Cost Proposal to perform the Work outlined in the RFP and as more explicitly described in Exhibit B – Scope of Work/Cost Proposal Form to this Contract (“Work”). On November 14, 2023, the Brentwood City Council authorized award of this Contract to Contractor for the amount set forth in Section 5, below.
2. Contract Documents. The “Contract Documents” incorporated into this Contract include and are comprised of all of the documents listed below.
2.1 Contract
2.2 Exhibit A - Request for Proposals;
2.3 Exhibit B - Scope of Work/Cost Proposal Form
2.4 Exhibit C - City of Brentwood Park Maintenance Standards
2.5 Exhibit D – Outcome-Based Contract and Inspection Problem Resolution Process
2.6 Exhibit E – Water Management Program
2.7 Exhibit F – Plant Loss
3. Scope of Work.
3.1 City retains Contractor to perform, and Contractor agrees to provide, all necessary management, supervision, labor, materials, tools, supplies, equipment, plants, services, and testing necessary or incidental to perform and complete the Work described in this Contract and Exhibit “B”.
3.2 The Work shall be performed in accordance with all requirements of the Contract Documents. Where there is a conflict between the requirements of the various Contract Documents, the more stringent requirement shall govern.
3.3 Without limiting the foregoing description or the details described in Exhibit B, Contractor’s scope of work includes, but is not limited to, the following:
3.3.1 Provide labor, material and equipment required for the Work.
3.3.2 Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals as requested by City.
3.3.3 Obtain all necessary permits and approvals for the Work.
3.3.4 Protect all materials to be used in the Work in accordance with the Standards in Exhibit C as well as all local codes, and state and federal laws.
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3.3.5 Protect existing facilities and real property.
3.3.6 Prepare and submit a written monthly activity report to City for each day on which Work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the10th day of the following month.
3.3.7 Unload, hoist and otherwise handle Contractor's own materials, supplies and equipment.
3.3.8 Coordinate with Park Maintenance Manager for any City-scheduled events.
3.3.9 Provide suitable and adequate sanitary conveniences that conform with local, State, and Federal regulations at suitable locations for the use of Contractor's employees and its subcontractors.
3.3.10 Contractor will remove all debris, unused materials or equipment resulting from performance of the Work, no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from monies due or to become due to the Contractor.
3.4 Contractor shall perform the Work with due care, in accordance with generally accepted practices for landscape maintenance services and the scope of Contractor's obligations under this Contract.
3.5 Additional Work. City has the authority to direct additional work to be performed under the Contract, including work caused by vandalism, City initiated improvements, and the addition of new sites (hereinafter collectively referred to as “Additional Work”). Any Additional Work performed outside the Scope of Work requires written approval from the City prior to the commencement of the Additional Work. Costs for Additional Work that is completed by the Contractor prior to receiving written approval from the City shall be the responsibility of the Contractor.
4 Term.
4.1 Unless earlier terminated, the term of this Contract will commence on January 1, 2024 and will expire on December 31, 2025 (“Term”). Time is of the essence in the performance of this Contract. Contractor shall continue performance of the Work without interruption.
4.2 The City Manager may amend the Contract to extend it for up to one additional two-year period or parts thereof. Any extension will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council.
The Parties will prepare a written amendment indicating the effective date and length of the extended Contract. If City elects to extend the Term, the compensation payable to Contractor will be adjusted in accordance with Section 5 below. Any Compensation increase for the annual extensions periods that exceed 3% CPI, will be approved by the City Council.
5 Compensation.
5.1 City agrees to pay, and Contractor agrees to accept, for full performance of the Work, the prices for landscape maintenance services set forth in the Contract Documents.
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The total amount paid to Contractor for the Term of the Contract shall not exceed _________________ ($__________) (the “Contract Price”) subject to adjustments for changes in the Work as may be agreed to in writing by the Parties.
City will revise the Contract Price effective for the following 12-month period on July 1st of each year starting July 1, 2024. All price increases will be adjusted by the increase in the Consumer Price Index (CPI) – Urban Wage Earners and Clerical Works for the San Francisco – Oakland – Hayward metropolitan area as of April 30th of each year, but the annual price increase will not exceed 3% of CPI. Revisions to the Contract Price during the Term of this Contract due to an increase in CPI will not require a written amendment or change order unless the annual extensions periods exceed the 3% maximum allowed under 4.2 above.
The Contract Price is broken down as follows which includes a not to exceed 3% estimated CPI amount starting each July 1st:
FY 2023/24 $________ (January 1, 2024 – June 30, 2024)
FY 2024/25 $________ (July 1, 2024 – June 30, 2025)
FY 2025/26 $________ (July 1, 2025 – December 31, 2025)
5.2 Contractor will submit written payment applications for progress payments in a form satisfactory to City on or before the first day of each month on account of routine landscape maintenance services and Additional Work provided during the preceding month. For routine landscape maintenance services, the payment applications shall be based on the tasks satisfactorily completed. For Additional Work authorized in accordance with Section 3.5 above, the payment applications shall identify each person performing Work, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in the Cost Proposal Form.
5.3 Within thirty (30) days after receipt of each payment application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Contractor in an amount equal to the amount of such application, as verified or corrected by City. No payment made under this Contract shall be construed as evidence of acceptance of any part of the Work. City reserves the right to withhold payment from Contractor on account of Work not performed satisfactorily, delays in Contractor's performance of Work, or other defaults hereunder.
City shall promptly notify Contractor of any invoiced amounts that City disputes, and City and Contractor shall work to promptly resolve any such disputes. Contractor shall not stop or delay performance of Work under this Contract on account of payment disputes with City.
5.4 Payment to Contractor shall be considered as full compensation of all labor, supervision, materials, supplies, and equipment used in carrying out the Work. Contractor shall pay all taxes, including sales, use and income taxes, incurred in connection with performance of the Work.
5.5 City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to:
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5.5.1 Require Contractor to correct such work or billings; or
5.5.2 Seek any other legal remedy.
5.6 Should work be requested by City or proposed by Contractor that is beyond the Work described in the Contract Documents, the Contractor shall provide a written request for consideration of Additional Work to the City. Contractor shall not provide Additional Work until Contractor has received written approval from the City to perform the Additional Work. Should the Contractor elect to proceed prior to receiving written approval by the City for Additional Work, the Contractor does so at Contractor’s own risk. In no event shall City pay for Additional Work made necessary by Contractor's errors or oversights. The City will pay for approved Additional Work at the rates set forth in this Contract.
5.7 Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in a form satisfactory to City, prior to receipt of any payment.
6 Entire Agreement. This Contract and the Contract Documents incorporated into 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 non-material amendments to this Contract. Neither this Contract nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by the Parties. 7 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. 8 Warranty of Fitness. Contractor warrants that all materials, supplies and products furnished meet the requirements and conditions of the Contract Documents and are fit for the purpose intended.
9 Licensing. Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826, as that address may be changed from time to time.
10 Prevailing Wages – Labor Code Compliance.
10.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.
10.2 DIR Registration. City may not enter into the Contract with a contractor without proof that the Contractor and its subcontractors are registered with the California
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Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.
10.3 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR.
10.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
10.5 Contractor and subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
10.5.1 The information contained in the payroll record is true and correct; and
10.5.2 Contractor or the subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
10.5.3 Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
10.5.4 Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or its subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten-day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion of a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
10.6 Labor Compliance. Pursuant to Labor Code § 1771.4, this Contract is subject to compliance monitoring and enforcement by the DIR.
11 Workers Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’
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compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
12 Changes in Work.
12.1 City may, from time to time, request changes to this Contract or the Work. Such requests shall be made in writing by the City's Park Maintenance Manager, and shall describe in detail the proposed additions, deletions, or modifications to the Work.
Contractor shall respond to such request in writing, with a statement of the costs, expenses and time required to perform the requested work. Neither the City's request nor the Contractor's response shall constitute a modification of this Contract. Any modification shall be contained in a written amendment or change order to this Contract signed by authorized representatives of the Parties. City's execution of the amendment shall constitute authorization to proceed with the changed work.
12.2 Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction.
12.3 If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
12.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices in Contractor's bid or proposal or this Contract to the quantities involved in the changed work;
12.3.2 By establishment of new unit prices and related quantities for the changed work;
12.3.3 By a combination of existing and new unit prices and related quantities for the changed work; or
12.3.4 By mutual acceptance of a lump sum.
13 Claims. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work. A problem resolution process is set forth in Exhibit D - Outcome-Based Contract and Inspection Problem Resolution Process. 14 Inspection of Work. Contractor will make the Work accessible at all reasonable times for inspection by the City.
15 Assignment and Subcontractors.
15.1 Any subletting or assignment of the Contract, by operation of law or otherwise, without the prior written consent of City will be void. No subcontractor who is ineligible to bid on work, or be awarded a public works project under Labor Code Sections 1771.1 or
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1777.7 can bid on, be awarded or perform work as a subcontractor on the Project.
Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
15.2 No subcontractors will be recognized as such, and all persons engaged in the Work will be considered employees of the Contractor, who will be held responsible for their Work pursuant to the provisions of the Contract Documents.
15.3 When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor will be removed immediately at the request of the City and will not again be employed on the Work. 16 Termination and Suspension.
16.1 Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City or failure to pay its creditors, City may terminate this Contract for default. Following a termination for default, City will have the right to take whatever steps it deems necessary to correct any deficient element of the Work and charge the cost to Contractor, who will be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
16.2 City may at any time terminate the Contract at City's convenience upon thirty (30) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which cost shall be documented to City’s satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
16.3 If City terminates Contractor for default, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under Section 16.2, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
16.4 City may, in writing, order Contractor to suspend all or any part of the Contractor's Work for the City's convenience or an account of events beyond City's control.
16.5 The performance of Work under the Contract may be terminated by City, in its discretion, if Contractor encounters an unavoidable delay in completing the Work due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents.
Grounds for unavoidable delay may include fire, natural disasters including earthquake or
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unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, or unforeseeable site conditions.
17 Hold Harmless And Indemnification. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.
18 Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until the effective date of termination of the Contract, Contractor bears all risks of injury or damage to the Work and the materials and equipment used at any worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft.
19 Insurance.
19.1 Contractor will obtain and maintain, at its cost and expense, policies of commercial general liability insurance, automobile liability insurance, workers' compensation and employers liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A:VII in an amount of not less than one million dollars ($1,000,000) each, except for commercial general liability and worker’s compensation, unless otherwise authorized and approved by the Risk Manager or the City Manager in consultation with the City Attorney. Commercial general liability will be set at two million dollars ($2,000,000) and worker’s compensation limits will be set at those limits required by the California Labor Code and Employer’s Liability Limits of $1,000,000 per accident for bodily injury. Contractor will obtain occurrence coverage and must include coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in the
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performance of the Work. The required insurance must cover the activities of Contractor and its subcontractors relating to or arising from the performance of the Work.
19.2 The insurance will be in force during the life of this Contract and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City, its officers, agents, volunteers and employees will be named as additional insureds on commercial general and automobile liability insurance. Contractor’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by the City will be in excess of Contractor’s insurance and not contributory with it. Contractor will furnish certificates of insurance for all policies, and endorsements for commercial general liability policies, to City prior to City’s execution of this Contract. The policies shall contain a waiver of subrogation for the benefit of City.
19.3 Subcontractors. Contractor must ensure that each subcontractor is required to maintain the same insurance coverage required under this Section, with respect to its performance of the Work, including those requirements related to the additional insureds and waiver of subrogation. A subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each subcontractor has complied with these insurance requirements before the subcontractor is permitted to begin any Work. Upon request by the City, Contractor must provide certificates and endorsements submitted by each subcontractor to prove compliance with this requirement. The insurance requirements for subcontractors do not replace or limit the Contractor’s insurance obligations.
20 General Compliance with Laws.
20.1 Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Work by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Work with all applicable laws, ordinances and regulations.
20.2 Contractor shall at all times observe and comply with, and shall cause all of its agents employees, and subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work and shall protect and indemnify the City, and all officers and employees thereof against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree by Contractor, its agents, employees, or subcontractors. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the City in writing.
20.3 Upon City’s request, Contractor shall promptly furnish verification that its employees have legal rights to work in the United States of America and in the State of California.
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20.4 Discrimination. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.
21 Notices. Any notices relating to this Contract 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, with postage prepaid, addressed as follows:
For City: Contractor:
Name: Aaron Wanden Name:
Address: 150 City Park Way Title:
Brentwood, CA 94513 Address:
Phone No.: (925) 516-5444 Phone No.:
Facsimile No.: (925) 516-5447 Facsimile No:
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. 22 Differing Site Conditions.
22.1 The Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
22.1.1 Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing laws;
22.1.2 Subsurface or latent physical conditions at a Work site differing materially from those indicated in the Contract Documents or made available to Respondents prior to the deadline to submit proposals, or
22.1.3 Unknown physical conditions at the Work site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
22.2 The City will promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, City will issue a change order.
22.3 In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
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increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor will not be excused from completing the Work, but must proceed with all Work to be performed under the Contract. The Contractor will retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests between Contractor and City.
23 Business License. Consultant will obtain and maintain a City of Brentwood Business License for the term of the Contract, as it may be amended from time to time. 24 Records and Audits.
24.1 Contractor and its subcontractors will maintain complete and accurate records relating to the Work and its costs under this Contract in any form, including paper documents, photos, videos, and electronic records. All records will be clearly identifiable.
Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.
24.2 Contractor 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 Contract. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Contract during the Contract Term and for a period of four (4) years from the date of final payment under this Contract. 25 Independent Contractor. By entering into this Contract, Contractor certifies that it is an independent contractor and Contractor will have control of the Work and the means and methods by which it is performed. Contractor, its employees, and its subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
26 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
27 Governing Law/Venue. This Contract shall be governed by the laws of the State of California. Any litigation regarding this Contract or its contents shall be filed in the County of Contra Costa, if in state court, or in the federal court assigned to Contra Costa County, if in federal court.
28 Signatures.
28.1 Counterparts. This Contract may be signed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which together constitute one and the same instrument.
28.2 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with
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Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically. 29 Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
30 Remedies Not Exclusive. Except as provided in Sections 16.2 and 16.3, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
31 Successors and Assigns. It is mutually understood and agreed that this Contract will be binding upon the Parties and their respective successors. Neither this Contract nor any part of it nor any monies due or to become due under it may be assigned by Contract without the prior written consent of City, which will not be unreasonably withheld. 32 Section Headings. Section headings as used in this Contract 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.
33 No Waiver of Default. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Contract 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 Contract 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 Contract or any applicable law. [The Remainder of this Page is Intentionally Left Blank]
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34 Authority. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract.
IN WITNESS WHEREOF, the City and Contractor have executed this Contract as of the date first above written.
CONTRACTOR:
* By:
Printed Name:
Title:
** By:
Printed Name:
Title:
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Damien Brower, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Contract must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
If an LLC:
• The Contract must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.
If a partnership:
• The Contract must be signed by the Managing Partner or the Partner authorized to execute agreements of this type. Additional documentation, such as the partnership agreement, confirming this signature authority may be required.
If a sole proprietorship:
• The Contract must be signed by the owner.
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Exhibit A – Request for Proposals
[Intentionally Left Blank for the Purposes of the RFP.
However, the RFP will be incorporated into the Contract when it is awarded]
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RIGHT-OF-WAYS (“R” AREAS)
EXHIBIT B - SCOPE OF WORK/COST PROPOSAL FORM
AREA
# RIGHT-OF-WAY AREA
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
BASE BID
1 Sand Creek Rd. and Fairview Ave. (west
median and south side of Sand Creek From
Fairview to Linden)
1.03 0.00 1.03 0.00
2 Minnesota (Bristow), Outrigger & Sand Creek 1.43 0.34 0.75 0.34 3 Sand Creek Rd. (O'Hara to railroad tracks) 2.69 0.00 0.20 2.49 7 Sand Creek Rd. (Median near Brentwood Blvd) 0.10 0.00 0.10 0.00 8 Brentwood Blvd (Applewood Ct. to Lone Tree) 1.60 0.00 1.47 0.13 9 Brentwood Blvd (Havenwood to Applewood) 3.02 0.02 0.36 2.64 10 Grant Street & Sunset (EBMUD)
Oleanders to be maintained at 5' height 3.78 3.16 0.62 0.00 11 Brentwood Blvd (Sand Creek Rd to Nancy St) 0.61 0.00 0.46 0.15 16 Oak Street and Walnut Blvd (Tree Wells) 0.01 0.00 0.01 0.00 17 Balfour Rd and Walnut Blvd 1.39 0.00 0.46 0.93
17A West side of Walnut Blvd. from McClarren to
Food Maxx 0.16 0.00 0.16 0.00
18 Balfour (Sound Wall - Harvest Park to Guthrie) 0.25 0.00 0.16 0.09 19 Balfour Rd and Sellers Ave 3.14 1.88 1.26 0.00
20 Police Department and CD Building 3.16 0.43 0.73 2.00 22 Central Blvd - (Between Griffith to North
Estates on north and south sides of the road)
and Duffy Meadows
1.60 0.00 0.25 1.35
23 Griffith (between Balfour & Dainty) 0.22 0.00 0.22 0.00 24 Balfour Rd, Griffith Lane & Continente Ave 0.14 0.00 0.04 0.10 25 Balfour Median (Griffith to Rosegate) 0.67 0.00 0.67 0.00 26 Marsh Creek Trail (Between Balfour & Dainty) 0.60 0.58 0.02 0.00 27 Balfour, Crescent & Claremont (Marsh Creek) 1.55 0.00 1.55 0.00 28 Dry Creek Area (Balfour, Clearview & Cresent) 1.84 0.08 1.76 0.00 29 Minnesota Ave. (Balfour to Sand Creek) 1.15 0.00 0.50 0.65 30 Central Blvd (Between Minnesota & Dainty)
Oleanders to be maintained at 5' height 0.20 0.00 0.20 0.00 31 Central Blvd and Minnesota Ave 1.04 0.00 1.04 0.00
32 Deer Creek Channel (San Jose Ave) 1.14 0.00 0.33 0.81 33 Fairview (Central Blvd to San Jose Ave) 0.72 0.00 0.71 0.01 34 Central Blvd (East Side of Fairview) 0.14 0.00 0.14 0.00 35 Central Ave (Apple Hill Median) 0.06 0.04 0.02 0.00
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AREA
# RIGHT-OF-WAY AREA
TOTAL
ACREAGE
TURF
ACREAGE
BEDDING
ACREAGE
WEED
ABATEMENT
ANNUAL
BASE
BID
36 Fairview (Central Ave to Balfour Rd) 1.07 0.00 1.07 0.00 37 Balfour (Median between Fairview &
Rossano) 0.08 0.00 0.08 0.00
38 Fairview (Balfour to Arlington) 0.24 0.00 0.24 0.00
39 Balfour Road from Fairview to Bypass 2.87 0.64 1.36 0.87 40 Deer Creek Trail in Apple Hill 3.30 0.00 3.30 0.00
41 Dry Creek (Apple Hill Pathway) 0.19 0.00 0.00 0.19
42 Brentwood Blvd (Birch to Armstrong)
Oleanders to be maintained at 5' height 5.98 0.00 1.73 4.25 43 Arlington (Between Claremont &
Cheshire) 0.17 0.00 0.17 0.00
44 End of Creek Rd (By Bridge to Creekside) 2.75 0.00 2.65 0.10 45 Walnut Blvd. Water Tower 4.46 0.00 0.02 4.44
46 American Avenue (4 medians) 1.27 0.00 0.29 0.98
47 Creek Rd. 7.02 0.00 6.77 0.25
47A Fairview/Concord Ave. 1.95 0.00 0.00 1.95
48 American Avenue (2 medians) 1.09 0.00 0.59 0.50
49 John Muir Ext. (Phase 1) Ventura to
Foothill 2.38 0.00 1.45 0.93
50 John Muir Ext. (Phase 2) Foothill to
Briones 1.71 0.00 0.45 1.26
52 Marsh Creek Trailhead 0.60 0.00 0.60 0.00
53 Misc Spray Sites (*See Below) 25.33 0.00 0.00 25.33
TOTALS 95.90 7.17 35.99 52.74
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BREAKDOWN OF MISCELLANEOUS SPRAY SITES (#53 ABOVE)
In addition to the landscape maintenance and spray sites that are included in each individual Right-of-Way area, spray site #53 was created in order to capture the remaining Right-of-Way areas that are not tied directly to an individual Right-of-Way area.
# LOCATION/DESCRIPTION ACRES
53 (74) Hanson Lane north and southside from 112 Hanson to Marsh Creek 0.67 53 (75) City lot on Heartland Court along Marsh Creek from park to Well #7 0.17 53 (78) 7101 and 7131 Lone Tree Way and section of 7151 Lone Tree Way 0.58 53 (79) Smith Lane east and west side from Lone Tree Way to O'Hara Avenue 0.36 53 (82) New Jeffery Way from Lone Tree Way including median 1.72 53 (84) Heidorn Ranch east side from Home Depot to PG&E yard across the street 0.49 53 (85) City lot behind 870 Kramer Court next to PG&E plant 0.30 53 (88) Cambrian Place north side from Minnesota Avenue to the park 0.15 53 (101) Highway 4 Bypass - Sand Creek Road medians west of Bypass 0.52 53 (121) Shady Willow Lane west side from Empire Avenue to Sand Creek Road 0.70 53 (124) Strathaven Place west side from 1720 Brampton Place to sourth end 0.07 53 (125) Montclair Place east and west side from 1700 Ashbourne Place to south 0.05 53 (149A) Zone II water tanks off of St Andrews Drive 0.25 53 (149B) Zone II water tanks off of Vineyards Subdivision 0.25 53 (176) Empire Avenue shoulder and ditch from Lone Tree Way to City limit 0.27 53 (178) Lone Tree Way from Fairview Avenue to Gann Street subdivision 0.20 53 (181) Lone Tree Way north side from O'Hara Avenue to Anderson Lane and on the southwest corner of Lone Tree and Adams Lane 0.52
53 (182) Lone Tree Way south side from O'Hara Avenue to Tilton Lane 0.29 53 (185) Lone Tree Way south side from Virginia Drive to Brentwood Blvd. 0.25 53 (186) Lone Tree Way north side from Virginia Drive to Brentwood Blvd. 0.98 53 (187) Lone Tree Way sourth side from Brentwood Blvd to Arroyo Seco Subdivision 0.21 53 (188) Lone Tree Way north side from Brentwood Blvd to east end of Lone Tree Way 0.25 53 (189) Anderson Lane west side from City limit to Lone Tree Way 0.11 53 (190) Anderson Lane east side from City limit to Lone Tree Way 0.36 53 (191) O'Hara Avenue east side from Lone Tree Way to Brentwood Park sub 0.14 53 (192) O'Hara Avenue east side from Lone Tree Way to O'Hara Lane 0.56 53 (193) O'Hara Lane north side from O'Hara Avenue to Smith Lane 0.13 53 (195) Windy Springs Lane west side from Lone Tree Way to Amber Lane and on Lone Tree and Windy Springs Lane 0.37
53 (197) Empire Avenue west side from Lone Tree Way to Amber Lane 0.31 53 (199) Empire Avenue south side from Shady Willow Lane to west end of road 0.23 53 (201) Shady Willow lane west side from Golden Hills Church to Grant Street 0.20 53 (203) Amber Lane north and south side of road from Shady Willow to Jeffrey 0.36
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53 (205) Old Sand Creek Road north and south side from Hwy 4 Bypass to Heidorn 0.73 53 (207) Amber Lane north side of road from Empire Ave to Shady Willow 0.19 53 (209) Minnesota Ave east side along RR Tracks 0.69
53 (210) Old Sand Creek Road north side to Helena Way 0.73 53 (211) Fairview Avenue west side from north of Hillsborough Blvd to Fairview Ct 0.43 53 (212) Fairview Avenue west side from Apricot Way to Sand Creek Road 0.13 53 (214) Sand Creek Road north side from Fairview Avenue to apartment complex 0.85 53 (215) Sea Vista Drive 0.01
53 (216) Sand Creek Road south side from Raleys to Hwy 4 Bgypass 0.38 53 (217) Sand Creek Road north side from trail to O'Hara Ave 0.24 53 (219) Old Sand Creek Road from Shady Willow Lane to Bypass 1.61 53 (220) Adams Lane east side from Grant Street to O'Hara Ave 0.31 53 (223) Gracie Lane north side 0.22
53 (224) Lone Oak Road east and west side from Grant Street to Gracie 0.55 53 (231) Homecoming Way north side and east side of Brentwood Blvd from Homecoming to Hansen 0.33
53 (232) Hanson Lane south side 0.12
53 (233) Beverly Place north and south side 0.60
53 (234) Sunrise Drive north and south side 0.55
53 (235) Gregory Lane north, south, east and west sides 0.55 53 (237) Oak Street north side from Yamanaka subdivision Phase 1 to Chestnut 0.11 53 (258) Chestnut Street north side from Oak Street to Sellars Ave 0.18 53 (261) East side of Sellers from Chestnut to the EBMUD canal 0.56 53 (265) Harvest Park north side from Guthrie Lane to Well#13 0.16 53 (266) Harvest Park north side from the church to the bowling alley 0.05 53 (282) Marsh Creek Road in front of John Marsh House 1.42 53 (290) Presidio Drive 0.36
53 (294) Sand Creek Road north side at Business Center 0.07 53 (304) Sand Creek Road north and south side from Brentwood Blvd to Milford Court 1.18 TOTAL 25.33
BID AMOUNT:
Total annual base bid for Right-of-Ways as described above: $ _____ By: (Signature):
Printed Name: Title: ____________________________
Date: ____________________________________
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RATES AND FEES FOR ADDITIONAL WORK – RIGHT-OF-WAYS
LABOR HOURLY RATE
Common Labor _________________
Skilled Technician _________________
Supervisor _________________
Emergency / Off Hour Response _________________
Other (describe): _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
APPLICABLE EQUIPMENT
Tractor with Implements (spreader, auger, aerator) _________________ Spray Equipment _________________
Dump Truck _________________
Heavy Equipment _________________
Slit Seeder _________________
Other (describe): _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
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DIRECTED WORK RATES – WEED ABATEMENT
Per Acre Disking _________________
Per Acre Rough Mowing _________________
Per Acre Hand Work _________________
Per Acre Herbicide _________________
MATERIAL MARKUP OVER WHOLESALE
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
________________________________ _________________
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Exhibit C - Landscape Maintenance Standards
Visitors of the City of Brentwood parks will find the conditions described in the standards below:
Section 1 Accessibility
1. All City parks are places of public accommodation, and as such, meet the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C.12181).
Section 2 Turf
2.1 General Use Standard
2.1.1 All turf areas will support their designed uses – informal play, sports, picnics, and other park activities.
2.1.2 Turf will be healthy with an even surface and uniform, deep green color.
2.1.3 Turf will not exhibit bare spots.
2.1.4 Turf will be pest-free.
2.1.5 Shall be maintained in accordance with Turf Maintenance Section 2.2, Irrigation Section 3, and Disease and Pest Control Section 4 standards.
2.2 Turf Maintenance
2.2.1 Mowing
2.2.1.1 Mow a minimum of one (1) time per week.
2.2.1.2 Height of cut (in inches) for high-traffic grasses.
Type of grass Growth Optimum in inches
Bermuda grass, hybrid 3/4
Fescue 2
Bluegrass 2
2.2.2 Edging
2.2.2.1 Complete site edging of trees, curbs, sidewalks, beds, buildings, sprinklers, valve boxes, meter boxes, etc. shall be performed to insure the site looks groomed and complete.
2.2.3 Aeration
2.2.3.1 Minimum of two (2) times per year for general use, and a minimum of four (4) times per year for sports fields, or as needed for either to maintain standard.
2.2.4 Weeds
2.2.4.1 Turf will be weed free.
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2.2.5 Reseeding or Sod Replacement
2.2.5.1 Reseeding or sod replacement shall be done on an as needed basis to meet standards.
2.2.6 Fertilizer
2.2.6.1 Apply at least three (3) applications per year from February through October.
2.2.6.2 All applications to be balanced fertilizer with nitrogen, phosphorous, and potassium (NPK) based on site-specific soil analysis. Micronutrient applications may be applicable.
2.2.6.3 Separate applications for trees, shrubs and flowers.
Section 3 Irrigation
3.1 General
3.1.1 Shall be checked daily at each site.
3.1.2 All systems will comply with State and local laws regarding backflow prevention and protection of the public water system.
3.1.3 All controllers must be on the central system shall be used to the fullest program capability.
3.1.4 Irrigation system monitored by a computerized irrigation management system.
3.1.5 Irrigation preventative maintenance system checks shall be done as needed; all zones will be checked for operation, and repairs made immediately.
3.1.6 General inspections of turf and plant materials shall be done routinely for sign of stress or damage.
3.1.7 Contractors must provide the City with a monthly irrigation schedule for all controllers including verification that the controllers are on the central irrigation system.
3.2 Delivery
3.2.1 Irrigation systems will deliver optimum water to each plant type at the lowest cost with maximum resource conservation.
3.2.2 Water will be delivered during non-use hours.
3.2.3 Each station shall be adjusted to meet the needs of the specific area unless authorized by the City, as well as, adjusted due to weather conditions.
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Section 4 Disease and Pest Control
4.1 The product “Round Up” is not approved for use by the City. All chemicals used for the Work must be approved by City staff.
4.2 Turf, trees and landscaping shall be disease and pest free. Any signs of stress or damage to trees, turf or planting materials and/or a direct bother to the public or its safety, shall be corrected by utilizing one of the three (3) steps indicated:
Preventative ~ a scheduled chemical or cultural program designed to prevent significant damage.
Corrective ~ application of chemical or mechanical controls designed to eliminate observed problems.
Integrated Pest Management ~ withholding any controls until such time as pests demonstrate damage to plant materials, or become a demonstrated irritant or safety concern to the public, such as in the case of wasps, ants, gophers, etc.
Section 5 Sports Facilities
5.1 General Use Standards
5.1.1 Sports turf, in addition to meeting Turf Maintenance Section 2.2, and Disease and Pest Control Section 4 standards, will be maintained at proper sport specific playing height.
5.1.2 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3.
5.1.3 Cost of additional maintenance functions incurred by user.
5.4 Infields and Warning Tracks
5.4.4 Will be weed and pest-free.
5.4.5 Grade differentials between the infield surface and field turf and warning track will be eliminated, and have a clean turf edge at same grade as infield.
Section 6 Open Spaces and Natural Areas
6.1 General Use Standard
6.1.1 Areas intended for nature study or open space enjoyment will be retained in their natural states and managed for fire protection, noxious weeds and erosion control as appropriate for the intended use, and natural surroundings.
6.1.2 Keep vegetation back five (5) feet from edge of City maintained trails, fence lines, Vditches, and creek banks.
6.1.3 Banks will be stable and appropriate plants and trees will enhance the setting.
6.1.6 Open space areas will meet California Fire Department standards for fire control and public safety.
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6.2 Residential Trail Heads (Creek Road, Minnesota Trail, Brentwood Park)
6.2.1 Mow as needed for fire hazard prevention, safety and plant health.
Section 7 Beds, Hedges, and Ground Cover
7.1 General Standard
7.1.1 Fertilization, irrigation and cultivation (when applicable) shall be adjusted to serve the requirements of the plant species.
7.1.2 Shall be healthy, attractive plants that lend variety and interest to the landscape.
7.1.3 Beds, ground covers, and hedges will be maintained to provide secondary functions such as barriers, animal habitat, or dust and erosion control.
7.1.4 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3.
7.1.5 Removal and Replacement
7.1.5.1 All failed or damaged plant materials shall be removed and replaced within 30 days of notice, unless determined by the City to delay replacement. The replacement plant shall be the same size and species as the damaged or failed plant, if possible. The City shall approve replacement of plant materials not meeting these specifications.
7.1.6 Litter and Debris Removal
7.1.6.1 All plant beds shall be maintained free of trash and debris.
7.1.7 Weed Control
7.1.7.1 Plant beds shall be free of weeds. Beds shall be weeded at a minimum of once every week.
7.1.8 Trimming
7.1.8.1 All shrubs shall be pruned as needed to meet the intent of the landscape design. Ground cover shall be edged as needed to keep plant growth from extending beyond curbs, sidewalks, buildings, and turf areas.
Ground cover in medians will not be allowed to extend beyond the curb or sidewalk.
7.2 Flower Beds
7.2.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 7.
7.2.2 Show no blank spots during season without authorization from the City.
7.2.3 Maintained in compliance with Section 4 related to Disease and Pest Control.
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7.2.4 Dead heads, blank spots, and other defects shall not detract from decorative nature of the plantings.
7.2.5 Plantings will be rotated as needed, to continue color and interest. Minimally, on a seasonal schedule in areas of high use or high visibility and semi-annually in low use, low visibility areas.
7.2.6 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3
7.3 Shrub Beds, Hedges, and Ground Cover
7.3.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 7.
7.3.2 Maintained in compliance with Section 4 related to Disease and Pest Control.
7.3.3 Shall be free of invasive shrub and tree species.
7.3.4 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3
Section 8 Trees
8.1 General Standards
8.1.1 Will provide shade, wind breaks, sound attenuation, and otherwise enhance the park setting.
8.1.2 Maintained in compliance with Section 4 related to Disease and Pest Control, and Section 3 related to Irrigation standards.
8.1.3 Trees will conform to the general shape and height of the species: significantly deformed specimens will be removed.
8.1.4 Weed Control
8.1.4.1 Mechanical grass trimming around trees shall be accomplished in a way that will not scar the trunk in any way.
8.1.5 Mulching
8.1.5.1 Bark mulch will be placed around tree and maintained on an as needed bases.
8.1.5.2 Well defined radius around the tree, free of weeds and turf – minimum three (3) foot radius, maintaining one to two (1-2) inch clearance from the perimeter of the trunk.
8.1.6 Trimming
8.1.6.1 Tree limbs will be at a safe height for the uses anticipated in the vicinity.
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8.1.6.2 Trees will not exhibit broken or cracked limbs or other structural damage, and all suckers shall be removed.
8.1.8 Staking
8.1.8.1 Young trees should be properly staked to assist in support until roots are firmly established, especially in wind prone areas. Once firmly established, stakes should be removed with no protrusion above ground.
Trees must be straight.
8.1.8.2 Ties on the stakes should be checked periodically to ensure they are adjusted properly.
8.1.8.3 Tight or damaged ties or stakes should be replaced or repaired.
8.1.9 Removal and Replacement
8.1.9.1 All damaged trees shall be removed and replaced within thirty (30) days of notice, unless determined by the City to delay replacement.
8.1.9.2 All Memorial trees shall be replaced within thirty (30) days of discovery.
8.1.9.3 All replacement trees shall be the same size and species of tree as the damaged tree. If the tree cannot be matched, the City will determine an appropriate replacement species.
Section 9 Specialty Parks (Dog Park and Competition Soccer field)
9.1 Specialty Park turf, in addition to meeting Turf Maintenance Section 2.2, and Disease and Pest Control Section 4 standards, will be maintained at proper sport specific playing height.
9.2 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3.
9.3 Winter over-seed with annual rye grass.
9.4 Routine top dressing with compatible materials.
9.5 Routine thatching and removal.
9.6 (Dog Park) Fecal matter shall be removed on a daily basis.
Section 11 Paved Surfaces
11.1 Paved surfaces may include sports courts, pathways, parking lots and other areas topped with asphalt or concrete.
11.2 Pathways, parking lots and other paved areas will be free of sand, debris and litter, so at no time it detracts from the look or safety of the area.
11.3 Sand and decomposed gravel shall be removed from sidewalks daily.
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11.4 All court surfaces shall be pest-free, as defined in Section 4 Disease and Pest Control to include weed control.
11.5 No standing water will be permitted on pathways.
Section 12 Unpaved Surfaces including Bocce and Horseshoe Courts
12.1 Unpaved surfaces may include sports facilities, pathways, parking areas or other areas covered with porous paving materials.
12.2 All unpaved surfaces will be free of weeds, debris and litter, so at no time it detracts from the look or safety of the area.
12.3 All court surfaces shall be pest-free, as defined in Section 4 Disease and Pest Control.
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Exhibit D – Outcome-Based Contract and Inspection Problem Resolution Process City will regularly inspect the Contractors’ work and rate it according to the maintenance standards and inspection criteria, attached as Exhibit C. Contractor will be paid for work rated as “meets standards.” Contractor will not be paid for work rated as “unsatisfactory” until conditions improve and rate as “meet standards.” If an area does not meet City standards, it will be considered “unsatisfactory.” Contractor will not be paid additional amounts for remedial work required to improve “unsatisfactory” areas. City staff will work closely with Contractor’s representatives to achieve the results described in the standards and inspection criteria. However, responsibility for meeting standards rests solely with the Contractor.
During the first three (3) months of the Contract, the Contractor will receive one hundred percent (100%) of the monthly Contract amount. During this period, Contractor will inspect the sites at least monthly and will discuss inspections with City. This process and time frame will allow for the Contractor to understand the site issues enough to proceed. Following this period, Contractor performs quality inspections a minimum of every month, or as needed and submits inspection reports to the City.
The Contractor will provide electronic versions of the monthly inspections to the Park Maintenance Manager by the 10th of the following month as to each site’s compliance with City standards. The inspection can be “noted exception” which only indicates areas which do not meet standards. In addition to the noted exceptions, an action plan with deadlines is to be provided to the City to indicate when corrections will be made. Failure to turn in inspections by the deadline will result in monthly payment being withheld until inspections are turned in.
There will be a financial impact to the Contract if any scheduled use, (including, but not limited to, special events or recreation programs) of City facilities are impacted by neglect on the Contractor’s part. Any costs associated with re-scheduling the event/activity/program will be the responsibility of the Contractor for time, staffing and costs, including, but not limited to, officials’ salaries, part-time staff salaries, maintenance call out person salaries (stand by), light costs, and preparation of fields (which can include a drag, watering and lining of the field).
For any site that fails to meet City standards as a result of some action that is Contractor’s responsibility, the Contractor is to notify the City immediately and develop a plan to bring the site back to compliance. Should the City notice the Contractor of a site(s) that does not meet City standards, and the City has not been notified by the Contractor, the Contractor will be put on notice in writing to bring the site back into compliance. The following penalty will result:
1. The monthly payment for the specific site(s) will be withheld by the City until the site is back in conformance with City standards.
2. If conformance is reached within fourteen (14) days of notice, the City will release one hundred percent (100%) of the payment.
If the City has to notice the Contractor a second time at the same site within twelve (12) months of the initial notice, the following penalty will occur:
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1. The City will withhold the monthly payment for the site. If the conformance is reached within 14 days of notice by the City, the City will release eighty percent (80%) of the payment, keeping twenty percent (20%) as a penalty.
If at any time during a notice by the City, the Contractor does not bring the site into conformance within fourteen (14) days, the following penalty will occur:
1. The City will keep the monthly payment as a penalty and withhold the next month’s payment following the above mentioned conditions until conformance is reached or the Contract is terminated.
The parties will observe the following problem resolution process:
• Written notice of problem
• Field conference with inspector/Contractor’s field representative to identify problem and agree on solution as presented by Contractor
• Conference between City’s representative and Contractor’s principal • Imposition of penalties and/or correcting defect at Contractor’s cost • Termination of Contract
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Exhibit E – Water Management Program
Monthly from March through November, the landscape maintenance Contractor will provide to the City a report of irrigation controller settings for the current month in electronic format. This report will include the following information:
a. All irrigation programs set on controllers.
b. Irrigation schedule start times for each irrigation program. c. Irrigation run days for each irrigation program.
d. Irrigation cycle length, in minutes for each station in an irrigation program. e. Number of repeat cycles for each station in an irrigation program.
All required scheduling and operation of the automatic irrigation controllers reflecting weather changes and water needs will be covered under this Contract. Contractor shall make all adjustments and setting of automatic controllers to establish frequency and length of watering periods. Any malfunction of controllers will be reported to the City along with a proposal for correction with costs.
All systems shall be programmed as needed to maintain plants in a healthy, vigorous condition.
The irrigation controller program is to be sufficient to keep the landscape healthy without excessive water use.
Controller programs shall incorporate the following conditions:
a. Meet City Water Management requirements.
b. Avoid weekend watering when possible.
c. Maximize repeat operations.
d. Minimize station run times.
e. Reflect actual evapotranspiration (E.T.) requirements. f. Reflect actual requirements of soil and plants.
g. Eliminate runoff onto streets, sidewalks, and other non-target areas. h. Provide sufficient time for soil to dry out between irrigations. i. Maximize public use of City property.
Reclaimed water may be used in some areas of City landscape. Contractor’s staff shall be trained in the proper techniques for working with reclaimed water and it is the responsibility of the Contractor to insure compliance with all safety and health precautions.
The Water Management Program is designed to optimize landscape water usage through field testing and irrigation schedule development. Soil moisture levels can be compared to irrigation schedules and plant water requirements to assist in responsible management of each landscape irrigation valve zone.
a. Irrigation Schedule Analysis:
Monthly during irrigation season (March through November), the Contractor will provide the City with the current months irrigation schedules no later than the 10th day of the month. The irrigation schedules are analyzed by comparing the minutes of irrigation run time, plant water requirement and the level of environmental demand (evapotranspiration). Valve areas appearing to be over or under watered are to be further tested by the landscape contract as outlined below.
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b. Soil Moisture Testing:
Valve areas suspected to be over or under watered should be tested between May and October by the Contractor by removing a soil sample and testing the moisture content. Soil probing is conducted to determine soil moisture levels for automated overhead irrigation circuits.
c. Irrigation Base Schedule Development:
A monthly irrigation base schedule is developed based upon current controller settings and the feedback of moisture probing results. Adjustments are made at the controller either up or down where soil is found to be too dry or too wet. Once the Contractor has the correct run times for any given month, the starting “base schedule” is acquired. The base schedule provides the total number of minutes of weekly run time adjusted for the month’s historical reference evapotranspiration rate.
The monthly Water Management Report also includes a chart showing the total minutes of weekly irrigation run time in that month’s irrigation program. The chart shows whether irrigation controllers are being adjusted (supply) monthly during the irrigation season in relation to changing evapotranspiration rate (demand).
City will provide all the water and electricity necessary for the Contractor to perform the services except instances where excessive costs are incurred by the City due to water/electricity waste or negligence by the Contractor. If the City determines that excessive utility costs due to waste or negligence have occurred and are a result of Contractor’s actions, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs.
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Exhibit F – Plant Loss
It is one of the Contractor’s prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in watering.
Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. A preliminary written report shall be submitted for major corrective problems not covered in the contract along with the costs.
Contractor agrees to replace, at the Contractor’s cost, any dead, stunted, or damaged plantings that are the result primarily of the Contractor’s negligence. Plants lost from Contractor’s negligence shall be replaced, at the Contractor’s expense, within thirty (30) days of discovery.
Replacement plants shall be comparable in size to the lost plant up to a maximum size of a twentyfour (24) inch box, or if smaller, the size shall be approved by the City.
The Contractor shall not be held responsible for plant losses due to maladies beyond the Contractor’s control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, frost damage, storms and related events. Contractor shall report all such conditions to the City in writing within seventy-two (72) hours of occurrence, and submit a proposal for the work or repairs along with the costs. The Contractor shall obtain City’s written permission/direction or authorization prior to proceeding with the work. Failure to notify the City within 72 hours of occurrence will result in replacement at the Contractor’s cost as if the cause was Contractor negligence.
The City shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the Contractor as a substitute or for proper care. The City will consider Contractor negligence a major breach of Contract with full responsibility for costs and losses.
Dead plants and those in a state of decline shall be brought to the City’s attention immediately.
The City shall pay labor and material for plant replacement not caused by Contractor negligence on an actual time and material basis if authorized by an approved change order.
All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship. Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance Contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor’s negligence. All replacement plants and materials shall be inspected and approved by City prior to installation.
At the end or termination of the Contract, the City reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of Contractor negligence or at any site that’s condition is in worse condition than when the Contract was accepted.
CITY COUNCIL AGENDA ITEM NO. F.1
11/14/2023
SUBJECT: Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project.
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Philip McKinney, Wastewater Operations Manager
TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution adopting a Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project, CIP Project No. 592-59140.
FISCAL IMPACT
This is an administrative function with no fiscal impact associated with the adoption of the Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program. Any costs associated with the mitigation measures have been budgeted in the adopted Capital Improvement Program (“CIP”), which includes the Wastewater Treatment Plant (WWTP) Expansion - Phase II Project, CIP Project No. 592-59140 (“Project”). Project funding is mainly from a State Revolving Fund (SRF) low-interest loan and Wastewater Development Impact Fees, Wastewater Enterprise Funds and Wastewater Replacement Funds. The SRF loan is financed over a 30-year period with future debt payments provided by the Wastewater Enterprise Fund and Wastewater Development Impact Fees
BACKGROUND
The City prepared an Initial Study to evaluate potential environmental impacts from construction and operation of the Project and adopted a Mitigated Negative Declaration on August 9, 2016. As originally proposed, the Project involved construction of a biosolids dryer building and storage silo as a means of producing Class A biosolids, thus facilitating additional uses or disposal methods for the biosolids. The City has since decided to use different technology and place the biosolids drying facilities at a different location. Based on the research conducted by
CITY COUNCIL AGENDA ITEM NO. F.1
11/14/2023
staff, it was determined that a pyrolysis-based system was the best application for the City to meet current and future regulatory requirements for biosolids treatment and disposal.
The Project modifications consist of the following main components.
1. Installation of a biosolids drying and pyrolysis system (“BDPS”) adjacent to the existing footprint of the WWTP.
2. Realignment of a paved connector path to the Marsh Creek trail.
3. Installation of new WWTP perimeter fencing around the BDPS.
4. Tree removal.
All Project components would be constructed on 4 acres of City-owned property immediately adjacent to the east boundary of the current WWTP footprint.
The above-described revisions to the Project required preparation of a Supplemental Initial Study in accordance with the California Environmental Quality Act (“CEQA”) to identify potential environmental impacts and mitigation measures to reduce impacts to a less-than-significant level.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1 - Goal 2: Water, Wastewater, and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the City’s General Plan.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
On September 7, 2023, a notice of public hearing and intent to adopt the Supplemental Mitigated Negative Declaration was posted at the Contra Costa County Clerk-Recorder’s office, submitted to the State Clearinghouse, and mailed to the City of Brentwood’s list of agencies and other interested parties regarding CEQA documents available for review, for a 30-day review period ending October 6, 2023.
A comment letter was received from the Central Valley Regional Water Quality Control Board on October 10, 2023, describing the types of permits required for projects that affect surface waters and groundwaters.
CITY COUNCIL AGENDA ITEM NO. F.1
11/14/2023
ENVIRONMENTAL DETERMINATION
The Supplemental Initial Study prepared for the Project includes the following findings.
1. The Project would have no impact to Agriculture and Forestry Resources; Hazards and Hazardous Materials; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; and Utilities and Service Systems.
2. The Project would have less-than-significant impacts to Aesthetics; Air Quality; Energy; Greenhouse Gas Emissions; Public Services; Recreation; Transportation; and Wildfire.
3. Impacts of the Project would be less than significant with incorporation of the mitigation measures to Biological Resources; Cultural Resources; Geology and Soils; Hydrology and Water Quality; Noise; and Tribal Cultural Resources.
Mitigation measures to reduce all potentially significant impacts to less than significant levels are included in the Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program proposed for adoption by the City Council.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Supplemental Initial Study
4. Supplemental Mitigated Negative Declaration
5. Amended Mitigation Monitoring and Reporting Program
6. Comment Letter from the Central Valley Regional Water Quality Control Board dated October 6, 2023, and received on October 10, 2023
7. CIP Budget Sheet
Attachment 1
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On August 9, 2016, by Resolution No. 2016-109, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the City of Brentwood Wastewater Treatment Plant Expansion – Phase II Project, Capital Improvement Program (“CIP”) Project No. 592-59140 (“Project”), in accordance with Section 15074(d) of the California Environmental Quality Act Guidelines.
On June 23, 2020, by Resolution No. 2020-84, the City Council 1) approved the Project construction contract documents; 2) awarded the construction contract to C.
Overaa & Company in the amount of $44,516,000; 3) authorized the City Manager or designee to execute the contract and necessary documents for the Project; and 4) authorized a 10% change order contingency of $4,451,600, for a total appropriation of $48,967,600.
On June 28, 2022, by Resolution No. 2022-85, the City Council adopted the City’s 2022/23–2026/27 CIP, which included $83,261,000 for the Project.
On February 14, 2023, by Resolution No. 2023-17, the City Council 1) approved the contract documents, and authorized the City Manager or designee to execute an Agreement with TW Associates LLC, dba MISCOwater LLC, and necessary documents, including amendments, in the amount of $18,991,000, plus a 10% contingency amount of $1,899,100, for a total not-to-exceed amount of $20,890,100, for Biosolids Drying and Pyrolysis System equipment and services; 2) amended the 2022/23–2026/27 CIP to include the updated Project sheet in the amount of $93,635,000; and 3) amended the 2022/23 Operating Budget to allow for the associated funding transfers.
Attachment 2
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING THE SUPPLEMENTAL INITIAL STUDY
AND SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION AND
AMENDED MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE WASTEWATER TREATMENT PLANT
EXPANSION – PHASE II PROJECT, CIP PROJECT NO. 592-59140.
WHEREAS, on August 9, 2016, by Resolution No. 2016-109, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the City of Brentwood Wastewater Treatment Plant Expansion – Phase II Project, Capital Improvement Program (“CIP”) Project No. 592-59140 (“Project”); and
WHEREAS, wastewater treatment is the process of cleaning used water so it can be recycled and returned safely to the environment. One byproduct of wastewater treatment is the production of biosolids, which are currently off-hauled to a landfill for disposal; and
WHEREAS, the Project originally involved construction of a biosolids dryer building and storage silo as a means of producing Class A biosolids, thus facilitating additional uses or disposal methods for the biosolids; and WHEREAS, based on the research conducted by staff, it was determined that a pyrolysis-based system was the best application for the City to meet current and future regulatory requirements for biosolids treatment and disposal; and WHEREAS, on February 14, 2023, by Resolution No. 2023-17, the City Council approved the contract documents and authorized the City Manager or designee to execute an Agreement with the equipment supplier TW Associates LLC, dba MISCOwater LLC, for Biosolids Drying and Pyrolysis System equipment and services; and
WHEREAS, revisions to the Project for the pyrolysis-based biosolids treatment system required preparation of a Supplemental Initial Study and Supplemental Mitigated Negative Declaration (IS/MND), in accordance with the California Environmental Quality Act (“CEQA”), to identify potential environmental impacts and mitigation measures to reduce impacts to a less-than-significant level; and WHEREAS, on September 7, 2023, as required by CEQA, notification of the Supplemental IS/MND was provided to the public and affected regulatory agencies, giving them 30 days for review and comment on the Supplemental Initial Study and Proposed Supplemental Mitigated Negative Declaration; and
WHEREAS, the City received comments on the Supplemental IS/MND from the Central Valley Regional Water Quality Control Board; and WHEREAS, the 30 day public comment period closed on October 6, 2023; and WHEREAS, it is not the purpose of the Supplemental IS/MND to either recommend approval or denial of the Project; and
WHEREAS, the City Council has considered the information provided to it by those testifying; has reviewed and considered the information provided in the staff report and staff presentation; has read and considered the report and supporting data; and has considered comments received.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:
1. find that:
a. the Supplemental IS/MND was completed in accordance with the requirements of CEQA and the State CEQA Guidelines;
b. the Supplemental IS/MND was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, and the CEQA Guidelines, and constituted an adequate, accurate, objective and complete document addressing all issues relevant to the approval of the Project;
c. the Council reviewed and considered the information contained within the Supplemental IS/MND City prior to acting on the proposed Project, and finds that the Supplemental IS/MND reflects the independent judgment and analysis of the City;
d. the Supplemental IS/MND identified all potentially significant adverse environmental impacts and feasible mitigation measures or standard conditions of approval that would reduce these impacts to a less-thansignificant level. All of the mitigation measures identified in the Supplemental IS/MND, including those in the Mitigation Monitoring and Reporting Program, are adopted and will be implemented as part of the Project. The City Council finds that on the basis of the whole record before it, there is no substantial evidence that the Project, as mitigated in the Supplemental IS/MND, will have a significant impact on the environment;
e. the monitoring and reporting of CEQA mitigation measures in connection with the Project will be conducted in accordance with the attached Mitigation Monitoring and Reporting Program incorporated into the Project. Adoption of the Mitigation Monitoring and Reporting Program will constitute fulfillment of the CEQA monitoring and/or reporting
requirement set forth in Section 21081.6 of CEQA. All proposed mitigation measures are capable of being fully implemented by the City; f. the record of proceedings is located at the offices of the Public Works Department, City of Brentwood, 150 City Park Way, Brentwood, California 94513. The custodian of records is Public Works Director Casey Wichert;
2. adopt the Supplemental IS/MND and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project, CIP Project No. 592-59140.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of November 2023 by the following vote:
SUPPLEMENTAL INITIAL STUDY
FOR THE
CITY OF BRENTWOOD
WASTEWATER TREATMENT PLANT
PHASE II EXPANSION PROJECT
Prepared for:
CITY OF BRENTWOOD
PUBLIC WORKS-ENGINEERING
Prepared by:
September 2023
Attachment 3
SUPPLEMENTAL INITIAL STUDY
FOR THE
CITY OF BRENTWOOD
WASTEWATER TREATMENT PLANT
PHASE II EXPANSION PROJECT
Prepared for:
CITY OF BRENTWOOD
PUBLIC WORKS-ENGINEERING
150 City Park Way
Brentwood, CA 94513
(925) 516-6000
Prepared by:
3100 Zinfandel Drive, Suite 300
Rancho Cordova, CA 95670
(916) 714-1801
September 2023
TABLE OF CONTENTS
SECTION PAGE
WWTP Phase II Expansion Project Robertson-Bryan, Inc.
City of Brentwood i Supplemental Initial Study
1 INTRODUCTION.................................................................................................................................................1
1.1 REGULATORY GUIDANCE AND PURPOSE OF THIS DOCUMENT..........................................................1
1.2 CEQA UPDATES SINCE PREPARATION OF THE 2016 INITIAL STUDY................................................1
1.3 APPROACH TO ANALYSIS .............................................................................................................1
1.4 PUBLIC REVIEW OF THE DOCUMENT .............................................................................................2
1.5 SUMMARY OF FINDINGS...............................................................................................................2 2 PROJECT DESCRIPTION..................................................................................................................................3
2.1 PROJECT LOCATION....................................................................................................................3
2.2 PROJECT BACKGROUND ..............................................................................................................3
2.3 PROJECT PURPOSE AND OBJECTIVES...........................................................................................3
2.4 PROJECT COMPONENTS ..............................................................................................................3
2.4.1 Biosolids Drying and Pyrolysis System...................................................................................5
2.4.2 Connector Path.......................................................................................................................5
2.4.3 New Perimeter Fence.............................................................................................................7
2.4.4 Tree Removal .........................................................................................................................7
2.5 PROJECT CONSTRUCTION ...........................................................................................................7
2.6 PROJECT OPERATIONS................................................................................................................7 3 ENVIRONMENTAL CHECKLIST........................................................................................................................8
3.1 AESTHETICS ...............................................................................................................................9
3.1.1 Setting.....................................................................................................................................9
3.1.2 Discussion ..............................................................................................................................9
3.2 AGRICULTURE AND FOREST RESOURCES.................................................................................... 10
3.2.1 Setting...................................................................................................................................10
3.2.2 Discussion ............................................................................................................................10
3.3 AIR QUALITY............................................................................................................................. 11
3.3.1 Setting...................................................................................................................................11
3.3.2 Discussion ............................................................................................................................11
3.4 BIOLOGICAL RESOURCES .......................................................................................................... 14
3.4.1 Setting...................................................................................................................................14
3.4.2 Discussion ............................................................................................................................15
3.5 CULTURAL RESOURCES............................................................................................................. 20
3.5.1 Setting...................................................................................................................................20
3.5.2 Discussion ............................................................................................................................21
TABLE OF CONTENTS
SECTION PAGE
WWTP Phase II Expansion Project Robertson-Bryan, Inc.
City of Brentwood ii Supplemental Initial Study
3.6 ENERGY................................................................................................................................... 23
3.6.1 Setting...................................................................................................................................23
3.6.2 Discussion ............................................................................................................................23
3.7 GEOLOGY AND SOILS ................................................................................................................ 24
3.7.1 Setting...................................................................................................................................24
3.7.2 Discussion ............................................................................................................................25
3.8 GREENHOUSE GAS EMISSIONS .................................................................................................. 26
3.8.1 Setting...................................................................................................................................26
3.8.2 Discussion ............................................................................................................................26
3.9 HAZARDS AND HAZARDOUS MATERIALS ...................................................................................... 28
3.9.1 Setting...................................................................................................................................28
3.9.2 Discussion ............................................................................................................................28
3.10 HYDROLOGY AND WATER QUALITY............................................................................................. 28
3.10.1 Setting...................................................................................................................................29
3.10.2 Discussion ............................................................................................................................29
3.11 LAND USE AND PLANNING.......................................................................................................... 31
3.11.1 Setting...................................................................................................................................31
3.11.2 Discussion ............................................................................................................................31
3.12 MINERAL RESOURCES............................................................................................................... 32
3.12.1 Setting...................................................................................................................................32
3.12.2 Discussion ............................................................................................................................32
3.13 NOISE...................................................................................................................................... 32
3.13.1 Setting...................................................................................................................................33
3.13.2 Discussion ............................................................................................................................33
3.14 POPULATION AND HOUSING ....................................................................................................... 34
3.14.1 Setting...................................................................................................................................34
3.14.2 Discussion ............................................................................................................................34
3.15 PUBLIC SERVICES ..................................................................................................................... 34
3.15.1 Setting...................................................................................................................................35
3.15.2 Discussion ............................................................................................................................35
3.16 RECREATION ............................................................................................................................ 35
3.16.1 Setting...................................................................................................................................35
3.16.2 Discussion ............................................................................................................................35
3.17 TRANSPORTATION..................................................................................................................... 36
3.17.1 Setting...................................................................................................................................36
TABLE OF CONTENTS
SECTION PAGE
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3.17.2 Discussion ............................................................................................................................36
3.18 TRIBAL CULTURAL RESOURCES ................................................................................................. 37
3.18.1 Setting...................................................................................................................................37
3.18.2 Discussion ............................................................................................................................39
3.19 UTILITIES AND SERVICE SYSTEMS .............................................................................................. 39
3.19.1 Setting...................................................................................................................................40
3.19.2 Discussion ............................................................................................................................40
3.20 WILDFIRE ................................................................................................................................. 41
3.20.1 Setting...................................................................................................................................41
3.20.2 Discussion ............................................................................................................................41
3.21 MANDATORY FINDINGS OF SIGNIFICANCE.................................................................................... 42
3.21.1 Discussion ............................................................................................................................43 4 LIST OF PREPARERS .....................................................................................................................................45 5 REFERENCES..................................................................................................................................................45
LIST OF TABLES
Table 1. Summary of Average Daily Emissions of Criteria Air Pollutants and Precursors for Proposed Project Operations (lb/day). ................................................................................................................ 12 Table 2. Change in Greenhouse Gas Emissions for Proposed Project Operations Compared to Existing Conditions (MTCO2e/year).................................................................................................................. 27
LIST OF FIGURES
Figure 1. Location map of city of Brentwood and Brentwood Wastewater Treatment Plant. ........................4 Figure 2. Proposed modifications to the City of Brentwood Wastewater Treatment Plant Phase II Expansion Project. ................................................................................................................................6
APPENDICES
Appendix A Biosolids Dryer and Pyrolysis System Emissions Data Appendix B Biological Resources Data
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ACRONYMS AND ABBREVIATIONS
AB Assembly Bill
ADWF average dry weather flow
BDPS biosolids drying and pyrolysis system
BMPs Best Management Practices
CARB California Air Resources Board
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
ECCCHCP East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan
GHG greenhouse gas emissions
MGD million gallons per day
MND Mitigated Negative Declaration
MTCO2e metric tons of carbon dioxide equivalent
NAHC Native American Heritage Commission
NOX oxides of nitrogen
NPDES National Pollution Discharge Elimination System
PM2.5 particulate matter 2.5 microns in diameter
PM10 particulate matter 10 microns in diameter or smaller PRC Public Resources Code
ROG reactive organic gases
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
USFWS U.S. Fish and Wildlife Service
VMT vehicle miles traveled
WWTP Wastewater Treatment Plant
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1 INTRODUCTION
In 2016, the City of Brentwood (City) prepared an Initial Study to evaluate potential environmental impacts from construction and operation of its proposed Wastewater Treatment Plant (WWTP) Phase II Expansion Project and adopted a Mitigated Negative Declaration (MND) on August 9, 2016. The City has changed its planned biosolids drying system from that described in the 2016 Initial Study to an alternative technology that will be installed at a different location outside of the existing WWTP site. This Supplemental Initial Study evaluates the impacts associated with construction and operation of the alternative biosolids drying system.
1.1 REGULATORY GUIDANCE AND PURPOSE OF THIS DOCUMENT
This Supplemental Initial Study has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code 21000 et seq., and the State CEQA Guidelines, Title 14 California Code of Regulations 15000 et seq to determine if the proposed modifications to the WWTP Phase II Expansion Project (Proposed Project) could have significant impacts on the environment. In accordance with CEQA Guidelines 15064(a), an Environmental Impact Report must be prepared if there is substantial evidence that a project may have significant impacts on the environment. If the lead agency for the CEQA process determines that there is no substantial evidence for such impacts, or if the potential impacts can be reduced through revisions to the project or mitigation measures, a Negative Declaration or MND can be prepared (CEQA Guidelines 15070). The City, as the CEQA lead agency for the project, has determined that a Supplemental Initial Study is the appropriate document for compliance with CEQA and the CEQA Guidelines. The City is the lead agency for the Proposed Project.
1.2 CEQA UPDATES SINCE PREPARATION OF THE 2016 INITIAL STUDY The State CEQA Guidelines underwent a comprehensive update that became effective on December 28, 2018. The update addressed legislative changes to the CEQA statute, clarified certain portions of the State CEQA Guidelines, and updated the State CEQA Guidelines to be consistent with recent court decisions. The thresholds and analyses contained in this Supplemental Initial Study reflect the latest State CEQA Guidelines.
1.3 APPROACH TO ANALYSIS
This Supplemental Initial Study was prepared using the current Environmental Checklist in State CEQA Guidelines Appendix G. Compared to the Environmental Checklist used to prepare the 2016 Initial Study, there are three additional resource categories addressed: Energy, Tribal Cultural Resources, and Wildfire. In addition, some of the Environmental Checklist questions in some resource categories have changed to varying degrees. The changes range from a slight change in phrasing to reorganization of the questions to the addition of new questions.
Impact conclusions for the checklist questions are related back to the impact conclusions in the 2016 Initial Study and differences noted, if necessary. Mitigation measures in the 2016 Initial Study are included, if necessary, to address new impacts from the modified project, or new
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mitigation measures included, if necessary to reduce a potentially significant impact to a less than significant level.
1.4 PUBLIC REVIEW OF THE DOCUMENT
In accordance with Section 15073 of the CEQA Guidelines, this document will be circulated to local, state, and federal agencies and to interested organizations and individuals who may wish to review and comment on it. In reviewing this Supplemental Initial Study and proposed mitigation measures, affected public agencies and the interested public should focus on whether the document sufficiently identifies and analyzes the possible impacts on the environment.
Following the close of the public review period, the City Council will review and evaluate the evidence contained in the Initial Study and proposed Mitigated Negative Declaration and public comments received on these documents. At a scheduled and noticed public meeting, the City Council will consider approval of the Proposed Project, and adoption of the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.
1.5 SUMMARY OF FINDINGS
Section 3 of this document contains the analysis and discussion of potential environmental impacts resulting from the Proposed Project. Based on the analysis presented in Section 3, the Proposed Project would have no impact on the following resources. • Agriculture and Forestry Resources
• Hazards and Hazardous Materials
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Utilities and Service Systems
Impacts of the Proposed Project were determined to be less than significant for the following resources.
• Aesthetics
• Air Quality
• Energy
• Greenhouse Gas Emissions
• Public Services
• Recreation
• Transportation
• Wildfire
Impacts of the Proposed Project to the following resources would be less than significant with incorporation of the mitigation measures described in Section 3. • Biological Resources
• Cultural Resources
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• Geology and Soils
• Hydrology and Water Quality
• Noise
• Tribal Cultural Resources
As required by CEQA, a Mitigation Monitoring and Reporting Program will be prepared and adopted at the time of project approval. It will include those mitigation measures that would reduce potentially significant environmental impacts to less-than-significant levels. 2 PROJECT DESCRIPTION
The following sections describe the Proposed Project location, background, purpose and objectives, components, construction methods, and operations.
2.1 PROJECT LOCATION
The Proposed Project is located at the City of Brentwood WWTP in Contra Costa County, as shown in Figure 1.
2.2 PROJECT BACKGROUND
The City initiated planning for the Phase II wastewater treatment plant (WWTP) expansion project in 2016 to expand the treatment capacity from 5 million gallons per day (MGD) average dry weather flow (ADWF) to 7.5 MGD ADWF. As originally proposed, the project involved construction of a biosolids dryer building, storage silo, and stockpile area as a means of producing Class A biosolids, thus facilitating additional uses or disposal methods for the biosolids. The City has since decided to use different technology and place the biosolids drying facilities at a different location.
2.3 PROJECT PURPOSE AND OBJECTIVES
The purpose of the Proposed Project is to construct new biosolids handling and drying facilities for the WWTP Phase II Expansion Project. The specific objective of the Proposed Project is to produce Class A biosolids to maximize biosolids disposal options.
2.4 PROJECT COMPONENTS
The Proposed Project modifications consist of the following main components.
1. Installation of a biosolids drying and pyrolysis system (BDPS) outside of the existing footprint of the WWTP.
2. Realignment of a paved connector path to the Marsh Creek trail.
3. Installation of new WWTP perimeter fencing around the BDPS.
4. Tree removal.
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Figure 1. Location map of city of Brentwood and Brentwood Wastewater Treatment Plant.
Brentwood
WWTP
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All project components would be constructed on City-owned property immediately adjacent to the east boundary of the current WWTP footprint, as shown in Figure 2.
The originally proposed biosolids dryer building and storage silo, planned to be located within the existing WWTP footprint (see Figure 2), would no longer be constructed.
2.4.1 Biosolids Drying and Pyrolysis System
The 2016 Initial Study Proposed Project included a “Solids Dryer Option” as a means of producing Class A biosolids to facilitate additional uses or disposal methods for the biosolids.
This option included construction of a biosolids dryer building, biosolids storage silo, and stockpile area. Natural gas was assumed to be used for the biosolids dryer. The Class A biosolids were expected to be applied to land on nearby farming operations for soil amendment.
The City has selected construction of a biosolids dryer as the preferred option, with the addition of a pyrolysis system. The primary change to the Proposed Project from that described in the 2016 Initial Study is that the BDPS is to be located outside of and adjacent to the existing WWTP footprint. The proposed location for the BDPS units is shown in Figure 2. Exhaust air from the biosolids dryer would be sent through an air filtration system consisting of sulfuric acid wet scrubbers and a biofilter. The exhaust air from the pyrolysis system would be sent to a sodium hydroxide scrubber with a granular activated carbon filter. The City is proposing to install two BDPS units, one in the near term and a second unit in the future. The existing belt filter presses would be retained for use during maintenance periods for the BDPS units.
Basic operation of the BDPS would result in biochar being produced and packaged in bags. The biochar may be applied by the City on public parks and medians or hauled offsite by the BDPS vendor for sale. The BDPS could be operated to use only the biosolids drying system, which would result in Class A biosolids being produced that would be hauled to a landfill for use as daily cover. If the BDPS is out of service for an extended period, then the existing belt filter press system would be used and those biosolids would be hauled to a landfill for use as daily cover, as they are now.
Storm drainage from the area where the BDPS would be located would be routed to an existing retention basin by tying into a storm drain on the existing WWTP site.
2.4.2 Connector Path
A paved path to the east of the WWTP connects the Marsh Creek trail, located north of the WWTP, and the Sunset Park Athletic Complex, located south of the WWTP. A portion of this connector path would be realigned to the east of its existing location to accommodate the new BDPS units. The proposed realignment is shown in Figure 2. The path would be realigned prior to work on the BDPS units. The abandoned segments of the path would be demolished and reused at the WWTP site as grindings. The disturbed area would be planted with native grass seed.
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Figure 2. Proposed modifications to the City of Brentwood Wastewater Treatment Plant Phase II Expansion Project.
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2.4.3 New Perimeter Fence
A temporary fence around the construction site would be installed to prevent public access to the WWTP during construction. Upon completion of construction of the BDPS, a new, permanent fence would be installed, as shown in Figure 2, to establish a new perimeter for the WWTP.
2.4.4 Tree Removal
Construction in the expanded area would include removal of two Valley Oak (Quercus lobata) trees that are three inches in diameter at breast height.
2.5 PROJECT CONSTRUCTION
The Phase II WWTP expansion project description assumed a variety of equipment typical for construction activities, including excavation, grading, and paving equipment, trucks, generators, and power tools. An anticipated peak day of construction activity was assumed to occur on a day where heavy earthmoving occurs in combination with equipment-intensive activities such as concrete placement and would involve use of 3 to 4 pieces of equipment and 10 to 15 delivery trips of concrete over a 10-hour day.
Because of similarities in construction methods and facilities, construction equipment needed for BDPS units would be comparable to that needed for the biosolids dryer building and storage silo that would no longer be constructed. Realignment of the connector path would also involve typical construction equipment assumed in the 2016 Initial Study, such as a backhoe, gravel truck, a compactor, and a paving machine. Therefore, there would be no increase in peak day construction equipment use or hauling trips for construction of the BDPS units, realigned path, or new perimeter fence compared to that assessed in the 2016 Initial Study. Furthermore, the number of days over which construction of BDPS units, realigned path, or new perimeter fence would occur is estimated to be the same as that required to construct the previously proposed biosolids dryer building, storage silo, and stockpile area.
The 2016 Initial Study assumed the anticipated peak daily construction workforce for the Proposed Project would be approximately 30 workers and the average number of workers for the duration of construction would be approximately 15 workers. Construction was assumed to generally be performed between 7 a.m. and 6 p.m., Monday through Friday, though the typical workday ends by 4 p.m. The workforce necessary to construct the new BDPS, realigned connector path, and fence would be such that the number of workers needed to be on site would not exceed these numbers. Finally, the hours each day when construction would occur on site would not differ from those identified in the 2016 Initial Study.
2.6 PROJECT OPERATIONS
The 2016 Initial Study assumed the number of trips for offsite hauling of dewatered biosolids with the Solids Dryer Option would decrease from 370 truck trips per year to 110 trips per year (i.e., 260 fewer trips than existing conditions). The number of trips per year to haul biosolids from the proposed BDPS units is also approximately 110 trips per year, thus no change from the 2016 Initial Study.
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3 ENVIRONMENTAL CHECKLIST
PROJECT INFORMATION
1. Project Title: City of Brentwood WWTP Phase II Expansion Project
2. Lead Agency Name and Address: City of Brentwood (Contra Costa County)
3. Contact Person and Phone Number: Mr. Casey Wichert, 925-516-6000
4. Project Location: City of Brentwood
5. Project Sponsor’s Name and Address: Not applicable
6. General Plan Designation: Variable (residential, public facility)
7. Zoning: Variable planned development zones, public facility
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation.
Attach additional sheets if necessary.)
See Section 2, Project Description
9. Surrounding Land Uses and Setting: Briefly describe the project’s surroundings:
See Section 2, Project Description
10. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)
None
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City of Brentwood sent out formal notification letters by mail and electronic format, pursuant to PRC Section 21080.3.1, on June 15, 2023. The formal notification letters were sent to the City’s Native American Heritage Commission Tribal Consultation list. The letters included a project description, project map, and name, telephone, and email information for the City’s point of contact. The City received a request for consultation from the Wilton Rancheria on August 8, 2023; no responses from other notified Tribes were received as of the close of 30-day response period. See Section 3.18, “Tribal Cultural Resources,” for additional information.
NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
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3.1 AESTHETICS
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
3.1.1 Setting
The Aesthetics setting is provided in the 2016 Initial Study.
3.1.2 Discussion
a) The new BDPS would be visible from the adjacent path connecting Sunset Park to Marsh Creek but would not be visible from any designated scenic routes and would not adversely affect any community views of Mount Diablo or the ridgelines from scenic routes or public spaces. The realigned path would traverse the same terrain and views of the surrounding area would be similar to existing conditions. Therefore, the Proposed Project would have no impact on a scenic vista. This conclusion is consistent with the 2016 Initial Study impact determination.
b) There are no designated scenic highways in the Proposed Project area, and no rock outcroppings or historic buildings or structures would be affected by the new BDPS or realigned path. Therefore, the Proposed Project would have no impact on scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. This conclusion is consistent with the 2016 Initial Study impact determination.
a) The Proposed Project is located at the edge of the urbanized area of the city, with agricultural land to the east. There is only limited visibility of the Proposed Project area from nearby Elkins Way. The new BDPS would be immediately adjacent to the existing WWTP site and would be of similar character and height to the other WWTP treatment units and buildings.
Furthermore, the Proposed Project components would not substantially change or block any views in the area from public spaces. The realigned path would traverse the same terrain and views of the surrounding area would be similar to existing conditions. Therefore, the Proposed Project would have a less-than-significant impact on the existing visual character
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and quality of the site and its surroundings and would not conflict with applicable zoning and other regulations governing scenic quality. This conclusion is consistent with the 2016 Initial Study impact determination.
b) The new BDPS units may include a small amount of additional security lighting. However, the new units would not be expected to appreciably change any existing glare or lighting conditions because the visibility of the site from residential areas and public spaces and roadways is limited. Therefore, the Proposed Project would have a less-than-significant impact on day or nighttime views in the area. This conclusion is consistent with the 2016 Initial Study impact determination.
3.2 AGRICULTURE AND FOREST RESOURCES
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
3.2.1 Setting
The Agricultural and Forest Resources setting is provided in the 2016 Initial Study.
3.2.2 Discussion
a-e) The site where the BDPS facilities would be constructed is designated in the General Plan as public facilities. No aspect of construction or operations of the new BDPS or realigned path would adversely affect, or directly or indirectly cause or contribute to conversion of agricultural or forestry resources to other land uses. Therefore, the Proposed Project would have no impact on Farmland, existing zoning for agricultural use, a Williamson Act contract, or forest land. This conclusion is consistent with the 2016 Initial Study impact determination.
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3.3 AIR QUALITY
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
3.3.1 Setting
The Proposed Project site is in the eastern portion of Contra Costa County, California, which is within the San Francisco Bay Area Air Basin. Ozone and particulate matter (i.e., respirable [PM10] and fine [PM2.5]) are the primary pollutants of concern within the county. Contra Costa County is designated by California as a “non-attainment” for ozone, PM10, and PM2.5, and either as “attainment” or “unclassified” for other pollutants (California Air Resources Board 2022).
Additionally, the county is categorized as “marginal non-attainment” for the 8-hour ozone standard, “other non-attainment” for the 1-hour ozone standard, “moderate non-attainment” for the PM2.5 standard, and “attainment” for the PM10 standard (U.S. Environmental Protection Agency 2015). Additional Air Quality setting details are provided in the 2016 Initial Study.
Additional Air Quality setting is provided in the 2016 Initial Study.
3.3.2 Discussion
a) As described in the 2016 Initial Study, the Proposed Project would not result in any regional population growth beyond that planned in the City’s General Plan. Therefore, the Proposed Project would have a less-than-significant impact on implementation of an applicable air quality plan. This conclusion is consistent with the 2016 Initial Study impact determination. b) As described in the 2016 Initial Study, construction and operation of the Proposed Project would result in emissions of criteria air pollutants and precursors, including reactive organic gases (ROG), oxides of nitrogen (NOX), PM10, and PM2.5.
As described above in Section 2.5, Construction Methods, the Proposed Project would not use unique construction equipment not considered in the 2016 Initial Study and would not result in additional peak day construction equipment use, hauling trips, or construction workforce compared to that assessed in the 2016 Initial Study. Therefore, based on the analysis presented in the 2016 Initial Study, the Proposed Project construction-related emissions would be less than BAAQMD thresholds of significance.
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Data supplied by the BDPS vendor shows that the amounts of ROG, NOx, PM10, and PM2.5 generated during operations would differ from that presented in the 2016 Initial Study.
Table 1 summarizes the modeled emissions of criteria air pollutants and ozone precursors identified in the 2016 Initial Study for the Proposed Project with the Solids Dryer Option.
Table 1 also presents emissions data for the Proposed Project modified to include the BDPS units. While the BDPS units would generate more ROG, NOx, PM10, and PM2.5 than modeled for the 2016 Initial Study, operations-related emissions would still be less than BAAQMD thresholds of significance.
Table 1. Summary of Average Daily Emissions of Criteria Air Pollutants and Precursors for Proposed Project Operations (lb/day).
Project Parameter a
Average Daily
Emissions Threshold
of Significance
2016 Initial Study
Proposed Project with
Solids Dryer Option a
Proposed Project with
BDPS Units
Exceeds
Threshold?
Reactive organic gases (ROG) 54 1.1 16.3 No
Oxides of nitrogen (NOx) 54 6.6 19.6 No
PM10 82 0.6 0.6 No
PM2.5 54 0.6 0.6 No
BDPS = biosolids dryer and pyrolysis system; lb/day = pounds per day a See 2016 Initial Study for detail on model inputs, assumptions, and project-specific modeling parameters.
Therefore, maximum emissions estimates for the Proposed Project would result in a lessthan-significant impact on the cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard. This conclusion is consistent with the 2016 Initial Study impact determination.
Even though the Proposed Project would have less-than-significant impact on criteria pollutants, the BAAQMD’s 2022 CEQA Guidelines require that, in order for a project to have less-than-significant criteria air pollutant impact related to construction-related fugitive dust emissions, it must implement all the district’s basic best management practices (BMPs).
Therefore, these BMPs are incorporated into the Proposed Project as Mitigation Measure AQ-1. This is a new mitigation measure relative to the 2016 Initial Study.
MITIGATION MEASURE AQ-1. BASIC BEST MANAGEMENT PRACTICES FOR CONSTRUCTION-RELATED FUGITIVE DUST EMISSIONS.
Note: this is a new mitigation measure.
B-1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
B-2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
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B-3. All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
B-4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
B-5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
B-6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
B-7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
B-8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted wood chips, mulch, or gravel.
B-9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations. c) As described in the 2016 Initial Study, nearby residences and day-care facilities are located over 1,000 feet from on-site construction activities, while potential receptors at the Sunset Park Athletic Complex would be within 200 feet of construction activity. Considering the highly dispersive properties of diesel PM, the relatively low mass of diesel PM emissions that would be generated during project construction, and the temporary nature of construction activities, construction-related emissions would not expose sensitive receptors to an incremental increase in cancer risk that exceeds 10 in one million or a hazard index greater than 1.0. Additionally, emissions from Proposed Project construction would not exceed applicable thresholds, as discussed above under “b).” Furthermore, Proposed Project operations would not expose sensitive receptors to an incremental increase in cancer risk that exceeds 10 in one million or a hazard index greater than 1.0, as explained in the 2016 Initial Study. Therefore, emissions from Proposed Project construction and operations would have a less-than-significant impact on sensitive receptors. This conclusion is consistent with the 2016 Initial Study impact determination.
d) The Proposed Project would not involve construction or operation of any major odor sources.
Therefore, the Proposed Project would have a less-than-significant impact on a substantial number of people due to other emissions, such as odors. This conclusion is consistent with the 2016 Initial Study impact determination.
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3.4 BIOLOGICAL RESOURCES
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
3.4.1 Setting
The Biological Resources setting is provided in the 2016 Initial Study. Because the Proposed Project now includes construction on approximately 4 acres of land not previously assessed, a supplemental database search and reconnaissance survey were conducted for presence of habitat and occurrence of species in the vicinity of areas to be affected by construction activities.
Additional documents reviewed and analyzed included:
• California Natural Diversity Database (California Department of Fish and Wildlife 2023); • USFWS Information for Planning and Consultation Database (USFWS 2023); • California Native Plant Society Inventory of Rare and Endangered Plants of California (California Native Plant Society 2023); and
• East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCCHCP) (Jones and Stokes 2006).
Reconnaissance surveys were conducted on May 30, 2023, for presence of habitat and occurrence of species in the vicinity of areas to be affected by construction activities. Vegetation
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communities were assessed in the field based on observed plant species composition. Vegetation communities were classified based on A Manual of California Vegetation (Sawyer et al. 2011) and cross-referenced with wildlife habitat types as classified in California Statewide Wildlife Habitat Relationships System (Mayer and Laudenslayer 1988). A wetland delineation field survey was conducted on June 8, 2023, based on the finding of water and wetland-obligate plants during the May 30, 2023, survey. The wetland delineation field survey determined the source of water was a leaking water supply tank from an adjacent property. Therefore, no wetlands are present on the project site. The results of the reconnaissance surveys and literature review are summarized in Appendix B.
The assessment of potential effects of the Proposed Project is conducted for those species identified in the 2016 Initial Study and Appendix B as having the potential to occur in the project area and be affected by one or more aspects of the project construction activities or operations.
3.4.2 Discussion
a) The Proposed Project, with the modifications described in Section 2, “Project Description,” expands the area of affect to include approximately 4 acres immediately adjacent to and east of the WWTP, where the site is characterized as an annual grassland dominated by nonnative grasses and forbs. The following summarizes the impact determinations and whether the modifications to the Proposed Project would result in additional impacts or require additional mitigation measures to reduce impacts to less than significant. The 2016 Initial Study contains separate discussions for construction-related and operations-related impacts to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Hence, the discussion below presents construction-related impacts followed by operations-related impacts.
Construction-Related Impacts
The 2016 Initial Study identified potentially significant impacts from construction activities on the special-status species listed below.
• Special-status plant species, including, but not limited to large flowered fiddleneck (Amsinckia grandiflora), big tarplant (Blepharizonia plumosa), and diamond-petaled poppy (Eschscholzia rhombipetala), could be adversely affected by ground disturbance (e.g., grading and excavation). Mitigation Measures BIO-1, BIO-2, and BIO-3 are included in the 2016 Initial Study to reduce impacts to less than significant. • Special-status amphibians or reptiles, including habitat for California tiger salamander, silvery legless lizard, California horned lizard, giant garter snake, and San Joaquin whipsnake, could be disturbed by construction activities or adversely affected by stormwater runoff from construction areas. Mitigation Measures BIO-1, BIO-2, BIO-4, and HWQ-1 are included in the 2016 Initial Study to reduce impacts to less than significant.
• Nesting or foraging birds, including nesting, burrowing, and foraging habitat for the burrowing owl, foraging habitat for the Swainson’s hawk and golden eagle, and nesting
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and foraging habitat for other special-status bird species, could be disturbed by construction activities or adversely affected by stormwater runoff from construction areas. Mitigation Measures BIO-1, BIO-2, BIO-5, BIO-6, and HWQ-1 are included in the 2016 Initial Study to reduce impacts to less than significant. • Special-status mammals, including habitat for the American badger and foraging habitats for special-status bats, could be disturbed by construction activities. The 2016 Initial Study includes Mitigation Measures BIO-1, BIO-2, and BIO-7 to reduce potential American badger impacts to less than significant, and Mitigation Measure BIO-1 to reduce the impact to special-status bats to less than significant. • Special-status fish that occur in lower Marsh Creek, including fall-run Chinook salmon (Oncorhynchus tshawytscha), could be adversely affected by stormwater runoff from construction areas. Mitigation Measure HWQ-1 is included in the 2016 Initial Study to reduce the impact to less than significant.
Based on the supplemental database search and reconnaissance survey for presence of habitat and occurrence of species in the vicinity of the project area, documented in Appendix B, the species potentially affected by construction activity is largely the same, but there are a few differences in the reptiles and mammals affected. The Coast horned lizard (a special-status reptile), rather than the California horned lizard, has the potential to be affected by construction activity. Also, the ringtail (a special-status mammal) has the potential to be affected by construction activity. Finally, because there is the potential for bat roosts to be disturbed during construction in the new project area, Mitigation Measure BIO-8, Bats, has been included to reduce impacts to bats to less than significant, and Mitigation Measure BIO9 has been included to reduce impacts to ringtail to less than significant.
The mitigation measures below would reduce impacts from Proposed Project construction to special-status species to less than significant with mitigation. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE BIO-1. GENERAL CONSTRUCTION MEASURES.
All contractors and equipment operators will be made aware of the ecological values of the site, and will be given instructions to comply with all mitigation measures.
Construction activities will be limited to a designated work area (including the work corridor and staging areas). The work area will be clearly identified and will be staked and flagged where necessary prior to initiation of construction activities. This will include flagging of riparian and wetland habitats in the vicinity of work areas to ensure their avoidance and protection.
All construction activities, including site preparation and development, will be restricted to daytime hours between 6 a.m. and 5 p.m. on weekdays and non-holidays unless weekend work is unavoidable.
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MITIGATION MEASURE BIO-2. PARTICIPATION IN THE ECCCHCP.
The City will participate in the ECCCHCP for the Proposed Project, if applicable to the work sites, to mitigate any potential impacts to special-status species covered under the ECCCHCP. This coverage will allow the City to minimize and compensate for potential effects resulting from construction- and operation-related activities associated with the Proposed Project through implementation of all applicable conservation measures and compensation mechanisms of the ECCCHCP.
The City will conduct Planning Surveys, as necessary, according to the species-specific protocols contained in Section 6.3.1 of the ECCCHCP and will complete an Application Form and Planning Survey Report.
To compensate for unavoidable project-related effects the City will pay either the applicable fee or dedication of land in lieu of the fee as described in Chapter 9, Funding, and in Brentwood Ordinance number 850
MITIGATION MEASURE BIO-3. SPECIAL-STATUS PLANTS.
On suitable land cover types under the ECCCHCP, the City will conduct special-status plant surveys using approved CDFW/USFWS methods during the appropriate season for identification of covered and no take plant species, as well as any additional specialstatus plant species not covered under the ECCCHCP.
If ECCCHCP-covered special-status plant species are found in the construction areas, the City would implement all applicable conditions on covered activities under the ECCCHCP including Conservation Measure 1.11 “Avoid Direct Impacts on Extremely Rare Plants” and Conservation Measure 3.10 “Plant Salvage when Impacts are Unavoidable.” If special-status plant species that are not covered by the ECCCHCP are discovered, mitigation measures to reduce impacts to less-than-significant levels would be developed in consultation with appropriate resource agencies.
MITIGATION MEASURE BIO-4. SPECIAL-STATUS AMPHIBIANS AND REPTILES.
Note: this mitigation measure has been changed from BIO-4 in the 2016 Initial Study to refer to Coast horned lizard, rather than California horned lizard.
The City will implement pre-construction surveys, as necessary per the ECCCHCP, for California tiger salamander, silvery legless lizard, western pond turtle, Coast horned lizard, giant garter snake, and San Joaquin whipsnake in annual grassland habitat for the construction areas at the WWTP.
Surveys will be implemented in accordance with methods described in Section 6.4.3 of the ECCCHCP.
If any ECCCHCP -covered species are found (California tiger salamander, silvery legless lizard, western pond turtle, and giant garter snake), all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees of the ECCCHCP will be implemented.
If any special-status species not covered by the ECCCHCP (California horned lizard and San Joaquin whipsnake) are discovered, measures to reduce impacts to less-thansignificant levels would be developed in consultation with CDFW.
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MITIGATION MEASURE BIO-5. BURROWING OWLS.
The City will implement pre-construction surveys for burrowing owls or burrows at proposed construction sites with potential habitat in accordance with methods described in Section 6.4.3 of the ECCCHCP.
If the burrowing owls nests or burrows are discovered in the work areas, all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees for this species in the ECCCHCP will be implemented.
MITIGATION MEASURE BIO-6. OTHER SPECIAL-STATUS BIRDS.
If construction activities are scheduled to occur between February 15 and September 15, preconstruction surveys will be conducted at proposed construction sites within 30 days prior to any such activities to determine whether any nests of special-status birds are present. A qualified biologist will search within 1000 feet of sites for raptor nests, and within 250 feet of sites for passerine nests. Biologists will conduct a visual and aural search of the survey area on foot, using binoculars to scan tree tops for the presence of raptor nests.
If any nests are identified, measures to reduce impacts to less-than-significant levels, such as species-specific buffers, would be developed in consultation with appropriate resource agencies (CDFW and/or USFWS).
MITIGATION MEASURE BIO-7. AMERICAN BADGER.
The City will implement pre-construction surveys for American badgers or their burrows at proposed construction areas with potential habitat in conjunction with burrowing owl surveys.
If any American badgers and/or burrows are found, measures to reduce impacts to lessthan-significant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented.
MITIGATION MEASURE BIO-8. BATS.
Note: this is a new mitigation measure to address potential additional effects to bats.
The City will implement pre-construction surveys for bats roosts at proposed construction areas with potential habitat in conjunction with burrowing owl surveys.
If any bat roosts are found, measures to reduce impacts to less-than-significant levels would be developed in consultation with CDFW, and/or mitigation fees for covered bat species in the ECCCHCP will be implemented.
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MITIGATION MEASURE BIO-9. RINGTAIL.
Note: this is a new mitigation measure to address potential additional effects to ringtail.
The City will implement pre-construction surveys for ringtail and their burrows at proposed construction areas with potential habitat in conjunction with burrowing owl surveys.
If any ringtail or ringtail burrows are found, measures to reduce impacts to less-thansignificant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented.
Operations-Related Impacts
The 2016 Initial Study provides detailed analysis demonstrating that Proposed Project operations would have a less-than-significant impact on any candidate, sensitive, or specialstatus species. The Proposed Project modification to include the BDPS units at the proposed location adjacent to the WWTP would not affect the quality or quantity of effluent discharged to Marsh Creek. Moreover, the BDPS would result in reduced truck trips to and from the facility. It also would not substantially alter the noise or light levels associated with the WWTP. Therefore, the Proposed Project operations would continue to have a less-thansignificant impact on candidate, sensitive, and special-status species. This conclusion is consistent with the 2016 Initial Study impact determination. b) There is no riparian habitat or other sensitive natural communities in the construction area.
The Proposed Project modification to include the BDPS units at the proposed location adjacent to the WWTP would not affect the quality or quantity of effluent discharged to Marsh Creek. Therefore, the Proposed Project would continue to have a less-thansignificant impact on riparian habitats. This conclusion is consistent with the 2016 Initial Study impact determination.
c) No project construction or operations would occur directly in any federally protected wetlands as defined by Section 404 of the Clean Water Act. Therefore, the Proposed Project would have no impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. This conclusion is consistent with the 2016 Initial Study impact determination. d) As described in the 2016 Initial Study, there are no known migratory wildlife corridors or native wildlife nursery sites in the project area. However, construction activities could temporarily affect the movement of native resident or migratory wildlife that may be present.
Mitigation Measure BIO-1 would minimize the potential effects by restricting all projectrelated activities to the defined work area and limiting construction to daylight hours. The Proposed Project modification to include the BDPS units at the proposed location adjacent to the WWTP would not affect the quality or quantity of effluent discharged to Marsh Creek.
Therefore, the Proposed Project would have a less-than-significant impact on the movement of migratory fish and wildlife species and on established native resident and migratory wildlife corridors, and use of native wildlife nursery sites. This conclusion is consistent with the 2016 Initial Study impact determination.
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e) The City does not have a Tree Preservation ordinance. However, Contra Costa County has a Tree Preservation Ordinance that provides for the preservation of certain protected trees in unincorporated areas of the county. Specifically, the county Tree Preservation Ordinance protects indigenous trees, including Valley Oak, that are adjacent to or part of a riparian, foothill woodland or oak savanna area, or part of a stand of four or more trees, measuring twenty inches or larger in circumference (approximately 6.5 inches in diameter) as measured four and one-half feet from ground level (also referred to as “diameter at breast height”).
Because the two Valley Oak trees to be removed are not adjacent to or part of a riparian, foothill woodland or oak savanna area, or part of a stand of four or more trees, or measure twenty inches or larger in circumference, removal of these two trees would not conflict with the Contra Costa Tree Preservation Ordinance and there would be no impact. This conclusion is consistent with the 2016 Initial Study impact determination. f) The City would participate in the ECCCHCP for the Proposed Project. This coverage would allow the City to minimize and compensate for potential effects resulting from constructionand operation-related activities associated with the Proposed Project. Therefore, the Proposed Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan and there would be no impact. This conclusion is consistent with the 2016 Initial Study impact determination.
3.5 CULTURAL RESOURCES
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries?
3.5.1 Setting
Efforts to identify cultural resources in the project area consist of investigations in 2014 and 2016, documented in the 2016 Initial Study, Section 3.5, “Cultural Resources.” Additional research and surveys were completed in July 2023 by Natural Investigations Company (Sacramento, CA) for preparation of this Supplemental Initial Study (Natural Investigations Company 2023).
A California Historical Resources Information System records search was conducted by the Northwest Information Center to determine whether prehistoric or historic cultural resources are previously recorded in the boundaries of the Proposed Project and surrounding area, the extent to which the Proposed Project site and surrounding area have been previously surveyed, and the number and type of cultural resources within a 0.25-mile radius of the Proposed Project. The
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archival search of the archaeological and historical records, national and state databases, and historic maps included the following sources.
• National Register of Historic Places: listed properties • California Register of Historical Resources: listed resources • Historic Property Data File for Solano County
• Archaeological Determinations of Eligibility
• Built Environment Resources Directory
• California Inventory of Historical Resources
• California Historical Landmarks
• California Points of Historical Interest
• Historical Bureau of Reclamation General Land Office land plat maps The records search identified three previous surveys in the Proposed Project area limits but did not identify any previously recorded cultural resources in it. In addition, the records search identified nine previous surveys and two previously recorded cultural resources in the 0.25-mile radius of the Proposed Project area limits.
A Sacred Lands File search with the Native American Heritage Commission (NAHC) found no sensitive Native American cultural resources in the Proposed Project area. The NAHC provided contact information for tribal members and organizations affiliated with the region and recommended that they be contacted for more information on the potential for Native American cultural resources within or near the Proposed Project area limits. The tribal members and organizations were contacted via letter and phone, and no comments regarding the Proposed Project were received (Natural Investigations Company 2023).
A pedestrian surface survey of the area where the BDPS units and realigned path would be located was conducted on June 28, 2023. The pedestrian survey examined the area for cultural material (e.g., flaked stone tools, toolmaking debris, stone milling tools, or fire-affected rock), soil discoloration that might indicate the presence of a cultural midden, soil depressions and features indicative of the former presence of structures or buildings (e.g., postholes, foundations), or historic-era debris (e.g., metal, glass, ceramics). The pedestrian survey did not identify any prehistoric or historic sites or artifacts or any evidence to suggest the presence of buried deposits of cultural resources. On the contrary, the pedestrian survey identified that the Proposed Project area is previously disturbed by construction of asphalt trails and installation of buried infrastructure (Natural Investigations Company 2023).
3.5.2 Discussion
a) Based on the negative results of the California Historic Resources Information System search and Native American outreach efforts, as well as the negative findings of the field survey, there is no indication that the Proposed Project would impact any historical resources as defined under CEQA Section 15064.5. Therefore, the Proposed Project would have no
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impact on historical resources. This conclusion is consistent with the 2016 Initial Study impact determination.
b) Temporary construction activities for the Proposed Project would involve ground disturbing activities, including grading, and could involve excavations to an estimated maximum depth of about six feet below ground surface for underground utility installations (e.g., pipes) and facility foundations. No archaeological resources pursuant to CEQA Section 15064.5 were identified within the Proposed Project area limits through the database record searches or the field survey. However, construction activities have the potential to encounter buried archaeological resources as the lack of surface indications does not always ensure that there are no buried sites, features, or objects of significance. Buried archaeological resources may include but are not limited to deposits of stone, bone and shell artifacts, dark gray “midden” sediments, historic trash deposits, and stone or adobe foundations. Therefore, the Proposed Project could have a potentially significant impact on archaeological resources. With implementation of Mitigation Measure CULT-1, this impact would be less than significant with mitigation. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE CULT-1. ACCIDENTAL DISCOVERY OF ARCHAEOLOGICAL RESOURCES.
Note: this mitigation measure has been revised to provide specificity regarding where work can and cannot occur in the event of discovery of potential archaeological resources.
If any prehistoric or historic artifacts, or other indications of archaeological resources such as unusual deposits of stone, bone or shell, stone artifacts, or historic trash deposits or foundations are discovered once ground-disturbing activities are underway, work shall be halted within 50 feet of the find(s) and a qualified archaeologist (i.e., an archaeologist that meets the qualifications at 36 CFR Part 61) shall be retained to assess its potential significance. If the find is not significant, then no additional cultural resources investigations are necessary and Project work may resume in the area of the find. If the find is determined to be a historical or unique archaeological resource, contingency funding and a time allotment to allow for implementation of avoidance measures or appropriate mitigation shall be made available, as provided in §15064.5 of the CEQA Guidelines. Work may continue on other parts of the project site while historical or unique archaeological resource mitigation takes place on-site. c) Based on the documentary research described above, no evidence suggests that any prehistoric- or historic-era marked or unmarked human interments are present within or in the immediate vicinity of the project site. However, there is the potential for unmarked, previously unknown Native American or other graves to be present and be uncovered during construction activities. California law recognizes the need to protect historic-era and Native American human burials, skeletal remains, and grave-associated items from vandalism and inadvertent destruction and any substantial change to or destruction of these resources would be a significant impact. Implementation of the Mitigation Measure CULT-2 would reduce this impact to less than significant with mitigation. This conclusion is consistent with the 2016 Initial Study impact determination.
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MITIGATION MEASURE CULT-3. ACCIDENTAL DISCOVERY OF HUMAN REMAINS.
Note: this mitigation measure has been revised to provide specificity regarding where work can and cannot occur in the event of discovery of human remains.
In the event of the accidental discovery or recognition of any human remains, all work within 100 feet of the find shall cease immediately until compliance with the provisions of §15064.5(e)(1) and (2) of the CEQA Guidelines has occurred. The CEQA Guidelines specify that in the event of the discovery of human remains other than in a dedicated cemetery, the Contra Costa County Coroner must be notified to determine if an investigation into the cause of death is required. If the coroner determines that the remains are Native American, then, within 24 hours, the coroner must notify the Native American Heritage Commission, which in turn will notify the most likely descendant who may recommend treatment of the remains and any grave goods. If the Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant fails to make a recommendation within 24 hours after notification by the Native American Heritage Commission, or the landowner or his authorized agent rejects the recommendation by the most likely descendant and mediation by the Native American Heritage Commission fails to provide a measure acceptable to the landowner, then the landowner or his authorized representative shall rebury the human remains and grave goods with appropriate dignity at a location on the property not subject to further disturbances.
3.6 ENERGY
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
3.6.1 Setting
Air Quality regulations, described in the 2016 Initial Study, Section 3.3, “Air Quality,” to reduce emissions also ensure that wasteful, inefficient, or unnecessary consumption of energy resources does not occur by off-road diesel vehicles, such as construction equipment.
3.6.2 Discussion
a,b) Proposed Project construction would involve consumption of energy resources related to use of oil, gasoline, and diesel fuel for construction work vehicle trips, hauling truck trips, materials delivery truck trips, and operation of off-road construction equipment. Diesel equipment would not be operated on each day of construction, so there would be days during the construction period when no use of diesel would occur. Diesel-powered construction
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equipment is regulated by the California Air Resources Board (CARB) In-Use Off-Road Diesel Vehicle Regulation. This regulation is intended to reduce emissions from in-use offroad, heavy-duty diesel vehicles by limiting idling, requiring all vehicles to be reported to CARB, restricting the addition of older vehicles into construction fleets, and retiring, replacing, or repowering older engines. This regulation would result in the use of fuelefficient vehicles during construction of the Proposed Project. Therefore, the Proposed Project would have a less-than-significant impact on energy consumption during project construction or operation, and no impact with respect to conflict with or obstruct a state or local plan for renewable energy and energy efficiency. This is a new impact determination relative to the 2016 Initial Study. The 2016 Initial Study did not address this question because it was not part of the State CEQA Guidelines Appendix G Environmental Checklist at the time of preparation.
3.7 GEOLOGY AND SOILS
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
3.7.1 Setting
The Geology and Soils setting is provided in the 2016 Initial Study.
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3.7.2 Discussion
a, c, d) As discussed in the 2016 Initial Study, there is the potential for facilities to be constructed in areas that contain expansive soils, have elevated risk of liquefaction, or exhibit corrosive soil properties. These properties have potential to compromise the structural integrity of the proposed wastewater treatment unit process structures. Structural failure of the proposed facilities would potentially pose a risk to life, property, and environmental resources. The potential exposure of facilities to seismic hazards and surface soil hazards is a potentially significant impact. This impact would be less than significant with mitigation with implementation of Mitigation Measure GEO-1. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE GEO-1. CONDUCT GEOTECHNICAL INVESTIGATION AND IMPLEMENT RECOMMENDED MEASURES.
The City will conduct a geotechnical investigation for the Proposed Project that evaluates site-specific conditions related to the potential for ground rupture, risk to features due to ground shaking, risk of soil liquefaction, and risk of expansive soils. Based on subsurface conditions, the proposed facilities will be designed to withstand the effects of strong ground shaking and the effects of soil liquefaction.
Based on the results of the geotechnical investigation, the City and its contractor(s) will be responsible for implementing the design specification and performance criteria according to Uniform Building Code (UBC) the City’s Seismic Hazards policies for pipeline construction, trenching, backfill materials, and other recommendations. b) The temporary construction-related activities have the potential to result in localized and temporary soil erosion, in particular when exposed to rainfall and stormwater runoff events on a seasonal basis during the winter rainfall period. However, the Proposed Project would not involve any operations-related activities that would cause or contribute to any long-term soil erosion. The potential for temporary construction-related erosion is considered a potentially significant impact. Mitigation Measure HWQ-1 is identified in Section 3.9, “Hydrology and Water Quality,” and would require the City and general contractor(s) for the Proposed Project to implement construction-related erosion and stormwater management measures. This impact would be less than significant with mitigation with implementation of Mitigation Measure HWQ-1. This conclusion is consistent with the 2016 Initial Study impact determination.
e) The Proposed Project would not contribute to use of septic tanks or alternative wastewater disposal systems. Therefore, there would be no impact on soils utilized for septic tanks or alternative wastewater disposal systems. This conclusion is consistent with the 2016 Initial Study impact determination.
f) As described in the 2016 Initial Study, excavation into older Pleistocene units has the potential to encounter vertebrate fossils, which would be a potentially significant impact on paleontological resources. This impact would be less than significant with mitigation with
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implementation of Mitigation Measure CULT-21. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE CULT-2. ACCIDENTAL DISCOVERY OF PALEONTOLOGICAL RESOURCES.
A qualified professional paleontologist shall periodically monitor excavations to check for fossils that may be unearthed. If vertebrate fossils (e.g., teeth, bones) are unearthed by the construction crew anywhere on the project, the finds should be set aside and all excavation activity cease at the specific place of discovery until the paleontologist has assessed the find and, if deemed significant, salvaged the find in a timely manner. The decision to conduct paleontological salvage operations will be determined by the paleontologist in consultation with city staff. Work may proceed on other parts of the project while assessment and/or salvage by the paleontologist is underway. Finds determined significant by the paleontologist shall be conserved and deposited with a recognized repository such as the University of California Museum of Paleontology.
3.8 GREENHOUSE GAS EMISSIONS
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
3.8.1 Setting
The Greenhouse Gas Emissions setting is provided in the 2016 Initial Study.
3.8.2 Discussion
a,b) The 2016 Initial Study presents estimates of greenhouse gas emissions (GHGs) generated from construction and operation of the Proposed Project. Based on the modeling conducted, project construction and operation of the Proposed Project with the Solids Dryer Option would have resulted in a maximum increase in emissions of 2,390 metric tons of carbon dioxide equivalents per year (MTCO2e/year) compared to existing conditions. Approximately one-half of the carbon dioxide emissions would have been associated with the use of natural gas for the biosolids dryer. Because the projected emissions level was less than the BAAQMD threshold of significance of 10,000 MTCO2e/year, the 2016 Initial Study concluded project-generated emissions would not result in a cumulatively considerable net 1 In the 2016 Initial Study, the Environmental Checklist question addressing paleontological resources was located under the heading “Cultural Resources.” Hence, this mitigation measure was given the number “CULT-2.” To avoid confusion when implementing the Mitigation Monitoring and Reporting Program, this mitigation measure has the same name as in the 2016 Initial Study even though it is now under the heading “Geology and Soils.”
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increase of GHGs. The 2016 Initial Study also concluded that the Proposed Project would not conflict with GHGs reduction plans.
Table 2 presents the carbon dioxide emissions for each component of the Proposed Project with the BDPS, compared to the emissions from the Proposed Project with Solids Dryer Option. The GHGs from natural gas use to operate the BDPS units would be significantly less than what would have been generated by the Proposed Project with the Solids Dryer Option because the BDPS units use a different technology to process the biosolids. Data supplied by the BDPS vendor shows that each BDPS unit would generate 1,315 MTCO2e/year from biogenic sources (Appendix A). Thus, the two proposed BDPS units combined would generate 2,630 MTCO2e/year from biogenic sources. Carbon dioxide emissions from biogenic sources are emissions resulting directly from the combustion, decomposition, or processing of biologically based materials other than fossil fuels.
Emissions from biogenic sources are considered carbon neutral because the carbon dioxide being emitted was originally removed from the atmosphere. Therefore, emissions amounts are shown in Table 2 for the total amount from the Proposed Project and the amount from non-biogenic sources.
GHGs generated by the Proposed Project would still be less than the BAAQMD threshold of significance of 10,000 MTCO2e/year. Therefore, the Proposed Project would have a lessthan-significant impact on GHGs and would not conflict with GHGs reduction plans, policies, or regulations. This conclusion is consistent with the 2016 Initial Study impact determination.
Table 2. Change in Greenhouse Gas Emissions for Proposed Project Operations Compared to Existing Conditions (MTCO2e/year).
Project Parameter
2016 Initial Study
Proposed Project with
Solids Dryer Option a
Proposed Project with
BDPS Units
Employee Trips 5 5
Hauling Trips -19 -19
Electricity Use 1,043 1,043
Natural Gas Use 1,298 8
Process Emissions 40 2,670 b,c
Amortized Construction Emissions 23 23
Total Emissions 2,390 3,730
Total Emissions (non-biogenic sources) 2,390 1,100 c
Threshold of Significance 10,000
Exceed Threshold? No No
BDPS = biosolids dryer and pyrolysis system; MTCO2e/year = metric tons of carbon dioxide equivalent emissions per year a See 2016 Initial Study for detail on model inputs, assumptions, and project-specific modeling parameters. b Process emissions include 2,630 MTCO2e/year from the BDPS units from biogenic sources. c Refer to text regarding explanation of biogenic and non-biogenic sources of carbon dioxide.
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3.9 HAZARDS AND HAZARDOUS MATERIALS
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
3.9.1 Setting
The Hazards and Hazardous Materials setting is provided in the 2016 Initial Study.
3.9.2 Discussion
a-g) The Proposed Project does not involve any construction or change in operations that would change the use of any hazardous materials or affect or generate hazardous waste. Therefore, the Proposed Project would have no impact on hazards and hazardous materials. This conclusion is consistent with the 2016 Initial Study impact determination.
3.10 HYDROLOGY AND WATER QUALITY
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
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Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less-thansignificant
impact
No Impact
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in a substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
3.10.1 Setting
The Hydrology and Water Quality setting is provided in the 2016 Initial Study.
3.10.2 Discussion
a) As discussed in the 2016 Initial Study, Proposed Project construction activities could result in the discharge of constituents of concern to receiving waters in the project area (e.g., Marsh Creek and other small streams and drainage channels), which could result in temporary water quality degradation that could be potentially significant. This impact would be less than significant with mitigation with implementation of Mitigation Measure HWQ-1 included in the 2016 Initial Study. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE HWQ-1. IMPLEMENT CONSTRUCTION BMPS FOR WATER QUALITY PROTECTION.
The City, or its designated general contractor, shall obtain authorization of project construction activities under the SWRCB’s NPDES Construction General Permit (Order No. 2009-0009-DWQ/NPDES Permit No. CAS000002, and any applicable amendments), for any activities not subject to exemption from the permit. The Stormwater Pollution and Prevention Plan (SWPPP) prepared for permit will describe the BMPs that will be used to avoid and minimize potential construction-related contaminant discharges at construction sites. Compliance with this mitigation shall be included as a condition of the construction contract(s) between the City and applicable construction contractor(s), and as appropriate, shall additionally be included in final project designs and specifications that
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are prepared for the Proposed Project. The City will be responsible for ensuring that the construction is implemented in accordance with the Construction General Permit.
The 2016 Initial Study also addresses operations-related water quality effects from the Proposed Project and concluded that there could be a potentially significant impact on dissolved oxygen levels in Marsh Creek. Therefore, the 2016 Initial Study included Mitigation Measure HWQ-2 to reduce this water quality impact to less than significant. The Proposed Project modifications addressed by this Supplemental Initial Study would not affect the WWTP processes or treated wastewater quality relative to that described in the 2016 Initial Study. Therefore, the Proposed Project would still have a less-than-significant impact with mitigation. This conclusion is consistent with the 2016 Initial Study impact determination.
MITIGATION MEASURE HWQ-2. DISSOLVED OXYGEN EVALUATION AND CONTROL MEASURES.
Upon initiation of increased recycled water deliveries for the Proposed Project, the City shall evaluate Marsh Creek for adverse DO-related effects to the fish community, and implement control measures, if necessary. During periods when recycled water is being distributed from the WWTP during the mid-summer months (i.e., July and August), and background Marsh Creek streamflow levels are low, the City will monitor receiving water DO to determine whether DO falls to levels that may result in adverse effects to fish and invertebrates within lower Marsh Creek. If potentially adverse DO levels are observed from monitoring, the City will implement fish and invertebrate surveys upstream and downstream of the WWTP discharge to determine whether actual adverse effects (e.g., reduced species diversity, change in expected community structure, loss of sensitive organisms) are occurring. Should adverse effect be identified through field surveys that are determined to be attributable to the reduced effluent discharge, the City shall implement corrective measures to substantially reduce or eliminate the adverse effects. Such corrective measures include, but may not be limited to, reducing the amount of water used for recycled water irrigation.
b) As discussed in the 2016 Initial Study, the original Proposed Project involved construction activity on approximately 4 acres of existing earthen areas within the existing WWTP site to erect the new treatment unit processes. With the project modifications described in Section
2.4, Project Components, the area affected within the existing WWTP is reduced by approximately one-half acre to 3.5 acres. The addition of approximately 4 acres of new impervious surfaces to the WWTP for the BDPS units would make the total area affected by construction activities approximately 7.5 acres. New impermeable surfaces may reduce the potential for groundwater recharge at a site. However, the new amount of impervious area is small relative to the project area and available region-wide groundwater recharge areas.
Therefore, the minor potential reduction in groundwater recharge as a result of the Proposed Project would not measurably affect groundwater hydrology. Therefore, the Proposed Project would have a less-than-significant impact on groundwater supplies and groundwater recharge. This conclusion is consistent with the 2016 Initial Study impact determination. c) Neither the construction nor operation of the Proposed Project would substantially alter the existing drainage patterns at the site and there would be no changes made to any constructed