Brentwood City Council
July 1, 2025

JULY 1, 2025, 6:00 PM

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

THE PUBLIC IS PERMITTED TO SPEAK ONLY ON ITEMS LISTED ON THE SPECIAL MEETING AGENDA

HOW PARTICIPATE
The public is invited to participate in the Special City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Please use the Raise Your Hand feature in Zoom to speak under Public Comments.
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL/SUCCESSOR AGENCY SPECIAL MEETING AGENDA
Zoom Webinar ID: 760 1397 0037

July 1, 2025, 6:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
The public is permitted to speak only on items that are listed on the Consent Calendar.

In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.

Members of the public wishing to speak during the public discussion of items that are on the agenda are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker.

All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate an agreement with previous speakers. Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker during regular City business hours.

In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.

D. CONSENT
D.1 Meeting Minutes of the City Council
Special City Council Meeting of June 10, 2025
D.2 Proclamation recognizing July 2025 as Parks and Recreation Month By Proclamation, recognize July 2025 as Parks and Recreation Month.

D.3 Review and consider amending Council/Administrative Policy No. 10-5, Budget and Fiscal Policy (“Policy”)
Title/Recommendation
Council/Administrative Policy No. 10-5, Budget and Fiscal Policy (“Policy”) requires a review of the Policy at least every two years. Any recommended changes to the Policy must be considered by the City Council at a public meeting and staff is recommending that the City Council adopt a Resolution to amend the Policy.

D.4 License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood
Title/Recommendation
Staff recommends the City Council adopt a resolution approving and authorizing the City Manager, or designee, to execute a License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood (“License Agreement”), for joint use of Contra Costa County Flood Control and Water Conservation District property as recreational areas.

D.5 Award Agreements for Professional Services with On-Call Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Land Surveying Services Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute oncall agreements for professional services for Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Land Surveying Services in an amount not-to-exceed $200,000 per agreement for Fiscal Year 2025/26; and approving and authorizing the City Manager or designee to execute up to two additional one-year extensions for these agreements in a not-to-exceed amount of $200,000 per agreement, per fiscal year, and allow for additional revisions to the agreements, in consultation with the City Attorney.

D.6 Reimbursement Agreement with Meritage Homes for Master Planned Improvements (Subdivision No. 9574, Hanson Lane)
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Meritage Homes (“Developer”) regarding Subdivision No. 9574, Hanson Lane, located east of Brentwood Boulevard and south of Lone Tree Way.

D.7 Award a Professional Services Agreement for Geotechnical Observation and Testing Services to Geo-Engineering Services Inc. for the Sand Creek Sports Complex project, CIP Project No. 352-52446
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute a professional services agreement for geotechnical observation and testing services (“Services”) with Geo-Engineering Solutions Inc. in the amount of $124,825.00, plus a 10% contingency amount of $12,482.50, for a total not-to-exceed funding authorization amount of $137,307.50, for the Sand Creek Sports Complex Project, CIP Project No. 352- 52446 (“Project”).

D.8 Approve the Rule 20C contract with PG&E for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701
Title/Recommendation
Adopt a Resolution approving the Rule 20C contract and authorizing the City Manager of their designee to execute the contract with PG&E for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, (“Project”) in an amount not-to-exceed $317,806.78.

D.9 Authorizing the Execution of Agreements and Necessary Documents, for Ongoing and/or Recurring Purchases with Specified Vendors for Fiscal Year 2025/26 ("Over 50's") Title/Recommendation
Adopt a joint Resolution approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, or designees, as appropriate, to execute certain agreements, amendments, purchase orders and/or change orders that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, for legal services and personnel investigative services), for FY 2025/26, after approval as to form by the City Attorney or General Counsel.

E. BUSINESS ITEMS
E.1 2024/25 and 2025/26 Operating Budget amendments; amending the fund balance commitments in the General Fund; and approving the 2025/26 Pay Schedule

Title/Recommendation
Staff recommends the City Council adopt a resolution 1) amending the Fiscal Year (FY) 2024/25 and FY 2025/26 Operating Budgets, 2) amending the FY 2024/25 fund balance commitments in the General Fund and 3) approving the FY 2025/2026 Pay Schedule in accordance with 2 CCR Section 570.5 and authorizing the City Manager or Designee, in consultation with the City Attorney, to make ministerial revisions to it.

E.2 Council approval to implement a lower water rate than previously approved in the FY 2023/24 – 2027/28 Rate Study
Title/Recommendation
The City Council consideration of implementing a lower water rate (4%) than originally contemplated (6.5%) in the FY 2023/24 – 2027/28 Rate Study, for Fiscal Year 2025/26.

E.3 Adopt the City of Brentwood Local Roadway Safety Plan Title/Recommendation
Adopt a Resolution adopting the City of Brentwood (“City”) Local Roadway Safety Plan.

The project is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15262.

F. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On June 26, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 SPECIAL CITY COUNCIL MINUTES
June 10, 2025, 6:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 6:00 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Meyer.

B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

There being no one wishing to speak, Mayor Meyer closed public comments.

D. RECESS TO CLOSED SESSION
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, recessed to Closed Session at 6:02 p.m.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E. BUSINESS ITEMS
E.1 CONFERENCE WITH LABOR NEGOTIATORS
E.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
F. RECONVENE IN OPEN SESSION
Mayor Meyer reconvened the meeting in Open Session at 7:04 p.m. and stated there was nothing to report out from Closed Session.

G. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, moved to adjourn the Special City Council Meeting at 7:04 p.m.

2 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)

PROCLAMATION
WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of Brentwood, and are essential to the well-being of our residents; and
WHEREAS, parks and recreation promote health and wellness, support environmental stewardship, and strengthen community bonds through inclusive spaces and engaging programs; and
WHEREAS, the dedicated professionals and volunteers of Brentwood’s Parks and Recreation Department enhance our quality of life by maintaining safe parks, offering diverse recreational opportunities, and fostering a sense of belonging; and
WHEREAS, the 2025 theme of Parks and Recreation Month, “Build Together, Play Together,” reflects the power of shared experiences and community collaboration in creating vibrant, inclusive spaces for all; and WHEREAS, the City of Brentwood recognizes the vital role parks and recreation play in building stronger neighborhoods and inspiring lifelong memories for individuals and families.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood do hereby proclaim July 2025 as

PARKS AND RECREATION MONTH
and encourages all residents to enjoy, support, and celebrate the benefits of our local parks, trails, and recreational programs as we continue to Build Together and Play Together.

Dated this 1
st day of July, 2025
Susannah Meyer, Mayor

CITY COUNCIL AGENDA ITEM NO. D.3
07/01/2025
SUBJECT: Review and consider amending Council/Administrative Policy No. 10-5, Budget and Fiscal Policy (“Policy”)
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Sonia Agostini, Accounting Manager
Clarissa Domen, Accountant II

TITLE/RECOMMENDATION
Council/Administrative Policy No. 10-5, Budget and Fiscal Policy (“Policy”) requires a review of the Policy at least every two years. Any recommended changes to the Policy must be considered by the City Council at a public meeting and staff is recommending that the City Council adopt a Resolution to amend the Policy.

FISCAL IMPACT
Staff is recommending updates to section 5.8 of the Policy, Parks and Recreation Programs and Facility Rentals, which would have fiscal impacts. The Policy is required to be reviewed every two years and was last reviewed in June 2023.

The first update would add a new reduced cost recovery rate for senior programs estimated to reduce annual General Fund revenues by approximately $600 - $2,350.

However, reduced fees for senior programs may have the impact of increasing participation in the programs, offsetting a portion of the projected revenue loss.

To align with current practice, staff is proposing to lower the required percentage of Brentwood residents in a non-profit organization from 75% to 60% in order to qualify for non-profit facility rental rates. This changes reflects the existing approach already approved by the Parks and Recreation Commission, which uses a 60% residency threshold for determining eligibility for non-profit field rental rates and for prioritization and allocation of sports field reservations.

There is no immediate fiscal impact for this reduction, as the 60% threshold is currently being applied to sport field rentals. However, if the Policy update is not approved, the higher participation rate of 75% may result in a loss of General Fund revenue.

CITY COUNCIL AGENDA ITEM NO. D.3
07/01/2025
For example, at the Sunset Park Athletic Complex, the current price difference between non-profit rates and other rates (resident, non-resident and commercial) ranges from an additional $8.75 – $17.50 per hour. Without qualifying for non-profits rates, local organizations may find rental costs prohibitive and may seek other facilities, including public parks, inside and outside the City.

There is no fiscal impact related to all other recommended changes to the Policy.

BACKGROUND
The City Council was scheduled to consider this item at its June 24, 2025 meeting, which was cancelled for lack of a quorum.

The Policy establishes guidelines for budget development, financial reporting and budget administration and management. The Policy also establishes the City’s fiscal policies for user fee cost recovery goals, fund balance, reserves, internal service funds, Other Post-Employment Benefit funding, appropriations limitation, capital improvement and human resource management. The Policy must be reviewed a minimum of every two years the previous review was completed in June 2023.

Recommended changes to the Policy as summarized below include:

Section 2.8: Update verbiage to clarify guidelines for the Capital Improvement Program budget process.

Section 3: Modify language in the Financial Reporting and Budget Administration section to update both the annual and interim reporting requirements and to provide clarification on CIP budget administration.

Section 5.8: Section 5.8, Non-Profit
Residency Requirement
Current Policy requires that sport organizations must
demonstrate that at least 75% of their participants are Brentwood residents, verified through memberships, rosters, or similar records, to qualify for the non-profit rate for sport fields and to be eligible as a local non-profit organization in the sports field

CITY COUNCIL AGENDA ITEM NO. D.3
07/01/2025
prioritization and allocation process, also known as the “Sport Fields Draft”, where organizations select times and location for use of City fields.

In 2021, staff successfully presented and received approval from the Parks and Recreation Commission to reduce the residency requirement for participation in the Sports Field Draft from 75% to 60%. This created a discrepancy between the Field User Manual and the Policy. Updating the Policy to reflect the 60% residency requirement will correct this inconsistency and ensure priority usage of sport fields continues for local non-profit groups at the non-profit rate.

Benchmarking Comparison
 Walnut Creek, Concord, Danville, San Ramon, and Antioch do not require non-profits to be based in their city—only verification of non-profit status.
 Dublin requires that 51% of members be city residents to receive non-profit rates.
 Pittsburg does not offer a non-profit rate for rentals.

Section 5.8.1, Cost Recovery – Recreation Programs
New Senior Cost Recovery Rate
The Parks and Recreation Department goal is to ensure that the City’s senior residents have affordable access to health and wellness programs. Many seniors in the community are living on fixed incomes and heavily rely on the free services provided (through collaboration and partnership with other organizations), such as the Brown Bag Program and Café Costa. Parks and Recreation also partners with the Brentwood Senior Citizens Club (BSCC), who offer no-cost programs to their members, who pay an annual $25 membership fee.

The cost of participation in fee-based classes put on by the City (i.e. Zumba, Yoga, and mobility classes) remains a barrier for many. As it stands, maintaining affordable programs that meet cost recovery goals (currently set as “Adult Programs”) or meet minimum participation requirements (14 participants) is a threshold that is often not achievable and leads to cancellations,

CITY COUNCIL AGENDA ITEM NO. D.3
07/01/2025
further limiting access. The creation of a “Senior Cost Recovery Rate” would make participation more attainable without relying on infeasible class sizes.

Benchmarking Comparison
 Antioch and Concord have no membership fee, but have
programs ranging from $4.50-$10.50. Both cities have
Senior scholarship programs
 Dublin and Pittsburg have both club
membership/convenience passes along with additional
costs for City programs
 Walnut Creek has club membership for all classes
All other changes to Section 5.8
Updates are recommended to match the services the City
currently provides.

Section 9.0: Changes in the Human Resource Management section are required to ensure compliance with California Government Code Section 20305(a) of the Public Employees Retirement Law, as well as to maintain responsible budget management.

Other proposed changes to the Policy include clarification of verbiage, removal of outdated language and minor formatting updates.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. D.3
07/01/2025

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Modify staff’s recommendation based on City Council direction.

2. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. EXHIBIT A – Council/Administrative Policy No. 10-5, Budget and Fiscal Policy

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 June 27, 2023, the City Council of the City of Brentwood approved Resolution No. 2023-85, amending Council/Administrative Policy No. 10-5, Budget and Fiscal Policies.

RESOLUTION NO. 2025-XX

A RESOLUTION AMENDING COUNCIL/ADMINISTRATIVE POLICY
NO. 10-5, BUDGET AND FISCAL POLICIES
WHEREAS, on June 22, 1993, the City Council passed Resolution No. 93-65, adopting Budget Policy No. 10-5 (the “Policy”), to help insure that the legal restrictions of the budget are complied with and improve the Finance and Information System Department’s ability to regulate cash flows and make investment decisions; and
WHEREAS, from initial Policy adoption date through June 27, 2023, the City Council, by separate resolutions, amended various provisions of the Policy; and WHEREAS, the purpose of the Policy is to establish guidelines for budget development, financial reporting, budget administration and management, and outlines procedures regarding user fee cost recovery goals, fund balance, reserves, internal service funds, Other Post-Employment Benefit funding, appropriations limitation, capital improvement, and human resource management; and WHEREAS, the Policy is proposed to be modified in the manner set forth in the attached Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood has reviewed and considered the revised Policy, as set forth in Exhibit A (attached hereto and incorporated herein) and hereby amends Council/Administrative Policy No. 10-5, Budget and Fiscal Policies, in the manner set forth in Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a special meeting held on the 1
st day of July 2025 by the following vote:

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

1. PURPOSE
The purpose of this policy is to establish guidelines for budget development, financial reporting and budget administration and management, as well as outline the City’s fiscal policies in regard to user fee cost recovery goals, fund balance, reserves, internal service funds, Other Post-Employment Benefit funding, appropriations limitation, capital improvement, and human resource management.

2. POLICY

2.1 BUDGET DEVELOPMENT

2.1.1 Operating Budget Objectives

2.1.1.1 The budget will adhere to the City Council Goals, Objectives and Strategic Initiatives. Through its Financial Plan, the City will link resources with results by:

2.1.1.2 Identifying community needs for essential services.

2.1.1.3 Organizing the programs required to provide these essential services.

2.1.1.4 Establishing program policies and goals, which define the nature and level of program services required.

2.1.1.5 Identifying activities performed in delivering program services.

2.1.1.6 Proposing objectives for improving the delivery of program services.

2.1.1.7 Evaluating the availability of a sustainable revenue source to fund programs.

2.1.1.8 Appropriating the resources required to perform program activities and accomplish program objectives.

2.1.1.9 Using strategic planning to identify organizational priorities translated into goals and objectives.

2.1.1.9.1 Framing budgetary decisions on the basis of results and outcomes linked to the goals and objectives.

2.1.1.9.2 Using performance measures to monitor actual
results and outcomes.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

2.1.1.9.3 Comparing actual and projected results and
outcomes.

2.1.1.9.4 Formally reporting the status of major program goals and objectives to the City Council on an ongoing and
consistent basis.

2.2 Objectives for Funding Public Improvements in Existing Developments, Neighborhoods and Subdivisions

2.2.1 City funding for new or improved public improvements in existing developments, neighborhoods and subdivisions shall be the financial responsibility of the adjacent or benefiting parcels. If the aforementioned improvements are desired by the property owners, then they may enter into a financing mechanism, such as assessment or benefit district that may cover the full costs of the improvements to repay the CityCity’s its full soft and hard costs in a timeframe and an amount that is acceptable to the City.

2.3 Two-Year Budget

2.3.1 The City Council shall adopt a two-year budget for the ensuing two fiscal years no later than June 30.

2.3.2 The Prior to the first year of the two-year budget, the City Council will consider the recommended budget for the two-year period at a duly noticed public meeting. A copy of the budget will be made available at the third floor of City Hall and the City’s website.

2.3.3 Prior to the commencement of the second year of the two-year budget, the City Council will consider changes being recommended for the second year of the two-year budget at a duly noticed public meeting.

2.3.4 The City Council will adopt a resolution appropriating and approving the budget for the two fiscal years.

Benefits identified using a two-year financial plan:

2.3.4.1 Reinforcing the importance of long-range planning for managing the City’s fiscal affairs.

2.3.4.2 Concentrating on developing and budgeting for the accomplishment of significant objectives.

2.3.4.3 Establishing realistic timeframes for achieving objectives.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

2.3.4.4 Creating a pro-active budget that provides for stable operations and assures the City’s long-term fiscal health.

2.3.4.5 Promoting more orderly spending patterns.

2.3.4.6 Reducing the amount of time and resources allocated to preparing annual budgets.

2.3.4.7 Consistency with the City Council’s two-year Strategic Planning process.

2.4 Operating Carryover
Operating program appropriations supported by a Purchase Order or Encumbrance, including Capital Equipment, may be carried over from one budget year to the next with the approval of the Director of Finance and Information Systems, or designee.

2.5 Mid-Year Budget Reviews
The City Council will formally review the City’s fiscal condition, and amend appropriations if necessary, no later than seven months after the beginning of each fiscal year.

2.6 Components of Fund Balance
Pursuant to Government Accounting Standards Board (GASB) 54, the components of Fund Balance are defined as follows:

2.6.1 Nonspendable Fund Balance (inherently nonspendable)

2.6.1.1 Portion of net resources that cannot be spent because of their form (e.g. prepaid items and long-term
receivables).

2.6.1.2 Portion of net resources that cannot be spent because they must legally or contractually remain intact (e.g.
permanent funds).

2.6.2 Restricted Fund Balance (externally enforceable limitations on use)

2.6.2.1 Limitations imposed by creditors, grantors, contributors or laws and regulations of other government agencies.

2.6.2.2 Limitations imposed by law through constitutional provisions or enabling legislation.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

2.6.3 Committed Fund Balance (self-imposed limitations set in place prior to the end of the period)

2.6.3.1 Limitations imposed by the City Council requiring formal action at the same level to remove.

2.6.4 Assigned Fund Balance (limitation resulting from intended use)

2.6.4.1 Intended use of funds for a specific purpose established by the City Council or City Manager.

2.6.4.2 Appropriation of existing fund balance to eliminate a projected budgetary deficit in the subsequent year’s
budget.

2.6.5 Unassigned Fund Balance (residual net resources)

2.6.5.1 Total fund balance in the general fund in excess of nonspendable, restricted, committed, and assigned fund balance (i.e. surplus).

2.6.5.2 Excess of nonspendable, restricted, and committed fund balance over total fund balance (i.e. deficit).

2.7 Balanced Budget
The City will maintain a balanced General Fund budget over the two-year period of the Financial Plan. This means that:

2.7.1 Each fiscal year, current revenues must meet or exceed operating expenditures, including debt service in the General Fund. Use of fund balance commitments to offset non-operating expenditures may allow for current expenditures to exceed current revenues in a fiscal year.

2.7.2 Staff will present a General Fund budget for City Council consideration that maintains an Unassigned Fund Balance of 30% of the annual operating appropriations and operating transfers.

2.7.3 The City will strive to maintain cash reserves in the Enterprise Funds of 30% of annual operating appropriations and operating transfers.

2.7.4 One-time revenue sources, exclusive of Pension/Other Post-Employment Benefits (OPEB) Obligation Fund transfers, are not to be utilized to budget for ongoing program expenditures in the General Fund.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

2.8 Capital Improvement Program (CIP) Budget
Pursuant to Government Code Section 66002(b), which requires that a Capital Improvement Program (CIP) be adopted at a noticed public hearing, the City Council will annually conduct a public hearing to consider the CIP and associated budget for adoption of the CIP and the associated budget for the first fiscal year expenditures and revenues., with the exception for mMulti-yYear projects per section 2.8.7 of this policy. Notice of the hearing shall be given pursuant to Government Code Section 65090. A copy of the budget will be made available at the third floor in the lobby of City Hall and on the City’s website.

2.8.1 CIP Purpose
The purpose of the CIP is to systematically plan, schedule and finance capital projects to ensure cost-effectiveness as well as conformance with established policies. The CIP is a five-year plan organized into the same functional groupings used for the operating programs. The intent of the CIP is to reflect a balance between: 1) capital replacement projects, which repair, replace or enhance existing facilities, equipment or infrastructure and 2) capital facility projects, which significantly expand or add to the City’s existing fixed assets.

2.8.2 Capital Project
The City’s capitalization threshold for fixed assets is $10,000, however not all capital asset purchases are included in the CIP as a capital project. For purposes of the CIP, aA capitalcapital project typically involves the purchase or construction of major fixed assets such as land, buildings and any permanent improvement including additions, replacements and major alterations having a long life expectancy. Additionally, capital projects may apply to: 1) expenditures which take place over two or more years and which require continuing appropriations beyond a single fiscal year; 2) systematic acquisitions over an extended period of time or 3) scheduled replacement or maintenance of specific elements of physical assets. Generally, only those items costing $10,000 or more are considered as capital projects.

2.8.3 Project Manager
Every CIP project will have a Project Manager (PM). PMs submit project proposals to the CIP Executive Committee based on perceived need and feasibility of the project, as well as projects designated as part of the City’s two-year Strategic Plan. PMs also manage approved projects by authorizing all project expenditures, ensuring that all regulations and laws are observed, and periodically reporting project status.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

2.8.4 CIP Executive Committee
The CIP Executive Committee, made up of the City Manager, the Director of Engineering/City Engineer and the Director of Finance and Information Systems, workin consultation with project managersPMs and Finance staff, to evaluate and prioritize proposed projects based on needCity Council priorities, infrastructure needs and available funding. Prioritized projects are then compared to available staffing and dollars and as many projects as feasibly possible are recommended for funding, either fully or partially, with any remaining projects designated as unfunded.

2.8.5 CIP Amendment
After a CIP is adopted, there may be a need to either increase a project budget or add a new project to the CIP, prior to the next CIP budget cycle.

In these cases, a PM, upon approval from their Director, submits a staff report to City Council for consideration of approval of the CIP amendment. AllIf the CIP amendments approved by City Council approves the request for a budget amendment, will be processed by Finance and Information Systems staff will increase the budget.

2.8.6 CIP Project Budget Rollover
When projects are in-progress and are substantially, but not fully, complete by the end of the budgeted fiscal year, the project budget may be rolled over to the subsequent fiscal year to allow for project completion.

2.8.7 Multi-Year CIP Projects
When an approved project is designated as a Multi-Year project, the City Manager, or designee, and/or Director of Finance and Information Systems, or designee, has the authority to make CIP and operating budget adjustments, between CIP project budget years. The adjustments made shall result in no change in the total amount appropriated or funded in the CIP budget period, so long as there is adequate funding sources available.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3. FINANCIAL REPORTING AND BUDGET ADMINISTRATION

3.1 Annual Reporting
The City will prepare annual financial statements as follows:

3.1.1 The City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an unmodified auditor’s opinion that the financial statements fairly represent the financial position of the City as of the fiscal year-end and that the statements were prepared in conformity with Generally Accepted Accounting Principles (GAAP).

3.1.1.1 Statement on Auditing Standards (SAS) No. 99
(Consideration of Fraud) provides guidance to auditors
conducting an audit of an entity and specifically helps the auditors to determine if fraud exists in an organization.

SAS No. 114 (Auditor’s Communication with those
Charged with Governance) provides guidelines on
communication between the Auditors and those
charged with governance. In order to facilitate
communication of any matters the auditors feel are
significant, the auditing firm will be required to meet annually with the Mayor and Vice Mayor.

3.1.2 The City will use Generally Accepted Accounting Principles (GAAP) in preparing the annual financial statements, and will strive to meet the requirements of Government Finance Officers Association’s Award for Excellence in Financial Reporting program.

3.1.3 The City will issue audited financial statements within 180 days after yearend.

3.2 Interim Reporting
The City will prepare and issue timely interim reports on the City’s fiscal status to the City Council and staff. This includes:

3.2.1 Departmental online access to the City’s financial management system; Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3.2.2 At a minimum, notification of the quarterly financial dashboards that include an update of quarterly actual revenue and expenditure compared to budget, annual financial snapshot and annual budget-in-brief reports will be provided to the City Council, staff and residents via postinged on the City’sposted on the website will be sent to the City Council, City Manager and Department Directors; quarterly sales tax reports, quarterly treasury reports and monthly warrant register reports will be sent to the City Council members via e-mail;

3.2.3 Mid-year and mid-term budget reviews; and

3.2.4 Status report during budget review process.

3.3 Budget Administration

3.3.1 The City Council may, by majority vote, amend or supplement the budget at any time after its adoption. The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, has the authority to make administrative adjustments to appropriations as long as there is no funding source incompatibility and provided those changes do not increase overall appropriations or will not have an effect on year-end fund balances except as noted below in this section and section 7.1.1 of this policy.

3.3.2 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have has the authority to make budget adjustments to for CIP Capital Improvement Pproject funding sources as long as the total commitment to the project does not change. Notification shall be made to the City Council of funding sources changes.

3.3.3 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with City Council approved Debt Issuance for 1) documentation including, but not limited to, Official Statements, Trust Agreements, and final debt service schedules and 2) transfers of loan proceeds to capital projects approved by City Council to receive associated funding.

3.3.4 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, can make budget adjustments of up to one dollar to account for rounding.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3.3.5 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for write-offs made in accordance with Section 5.9, Uncollectible Receivables, of this Policy.

3.3.6 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments to allow for the transfer of investment income earned for the funds identified below:

Transfer From Fund Name Transfer To Fund Name
Highway UsersGas Tax Funds General Fund
All Capital Project Funds Project Funding Source
Pension/OPEB Obligation Fund General Fund
Special Assessment Districts Bond Developer Fees
SB1186 Disability Access General Fund
Measure J General Fund

3.3.7 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for developer credits relating to City Council approved development agreements and neither the adjustment nor the existing budget may be utilized for any other line item within the adopted budget.

3.3.8 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with investment expenses related to City Council approved investment management agreements of the City’s funds.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3.3.9 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with payments for repairs of City property when the City will submit the repair costs for receive reimbursement through an insurance claim.

3.3.10 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with payments for subrogation/cost recovery fees when the City will receive reimbursement for damages to City property.

3.3.11 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with depreciation or the implementation and annual adherence to GASB Statement reporting requirements, where there is no resulting cash impact in any individual fund. Transfers and/or expenditures of cash resources related to GASB Statement requirements shall be incorporated in the City’s operating budget and budget adjustments for these purposes shall continue to be governed by the restrictions set forth in the Policy.

Depreciation will be recorded on a straight-line basis over the useful lives of capital assets, as follows:

Land Improvements 20-65 years
Buildings and Structures 50 years
Machinery and Equipment 3-20 years
Vehicles 4-12 years
Infrastructure 65 years
Intangible Assets 40-65 years

3.3.12 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for unexpected legal costs when those costs are incurred in pursuit of additional revenues and are reimbursed by a third party. Budget adjustments under this section shall be limited to the amount reimbursed to the City by a third party.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3.3.13 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for City Council approved acceptance of assets in existing Landscape and Lighting Assessment Districts. The budget adjustment amount shall be limited to the maintenance cost identified in the City Council action accepting the assets.

3.3.14 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments between budget years, for grants awarded to the City when the grant term extends beyond the fiscal year the grant is awarded. The adjustments made will not exceed the total amount of the grant award.

3.3.15 When requesting an amendment to the budget, the fiscal impact must include the following information:

3.3.15.1 The total cost of the amendment and basis for the cost estimate.

3.3.15.2 Whether the cost is “one-time” or recurring.

3.3.15.3 Whether or not funds may be transferred from another source and if so, what effect the transfer would have on that source.

3.3.15.4 Whether or not the purchase or contract will later require additional resources and if so, how much and
describe/outline how it will be funded.

3.3.15.5 A summary of any revenue offsets that are expected due to the amendment and when they will be received.

3.3.15.6 Whether there will be a future reduction of costs and if so, how long it will take to recover the initial cost.

3.3.16 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments, between budget years, for amounts approved for two-year strategic initiative expenditures. This authority includes adjustments to strategic initiative operating budgets and amendments to strategic initiative CIP budgets. The adjustments made will result in no change in the total amount appropriated in the two-year budget period, so long as there is an adequate funding source available.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

3.3.17 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for any transfer calculated pursuant to the requirements of Section 7.1.1 of this policy.

3.3.18 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for any expenditure to pay down unfunded pension and/or retiree medical benefit obligations required pursuant to Section 7.1.1.1 of this policy.

3.3.19 Department Expenditures

3.3.19.1 The legal level of budgetary control is established at the fund level and adopted on a basis consistent with
accounting principles generally accepted in the United
States of America.

3.3.19.2 All budget transfers require the approval of the Director of Finance and Information Systems, or
designee, except those affecting personnel
expenditures which must be approved by the City
Manager, or designee.

3.3.19.3 Budget transfers required to hire additional permanent personnel require the City Council’s approval.

4. BUDGET MANAGEMENT

4.1 Diversified and Stable Base
The City will seek to maintain a diversified and stable revenue base to protect it from short-term fluctuations in any one revenue source.

4.2 Long-Range Focus
The City Council will emphasize and facilitate long-range financial planning through the development of a two-year budget, a five-year capital improvement plan and a ten-year general fund fiscal model.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

4.3 Interfund Loans
Interfund loans are defined as the lending of cash from one City fund to another for a specific purpose with a requirement of repayment. The practice of interfund loans is a recognized and necessary aspect of municipal finance. Such loans are typically short-term in nature and constitute the allocation of resources between individual funds for working capital purposes.

City Council approval is required for interfund loans except for: short-term working capital loans; interfund loans for working capital for City Council approved reimbursable grants and projects; and other temporary timing differences in cash flows.

Interfund loans shall not be used to solve ongoing structural budget issues or hinder the accomplishment of any function or project for which the lending fund was established.

4.3.1 Long-term loans must be approved by the City Council. City Council approval will incorporate the approval of the terms of the loan including:

4.3.1.1 Purpose of the interfund loan.

4.3.1.2 Identification of the source fund, including:
 A review of multi-year plans for use of source fund cash.  An analysis of legal or contractual restrictions, if any.

4.3.1.3 Repayment of long-term loans, including:
 Specific repayment schedule.
 Source and feasibility of repayment funding stream.

5. USER FEE COST RECOVERY GOALS

5.1 Ongoing Review
Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with changes in the cost-of-living as well as change in methods or levels of service delivery.

5.2 User Fee and Utility Rates Cost Recovery
It is the intent of the City to collect user fees and/or utility rates for services provided to the public, where applicable.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 24, 2025
Review every two years
minimum
Resolution No.
2025-XX2025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

5.3 Annual Review
All fees and rates will be reviewed and updated annually to ensure that they keep pace with the cost of providing service. Staff will report on projected program subsidies, if any, provided by the General Fund as a part of the budget development and reporting process.

Annually, the City Council will consider the updated Cost Allocation Plan and Schedule of City Fees to be adopted at a noticed public hearing. A copy of the Cost Allocation Plan and Schedule of City Fees will be made available at the third floor in the lobby of City Hall and on the City’s website.

5.4 Development Fees Review Program
The following cost-recovery policies apply to the development Development fees Fees review Review Pprogram. Services provided under this category include:

5.4.1 Planning (planned development permits, tentative tract and parcel maps, re-zonings, general plan amendments, variances, use permits, etc.).

5.4.2 Engineering (public improvement plan checks, inspections, subdivision requirements encroachments, etc.).

5.4.3 Building (enforcement of California building, electrical, plumbing and mechanical codes and other codes, laws and ordinances).

5.4.4 Cost recovery for these services should generally be very high. In most instances, the City’s cost recovery goal should be 100%. Exceptions to this standard include appeals, where the fee is set very low to provide adequate opportunity for due process.

5.4.5 The City will clearly establish and articulate standards for reviewing developer applications to ensure that there is “value for cost.”

5.5 Other User Fees

5.5.1 City Clerk (Agenda mailings, Public Record Requests, Municipal & Zoning Code Supplements, Manuals and other documents, certifications, etc.).

5.5.2 Police (DUI recovery costs, fingerprinting, arrest report copies, etc.).

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

5.5.3 Other (Graffiti removal, U.S. Passport services, copying costs, cost for documents published by the City, costs for damaged property, or other costs reasonably anticipated to be covered by user fees).

5.6 Utility Fees and Rates
Water, Solid Waste and WastewaterSewer Enterprises: The City will set utility fees and rates in a process that complies with Article XIIID, Section 6 of the California Constitution, enacted by Proposition 218. Proposed rate and fee changes will be subject to the public hearing and protest requirements of Proposition 218. Revenues derived from fees or charges shall not exceed the cost to provide service; shall not be used for any purpose other than that for which it is imposed; and the amount of a fee or charge upon a parcel shall not exceed the proportional cost of the service attributable to the parcel.

5.7 Assessment District Administration
The City Council, through the Landscaping and Lighting act of 1972, has approved the formation of assessment districts to ensure the proper flow of funds for the ongoing operation, maintenance, and servicing of specific improvements within the boundaries of the City of Brentwood. Generally, developers construct these public improvements as conditions of approval for their permits for new housing or commercial/industrial developments. The ongoing operation, maintenance and servicing of these improvements are then financed through assessment districts.

The assessment districts ensure that the ongoing costs of maintaining the improvements are paid for by those property owners who directly benefit from the improvements. In 1998, a Citywide assessment district for park maintenance was also created via a vote of the residents of Brentwood.

Although the annual maximum levy amounts for each assessment district are authorized by an annual Engineer’s Report, the City Manager, in consultation with the City Attorney, has the authority to reduce levy amounts in circumstances where he/she has determined that the current year’s levy and the benefit received by a parcel are not proportional. Typically, an adjustment of this nature would occur during the development phase, subsequent to the approval of a subdivision map and prior to the commencement of construction. In the event the City Manager, in consultation with the City Attorney, determines a levy reduction is warranted subsequent to the release of the tax roll by the County Assessor’s Office, the City Manager shall have the authority to refund any resulting assessment overpayments.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

5.8 Parks and Recreation Programs and Facility Rentals
The following cost recovery policies apply to the City’s recreation programs. The Director of Parks and Recreation approves recreation programs based upon cost recovery goals throughout the year.

For purposes of this section of the policy, the following four definitions apply:

Resident – an individual whose primary residence is within the City limits of Brentwood.

Non-resident – an individual whose primary residence is outside the City limits of Brentwood.

Commercial – when use of the facility is for profit or sale with the proceeds to benefit an individual or organization.

Non-profit – when use of the facility is by a non-profit organization as determined by the Internal Revenue Service and/or State of California with at least 7560% % of its membership made up of Brentwood residents, and the purpose of the use is to raise funds for community, charitable, or education projects within Brentwood or that benefit Brentwood residents.

5.8.1 Cost recovery - Recreation Programs:

5.8.1.1 Cost recovery for youth programs – Brentwood residents, direct cost plus 10% of Department overhead.

5.8.1.2 Cost recovery for adult programs – Brentwood residents, goal of 75% recovery of direct cost plus 75% of Department overhead.

5.8.1.3 Cost recovery for senior programs – goal of 75% recovery of direct costs.

5.8.1.4 All programs that are above the recommended cost recovery rate will continue a goal of 100% cost recovery.

5.8.1.5 Non-resident Aquatic and City run youth sports program fees are set 10% above the resident fee.

5.8.1.6 All non-resident rates excluding section 5.8.1.45 above are set at direct cost plus 50% of Department overhead.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

5.8.1.15.8.1.7 Programs that do not have a non-resident rate:
 Recreation swim
 Lap swim
 Contracted on-line computer courses
 Senior Programs
 Fees set by an outside agency
 City programs funded through the Economic Development Grant Program
 City programs for active adults 50+
 Cosponsored City / Liberty Union High School District Adult Education programs
 Teen Programs

5.8.1.8 Free programs:Free Community Programs and Events Designated by City Council to benefit the community as a whole.

Examples include:
 4th of July Parade
 Boat Box Derby
 Concerts in the Park
 Christmas tree lighting
 Juneteenth
 Junior Giants
 Milestone celebrations for cityhood (i.e. 75th Anniversary in 2024)  Movies in the park
 Park and facility grand openings
 Senior Game Days
 Veterans Celebrations
 Other programs and events as directed by City Council

5.8.2 The following categories describe how rates are set for facility rentals (excluding group picnic facility rentals):

5.8.2.1 Resident – this category is the base price used for a facility and is set based on the market price for like facilities.

5.8.2.2 Non-Resident – the price for non-residents is 10% above the resident rate.

5.8.2.3 Commercial – the price for commercial use is 30% above the resident rate and is intended to recover most if not all costs as the event is usually intended to be a profit making endeavor.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

5.8.2.4 Non-profit – the price for non-profits is 30% below the resident rate as the purpose is to allow use by local non-profits who normally use facilities to raise money to go back into the community.

5.8.3 The following categories describe how rates are set for group picnic facility rentals:

5.8.3.1 Resident – this category is the base price used for group picnic facility rentals and is set based on the market price for like rentals.

5.8.3.2 Non-Resident – the price for non-residents is 30% above the resident rate and is intended to recover most if not all costs.

5.8.3.3 Commercial – the price for commercial use is 30% above the resident rate and is intended to recover most if not all costs as the event is usually intended to be a profit making endeavor.

5.8.3.4 Non-profit – the price for non-profits is 30% below the resident rate as the purpose is to allow use by local non-profits who normally use facilities to raise money to go back into the community.

5.9 Uncollectible Receivables
It is the intent of the City to reflect the value of its receivables and ensure that resources are used efficiently and not devoted to recovery of uncollectible receivables. The timely identification of losses is an essential element in appropriately measuring the value of the City’s assets. The write-off process is a critical component in valuing receivables. The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to write-off uncollectible receivables not to exceed $5,000 per transaction and not to exceed $50,000 in the aggregate for any individual debtor. Any uncollectible account exceeding $5,000 per transaction or $50,000 in the aggregate for any individual debtor will require the City Council’s approval.

5.10 Minimum Refund Threshold for Overpayments
It is the intent of the City to ensure that resources are used efficiently. The cost to process a refund check exceeds $25.00. Therefore, refunds of overpayments shall not be issued for amounts less than $25.00.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

6. APPROPRIATIONS LIMITATION

6.1 The City Council will annually adopt a resolution establishing the City’s appropriations limit calculated in accordance with Article XIIIB of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affect the City’s appropriations limit

6.2 The supporting documentation used in calculating the City’s appropriations limit and projected appropriations subject to the limit will be available from the City Clerk at least 15 days before consideration of a resolution to adopt an appropriations limit. The City Council will generally consider this resolution in connection with final approval of the budget.

6.3 The City will actively support legislation or initiatives sponsored or approved by the League of California Cities which would modify Article XIIIB of the Constitution in a manner which would allow the City to retain projected tax revenues resulting from growth in the local economy for use as determined by the City Council.

6.4 The City shall seek a vote of the public to amend its appropriation limit at such time that tax proceeds are in excess of allowable limits.

7. FUND BALANCE RESERVES, REPLACEMENT FUNDS AND INTERNAL SERVICE FUNDS

7.1 Minimum Fund Balances/Reserves
Staff will present a General Fund budget for City Council consideration that maintains an Unassigned Fund Balance of 30% of annual operating appropriations and operating transfers. The City will strive to maintain cash reserves in the Enterprise Funds of 30% of annual operating appropriations and operating transfers.

This is considered the minimum level necessary to maintain the City’s credit worthiness and to adequately provide for contingencies for unseen operating or capital needs or cash flow requirements.

7.1.1 At the close of each fiscal year, General Fund savings over and above the minimum Fund Balance required in Section 7.1 of this policy, will be transferred to the Pension/OPEB Obligation Fund and then allocated as follows:

7.1.1.1 50% of the amount identified in Section 7.1.1 of this Policy will be used to pay down the City’s unfunded pension and/or retiree medical benefit obligations and 50% will be held for future budget stabilization needs. The Director of Finance and Information Systems shall determine the distribution of any amounts used to pay down the City’s unfunded pension and/or retiree medical obligations.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

7.1.1.2 If the City’s pension and retiree medical obligations are 100% funded as of the most recent actuarial report, any amount identified in Section 7.1.1 of this will be held for future budget stabilization needs.

7.1.1.3 During the period of a declared emergency from the City’s Director of Emergency Services, staff will seek the City Council’s approval prior to using the amount identified in Section 7.1.1 of this Policy to pay down the City’s unfunded pension and/or retiree medical benefit obligation under the provisions in section 7.1.1.2.

7.1.2 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, shall designate in Fund Balance any unspent General Fund Strategic Initiative budgeted amount at the end of the first year of the two-year Strategic Plan period. The fund balance designation is limited to the current two-year Strategic Plan period unspent budget.

7.1.3 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, shall designate in Fund Balance any unspent General Fund Strategic Initiative budgeted amount at the end of the current two-year Strategic Plan period. The fund balance designation amount shall be limited to the subsequent two-year General Fund Strategic Initiative total costs.

7.2 Replacement Funds
Replacement Funds shall provide for the accumulation of resources and associated expenditures for the maintenance and/or replacement of assets. Replacement funds shall be accumulated such that the amount available in any given Replacement Fund will be sufficient to meet the maintenance and/or replacement requirements of the assets assigned to that fund based on maintenance and replacement schedules developed utilizing the useful life of the assets and the estimated cost of repair or replacement including a factor for inflation. For facilities replacement, once the debt service requirements for construction of a facility have ended, an evaluation will be made of the amount to be set aside as a component of the replacement financing plan for the facility at the end of its useful life. Fund balances and required contributions to the Replacement Funds from other Funds will be reviewed during the two-year budget preparation process to ensure that the Funds have adequate resources to meet the maintenance and replacement requirements of the assets.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

7.3 Pension/Other Post-Employment Benefits (OPEB) Obligation Fund The Pension/OPEB Obligation Fund is an intermediate-term funding source to be used to help offset the rising cost of OPEB as a part of a long-term pre-funding strategy of retiree medical benefits. In addition, this fund shall be used to help offset the rising costs of pension expenses and paying the unfunded liability on a cost reimbursement basis. Interest earnings may be credited to the General Fund.

7.4 Vehicle and Equipment Replacement Fund
The City will maintain a Vehicle and Equipment Replacement Fund to provide for the timely replacement of vehicles and capital equipment with an individual replacement cost of $10,000 or more or as determined by the Director of Finance and Information Systems, or designee. Sales of surplus equipment will be credited to the Vehicle and Equipment Replacement Fund.

7.5 Information Systems Replacement Fund
The City will maintain an Information Systems Replacement Fund to provide for the timely replacement of technology assets. Interest earnings and sales of surplus equipment will be credited to the Information Systems Replacement Fund.

7.6 Facilities Replacement Fund
The City will maintain a Facilities Replacement Fund to provide a funding source for major repair or replacement costs of existing facilities.

7.7 Tuition Fund
The City will maintain a Tuition Fund to provide a funding source for employees to continue their education in order to either maintain or improve knowledge, skills and professional growth in their current position.

7.8 Insurance Fund
The City will maintain an Insurance Fund to provide a funding source for insurance costs. This fund may be used to pay unforeseen expenses due to legal matters or lawsuits. Departments are also charged for Property and Liability Insurance, which funds the payments, made to our insurance authority.

7.9 Facilities Maintenance Services Fund
The City will maintain a Facilities Maintenance Services Fund to provide for the custodial and maintenance needs of the City’s buildings. The annual contribution for this fund will generally be based on square footage and service cost.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

7.10 Fleet Maintenance Services Fund
The City will maintain a Fleet Maintenance Services Fund to provide for the ongoingongoing maintenance of all City vehicles and equipment, other thanwith the exception of Police. The annual contribution for this fund will generally be based on type of vehicle or equipment.

7.11 Information Systemservices Fund
The City will maintain an Information Systemservices Fund to provide for the development and coordination of the City’s information systems’ needs. The annual contribution for this fund will generally be based on the type of information systems equipment utilized by each department or fund.

7.12 Parks and LLAD Replacement Fund
The City will maintain a Parks and Landscape and Lighting Assessment Districts (LLAD) Replacement Fund to provide a funding source for the repair and replacement needs related to landscaping, equipment and facilities in the Citywide Parks and Landscape and Lighting Assessment DistrictLLADs. The annual contribution for this fund will be based on the City Council adopted annual eEngineers rReport.

8. OTHER POST-EMPLOYMENT BENEFIT (OPEB) FUNDING

8.1 The City provides certain post-retirement health care benefits to employees. To address the unfunded actuarial accrued liability for these benefits, the City will make annual contributions to the OPEB trust in amounts equal to at least 85% of the annual actuarial determined contribution, or a substantially equivalent financial metric as calculated by the City’s actuary. Once the City’s OPEB trust has reached an 85% funded ratio, the City will maintain funding at a level percentage of payroll until it attains a funded ratio of 100%.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

9. HUMAN RESOURCE MANAGEMENT

9.1 Regular Staffing

9.1.1 The budget will fully appropriate the resources needed for authorized regular staffing and will limit programs to the regular staffing authorized.

9.1.2 Regular employees will be the core work force and the preferred means of staffing of ongoing, year-round program activities that should be performed by regular part-time or full-time City employees rather than independent contractors. The City will strive to provide competitive compensation and benefit schedules for its authorized regular work force. Each regular employee will:

9.1.2.1 Fill an authorized regular position.

9.1.2.2 Be assigned to an appropriate bargaining unit, or otherwise designated with at-will status.

9.1.2.3 Receive salary and benefits consistent with labor agreements or other compensation plans.

9.1.3 To manage the growth of the regular work force and overall staffing costs, the City will follow these procedures:

9.1.3.1 The City Council will authorize all regular positions.

9.1.3.2 Adjustments to employee allocations will only be made in conjunction with the first or second year of the two-year budget process unless recommended by the Director of Human
Resources, or designee and authorized by the Director of Finance and Information Systems, or designee.

9.1.3.3 The Human Resources Department will coordinate and oversee the hiring of all regular and limited service employees.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD

9.1.1.1 All requests for additional regular positions will include evaluations of:

9.1.1.1.1 The necessity, term and expected results of the proposed activity.

9.1.1.1.2 Staffing and materials costs including salary, benefits, equipment, uniform, clerical support and
facilities.

9.1.1.1.3 The ability of private industry to provide the proposed service.

9.1.1.1.4 Additional revenues or cost savings, which may be realized.

9.1.1.1.5 The availability of a sustainable revenue source to fund the additional personnel costs.

9.1.2 Periodically, and before any request for additional regular positions, programs will be evaluated to determine if they can be accomplished with fewer regular employees.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025June 27, 2023
Review every two years
minimum
Resolution No.
2023-852025-XX

CITY COUNCIL AGENDA ITEM NO. D.4
07/01/2025
SUBJECT: License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood DEPARTMENT: Engineering Department
Parks and Recreation Department
STAFF: Allen Baquilar, Director of Engineering
Debra Galey, Senior Management Analyst
Aaron Wanden, Parks Manager

TITLE/RECOMMENDATION
Staff recommends the City Council adopt a resolution approving and authorizing the City Manager, or designee, to execute a License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood (“License Agreement”), for joint use of Contra Costa County Flood Control and Water Conservation District property as recreational areas.

FISCAL IMPACT
There is no fiscal impact associated with approving the License Agreement. Costs associated with maintenance of the joint use areas currently utilized by the City are included in the 2024/25 and 2025/26 Operating Budgets in the Landscape Operations division of the General Fund, the Landscaping and Lighting Assessment District (LLAD) Funds and the Citywide Park Maintenance District Fund. Maintenance costs for these areas will be included in future operating budgets. The funding source for maintenance costs of new areas utilized by the City in the future will be dependent on the location within the City and purpose of the use.

BACKGROUND
The City Council was scheduled to consider this item at its June 24, 2025 meeting, which was cancelled for lack of a quorum.

Contra Costa County Flood Control and Water Conservation District (“CCCoFC”) owns property within the City of Brentwood, mainly in the form of creeks, flood control channels and flood control basins. For many years, CCCoFC has allowed the City to utilize these areas for recreational purposes under a Right to Enter permit.

CITY COUNCIL AGENDA ITEM NO. D.4
07/01/2025
The proposed License Agreement identifies more detailed terms for use of the CCCoFC land by the City and the responsibilities of both parties. The Agreement allows the City to have a right to use these areas for recreational purposes such as pedestrian bridges, trails, combined vehicle/pedestrian access and other recreational uses, in addition to associated uses such as landscaping, fencing, bollards and signage.

Examples of some these recreational uses include:
 Sports field in Deer Creek Basin at Fairview Avenue/Buena Vista Street  Future sports field in the Sand Creek Detention Basin along Sand Creek Trail  Trails and landscaping along Dry Creek, Marsh Creek, Deer Creek and Sand Creek
 Pedestrian bridges across Marsh Creek providing trail system connections A map showing the locations of all joint use areas is included as Exhibit A to the Agreement and a list with descriptions of the type of joint use is included as Exhibit B.

CITY COUNCIL STRATEGIC INITIATIVE
Strategic Plan Focus Area 5: Parks & Recreation Services. Provide community and neighborhood services to enrich lives and to maintain facilities, infrastructure, and resources to maximize Brentwood’s high quality of life.

PREVIOUS ACTION
Not Applicable

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

CITY COUNCIL AGENDA ITEM NO. D.4
07/01/2025

2. Direct staff to further work with Contra Costa County Flood Control and Water Conservation District on License Agreement terms of use and responsibilities.

ATTACHMENT(S)

1. License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood.

2. Exhibit A (Map of Joint Use Facilities)

3. Exhibit B (Description of Joint Use Areas)

4. Resolution approving License Agreement

LICENSE AGREEMENT

BETWEEN

CONTRA COSTA COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND

THE CITY OF BRENTWOOD
This LICENSE AGREEMENT (“License”) is made and entered into this day of _ 202 , (“Effective Date”) by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a Flood Control District existing under the laws of the State of California, (the “District”) and the CITY OF CITY OF BRENTWOOD, a California Municipal Corporation (the “City”). City and District are sometimes hereinafter referred to individually as a “party” or collectively as the “parties”.

RECITALS
A. The District holds fee title to the Joint Use Areas, as defined in Section 1 of this License.

City desires to use the Joint Use Areas for recreational purposes such as pedestrian bridges, trails, combined vehicle/pedestrian access, and other ancillary recreational uses, and associated uses such as landscaping, fencing, bollards, and signs. District is willing to allow City to use the Joint Use Area for those purposes for the benefit of City and its residents and other persons.

B. The purpose of this License is to provide for City’s continued use of the Joint Use Areas under the terms and conditions of this License.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and District agree as follows:

1. Description of the Joint Use Areas: The “Joint Use Areas” are those certain real properties more particularly shown on Exhibit “A” and listed on Exhibit “B” attached hereto and incorporated herein by this reference. District and City understand and agree that the Joint Use Areas may be modified or amended from time to time as necessary upon the mutual written consent of the parties, which consent may be given by City’s City Manager or his/her designee and the Districts’ Chief Engineer or his/her designee on behalf of the City and District respectively.

2. Grant of License: As of the Effective Date, District hereby grants to City a revocable, non-exclusive license to enter upon, occupy, and use the Joint Use Areas for the purposes described in, and subject to the terms and conditions of, this License.

3. Term: The term of this License commences on the Effective Date, and it ends , 2049 unless or until the earlier occurrence of either of the following: (a) this License amended by mutual written agreement of the parties, or (b) this License is suspended, partially revoked, or terminated by either party in writing in accordance with the provisions contained herein.

4. District’s Title: City hereby acknowledges District’s fee title in and to the Joint Use Areas, and agrees never to assail or to resist District’s title. City acknowledges and agrees that it is not acquiring any interest or estate in the Joint Use Areas, or the land

underlying the Joint Use Areas, by executing this License, and that no interest or estate in the Joint Use Areas is being conveyed to it, that this License will never convey such right or estate in or to the Joint Use Areas, or the land underlying the Joint Use Areas, nor will City obtain any title or claim to use the Joint Use Areas beyond that specifically granted in this License.

The City shall not enter into any agreement or contract, or accept grants, gifts or funding provided by the Federal, State or other government authority that in any way subordinates the rights of the District over the Joint Use Areas, including but not limited to, District’s right to construct, use, maintain, alter, reconstruct, enlarge or otherwise modify its facilities located within the Joint Use Areas without the expressed written consent of the District. Should City’s actions or uses of the Joint Use Areas subordinate the rights of the District over the Joint Use Areas, the City shall be obligated to cure the subordination or to replace District’s facilities in another location acceptable to the District at its sole cost and expense, or compensate the District for any costs, loss, or damages resulting from its loss of use of such facilities.

Further, City shall not enter into any agreement or contract with any third parties that extend any rights beyond the extent, terms, or existence of this License.

5. District’s Uses: District shall have the right to use the Joint Use Areas, for any purpose, including, but not limited to, flood control detention basins, drainage water conveyance, water conservation, water quality improvement, maintenance, channeling, or otherwise controlling the flow of drainage waters, as well as performing any other activities, and constructing or maintaining any facilities that the District may be required to perform, construct, or maintain by other agencies at the Federal, State, Regional or Local level, including but not limited to, water quality and quality control and environmental mitigation and enhancement, all of which shall hereinafter be referred to as “District’s Uses.” District’s Uses of the Joint Use Areas shall be paramount or superior to any other use of the Joint Use Areas, including but not limited to, City’s Uses described in Section 6 titled “City’s Uses of the Joint Use Areas”.

District may require access to all Joint Use Areas blocked by City barricades or bollards.

Each such barricade/bollard shall have two padlocks attached to it such that both District and City can access each area independent of one another. Further, City shall not hinder or obstruct District’s access, including access by District or District’s permittees’ vehicles, to those areas so barricaded. District shall provide its padlock at no cost to the City.

District’s Uses may cause a temporary interruption in the City’s use or permission to enter upon and use the Joint Use Areas. In the event that any of the District’s Uses causes an interruption or interference with any of City’s Uses, District shall attempt to minimize such interruption or interference and will provide the City as much advance notice as possible under the circumstances. District shall not under any circumstances be liable to City or any other users of the Joint Use Areas for any cost, expense or damage caused by their loss of use of the Joint Use Areas unless due to the gross negligence or willful misconduct of the District.

6. City’s Uses of the Joint Use Areas: City shall have the non-exclusive right to use the Joint Use Areas for recreational purposes such as pedestrian bridges, trails, combined vehicle/pedestrian access, and other ancillary recreational uses, and associated uses such as landscaping, fencing, bollards, and signs, in accordance with

the provision of Section 9. Maintenance, Alterations, and Surrender of the Joint Use Areas shall hereinafter be referred to as “City’s Uses.” City’s Uses of the Joint Use Areas for various special events (“Special Events”), shall include but not limited to, such things as organized creek cleanup parties, bike or running races, and neighborhood events, any of which may be organized or run by outside third parties. City shall provide, at City’s sole expense, its own equipment, and other personal property necessary or convenient to its uses of the Joint Use Areas unless otherwise expressly agreed to by the District from time to time. Any of City’s permits with third parties to use the Joint Use Areas shall include a hold harmless provision whereby both the District and Contra Costa County (the “County”) are held harmless as provided in Section 12, titled “Hold Harmless and Indemnification”.

City shall not permit any motor-driven vehicles on the Joint Use Areas, except in designated parking areas, unless the vehicles are those of the City or the City’s permittees that are being used for construction, maintenance, repair, patrol, or public safety purposes. To prevent unauthorized motor-driven vehicles in any of the Joint Use Areas, City, at its sole cost, will install barricades/bollards or similar devises and signage where necessary and appropriate. The City shall also install, at its sole cost, such access control devises in areas where the installation of new improvements or modification of existing Joint Use Areas has provided access that otherwise did not exist prior to the City installed work.

Any of City’s Uses, and all City’s rights granted or implied by this License, are secondary and subordinate to the District’s Uses. In addition, any joint uses by the City or by others as allowed by the District, will be subordinate to the rights of any entity (hereinafter “Permittees”) with existing facilities installed on the District’s property, including the Joint Use Areas. The City shall not, at any time, use, or permit the public to use, the Joint Use Areas in any manner that will materially interfere with or impair District’s or Permittees’ use of the Joint Use Areas. Any application for easements, right of entry, permit or other right to use District’s property received by the District that may affect the City’s Use of the Joint Use Areas will be submitted for City review and the District will not grant a Permittee any rights in the Joint Use Areas to which City objects and/or which are inconsistent with any of City’s Uses existing at the time of Permittee’s request and will make a good faith effort to condition applicant to cure their effect on City’s future use.

7. Payment of District’s Costs: City shall reimburse District for any reasonable increases in the cost to maintain District’s facilities in the Joint Use Areas due to the City’s use of said areas. City, with District’s reasonable consent, shall have the option of doing the maintenance work, contracting with the District or hiring an outside contractor to perform any normal and customary maintenance in the Joint Use Areas to eliminate the District’s increased costs. If the City chooses to contract with the District for maintenance services and the District agrees to enter into a contract, the scope and cost for the maintenance work in the Joint Use Areas will be mutually agreed upon in writing prior to any maintenance work being performed by the District.

City shall pay all reasonable expenses associated with the alteration of the Joint Use Areas pursuant to an Encroachment Permit for Use of District Right of Way and the restoration, maintenance or repair of the Joint Use Areas pursuant to an Encroachment Permit for Use of District Right of Way (as defined in Section 9).

8. Lawful Conduct: City agrees that it will obey, observe and use due diligence to the extent reasonably feasible to require all persons entering upon the Joint Use Areas to obey and observe all terms of this License and all applicable laws, ordinances, orders, rules, permits, regulations and requirements relating to the Joint Use Areas. City shall be responsible for paying all fines, penalties, or charges which may be levied for violation of laws, ordinances, orders, rules, permits, and regulations, arising out of the operations of City, or its officers, employees including agents, permittees, invitees, or members of the public. City shall not commit, suffer, or permit any nuisance in or about the Joint Use Areas.

9. Maintenance, Alterations, and Surrender of the Joint Use Areas: City shall, at City’s sole expense, repair and maintain the Joint Use Areas as described herein and as shown on Exhibit “A” and listed in “B”, and all City improvements therein in a safe, clean, neat, orderly and presentable condition, generally free from weeds, waste, litter, graffiti and other items resulting from City’s use of or public access to the Joint Use Areas, and left by parties other than District and its Permittees following generally accepted practices for trail maintenance for municipal entities. As used in this License, the term “litter” shall include, but not be limited to, paper, garbage, refuse, trimmings, and other items that detracts from the neat and tidy appearance, cleanliness, and safety of the Joint Use Areas.

City shall also be responsible for the removal of all dead animals from the Joint Use Areas, at its sole expense, which responsibility may include calling the Contra Costa County Animal Services Department to have them remove the dead animal(s).

The City shall maintain and repair all improvements the City installs or constructs in the Joint Use Areas, including but not limited to, trail improvements along various creeks and District channels in the City, pedestrian bridges and bridge abutments, fencing, barricades/bollards, signs, landscaping, irrigation systems, asphalt concrete, aggregate base material, connections to City streets, grass, and erosion protection in a safe, clean, neat, orderly and serviceable condition, such that the improvements do not interfere with the District’s Uses. City shall keep the Joint Use Areas free from weeds, grasses and other objectionable vegetation where applicable and shall abate vegetation within the Joint Use Areas to local County fire district standards. Except for City’s routine maintenance activities, City shall obtain District’s consent and approval at least fifteen (15) business days prior to any activity that could reasonably disrupt any of District’s Uses of the Joint Use Areas.

City is responsible, at its expense, for all repair and maintenance associated with City’s improvements in the Joint Use Areas. Except in the case of an emergency, the City shall not make alterations to the Joint Use Areas, including the installation of improvements or utilities or performance of any construction, reconstruction, remodeling, alteration, removal, landscaping, tree planting, major maintenance work, or other work without the prior application to the District and written consent of District’s Chief Engineer, or his or her designee. Written application for City’s alterations to the Joint Use Areas shall be in the form of an “Encroachment Permit for Use of District’s Right of Way” (“Encroachment Permit”). City shall make every effort to report emergency work in the Joint Use Areas to the District within twenty four (24) hours from commencement of such work. When deemed necessary, at the sole but reasonable discretion of the District’s Chief Engineer, the City shall apply to the District for approval of emergency modifications to the Joint Use Areas. District may require City to alter or remove any emergency work done by City at City’s sole cost and expense, if the emergency work interferes with District’s Uses.

Except in the case of an emergency, District shall not make alterations to the Joint Use Areas, including the installation of improvements or utilities or performance of any construction, reconstruction, remodeling, alteration, removal, landscaping, tree planting, maintenance or other activities without prior notice to City. District is aware that such alterations could disrupt any City-approved use of the Joint Use Areas. District will provide the City with at least ten (10) working days written notice of such alterations unless the District can reasonably provide the City with greater advance notice under the circumstances. Any modification of, or amendment to, the Joint Use Areas will be designed and/or constructed, as applicable, to accommodate the joint use by City. District will provide City with design documents no later than the 50% project design milestone for review and comment.

10. Mechanic’s and Materialman’s Liens: City shall not permit any mechanic’s, materialman’s, or other lien to be placed against the Joint Use Areas, or the property of which the Joint Use Areas forms a part, in connection with any labor, materials, or services furnished or claimed to have been furnished to the City related to any City-installed improvements. City shall remove or discharge any such lien that shall be filed against the District related to the Joint Use Areas or property of which the Joint Use Areas forms a part, in a timely fashion, whether bonded or not, provided, however that either the District or the City may contest any such lien, so long as the enforcement thereof is stayed.

11. Security of the Joint Use Areas: City shall provide periodic patrol and security services necessary to prevent unauthorized use of the Joint Use Areas, as are reasonably practical and feasible. City agrees to devote, at a minimum, the same standards and levels of public safety patrol and security service to the Joint Use Areas as it devotes to its other recreational facilities. City shall designate, in writing to District, a representative who shall be responsible for overseeing the day-to-day operations and maintenance of the Joint Use Areas.

District shall not have any duty to guard or secure, and shall have no liability for any injury, loss, or damage to, City, or any third person, including goods, property, facilities, or equipment, located upon the Joint Use Areas irrespective of the cause of such loss or damage, except to the extent that such loss or damage was caused by the negligence or willful misconduct of District, or its officers, employees or permittees excluding the City.

12. Hold Harmless and Indemnification: City shall defend, indemnify, save, protect, and hold harmless District and Contra Costa County (“County”), their boards, officers, agents and employees, from and against any and all claims, suits, costs, loss, expense, and liability for any damages, death or injury to persons or property, from any cause whatsoever arising directly or indirectly from or connected with the operations or use of the Joint Use Areas by the City or its officers, agents, employees, contractors, subcontractors, invitees, or members of the public, save and except claims or litigation arising through the active negligence or willful misconduct of the District or County, or their officers, agents or employees, and City will make good to and reimburse District for any expenditures, including reasonable attorneys’ fees requested by District, and will defend any such suits at the sole cost and expense of City.

To the maximum extent permitted by law, City’s obligations to District and County, their boards, officers, agents and employees, under this Section shall also extend to District’s

related agencies and entities, affiliates, successors and assigns, and other permitted users of the Joint Use Areas, for all liability, claims, suit, demands, cause of action, damage, cost or expense including, without limitation, any fines, penalties, judgements, litigation costs, attorney’s fees, consulting, engineering, and construction costs, all costs of any required or necessary testing, remediation, repair, removal, cleanup and detoxification of the Joint Use Areas, and all costs for preparation of any cleanup, remediation, closure or other required plans incurred by District and such other permitted users of the Joint Use Areas, as a result of City’s breach of Section 15 titled “Health, Safety and Environmental Protection”, or as a result of City’s breach that causes any such discharge, leakage, spillage, emission, or pollution, regardless of whether such liability, cost, or expense arises during or after the termination of this License.

District shall indemnify, defend and hold harmless City for District’s and or County’s share of liability, as determined by a court of law, for any damage, injury or death of or to any person or property of any person, including attorneys and expert fees, arising out of the negligence or willful misconduct of District or County, or either entity’s officers, employees, or agents, in the exercise of District’s obligations under this License or the use of the property by District or County.

13. Conditions of Property: District makes no representations as to the suitability of the Joint Use Areas for any of City’s Uses. Prior to the execution of this License, City shall inspect the Joint Use Areas and shall make its own determination as to its suitability for use by the City, and the City shall be solely responsible for determination of such suitability.

The City agrees that the Joint Use Areas are subject to sliding, erosion, subsidence, flooding and other possible hazardous conditions, and if these conditions do not affect the operation of the channel, then the District is under no obligation to restore, maintain or repair any damage resulting from sliding, erosion, subsidence, flooding or other hazardous conditions therein. The City, with the prior written approval of the District, may perform, at City’s sole cost and expense, such restoration, maintenance, or repair, as City deems necessary for its proper and safe use of the Joint Use Area. City agrees that District has no responsibility or liability to City for any hazardous condition that exists or may occur on or in the Joint Use Areas.

14. Health, Safety and Environmental Protection: City, at its sole cost and expense, shall comply with all present or future applicable laws, statues, codes, rules and regulations regarding health, safety, noise, environmental protection, waste disposal, water and air quality as they pertain to the City’s use of the Joint Use Areas. No hazardous materials shall be handled by City, at any time, on or in the Joint Use Areas, without the District’s express written permission, except for those hazardous materials used in the weed control, cleaning, and or trail maintenance, and such hazardous materials shall be handled in compliance with all laws. City shall not commit, or suffer to be committed, the discharge of any waste in the Joint Use Areas, or any nuisance or other act that may pollute or contaminate the Joint Use Areas, or the watershed of which the Joint Use Areas are a part.

Except as provided above, City shall not cause or permit any hazardous materials as defined in this Section, to be generated, brought onto, stored, used, emitted, released, discharged, or disposed of in, on, under, or about the Joint Use Areas except that City, its officers, employees, agents, contractors, guests, or invitees may do so with prior

express written permission from the District, which may be denied in District’s sole discretion.

As used herein, "hazardous materials" includes but is not limited to any substance, material or waste that becomes designated classified or regulated as being "toxic,” “hazardous," or a "pollutant" under any federal, state or local law, regulation or ordinance.

City is further prohibited from using any herbicide, pesticide or hazardous substance, including those for which it has obtained District’s prior approval to use, anywhere on the Joint Use Areas, in an unsafe or careless manner or in any manner that is contrary to the manufacturer’s instructions or contrary to greater restrictions that the District may impose. City must satisfy any and all herbicide, pesticide application permit requirements as may be required by Federal, State or local regulations or agencies. City shall comply with the Health, Safety and Protection requirements when posting signage for pesticide application which requires posting in public areas.

Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Joint Use Areas due to City’s use or occupancy of the Joint Use Areas, or City’s use, release, or disposal of any pesticide or hazardous substance, the City, at City’s expense, shall test, remedy, repair, remove, clean, remediate, and detoxify all property affected thereby, whether owned or controlled by District or by any third person, to the satisfaction of District, and any governmental body having jurisdiction there over. City shall immediately notify District verbally and in writing upon either the occurrence or discovery of any such discharge, leakage, spillage, emission, or pollution. City’s notification to District pursuant to this Section does not relieve City of any legal requirement to notify any governmental body with jurisdiction thereafter.

15. Water Quality Control Board Requirements: City shall conform fully to the requirements of the California Regional Water Quality Control Board San Francisco Bay Region (Order No. 99-058) NPDES Permit No. 0029912 regarding waste discharge requirements for Contra Costa County Flood Control and Water Conservation District, Contra Costa County and the cities that formed the Contra Costa Clean Water Program adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (“Regional Board”), on July 29, 1999, and any subsequent amendments by the Regional Board. This Regional Board’s permit regulates storm water and non-storm water discharges associated with activities within District rights of way. City shall report to the Regional Board any and all reporting requirements necessitated by City’s Uses of the Joint Use Areas as if City was owner of the property.

City’s use of recycled water for irrigation must satisfy any and all recycled water requirements as required by Federal, State and local regulations or agencies. If City’s use of reclaimed water causes soil or water contamination above acceptable levels, then use of reclaimed water shall cease and remediation shall be proposed and performed by the City upon written approval the the District. The City shall comply with the Water Quality Control Policy for Recycled Water adopted by the State Water Resources Control Board on December 11, 2018.

16. Insurance: City shall have the right to self-insure. In the event that City does self-insure, City shall provide written evidence of such self-insurance to District, and shall include District and County as additional insured under such self-insurance coverage as described in this section.

If City does not self-insure, then, during the entire term of this License, City shall provide and maintain, in full force and effect at all times, insurance policies meeting the requirements described in this Section below, unless otherwise expressed in writing by the District’s Chief Engineer. The City shall furnish copies of the required insurance policies for review by the District.

A. City shall provide comprehensive general liability insurance with a minimum combined single-limit coverage of Five Million and No/100 Dollars ($5,000,000.00) for all damages, including consequential damages, due to bodily injury, sickness, or disease, or death to any person(s) or damages to or destruction of property, including the loss of use thereof, arising from each occurrence. All insurance policies required by this License shall include the following language: “Contra Costa County Flood Control and Water Conservation District, and Contra Costa County, their boards, officers, agents, and employees are additional insureds under this insurance policy as to all operation and activities associated with the License for the Joint Use Areas.” Said policies shall constitute primary insurance as to the District and County, their directors, officers, and employees, so that other insurance polies held by them or their self-insurance programs shall not be required to contribute to any loss covered under City’s insurance policy or policies.

District may from time to time, at its sole discretion, modify the requirements of this Section, including requiring the City and the City’s contractors and subcontractors to modify the limits of coverage, to provide and maintain insurance coverage for additional categories of risk, or to otherwise change the policy provided for each type of insurance to reflect changes in general costs or in risk exposure due to the City’s use of the Joint Use Areas.

B. City shall take out and maintain Worker’s Compensation and Employer’s Liability Insurance, as required by law, for all of its employees working on the Joint Use Areas. City shall require any subcontractor to provide it with evidence of Worker’s Compensation and Employer’s Liability Insurance, all in strict compliance with California State Laws.

C. City shall provide District with a copy of City’s insurance policies issued by a carrier evidencing liability insurance as required herein no later than the effective commencement date of this License. If City should renew the insurance policies or acquire either a new insurance policy or amend the coverage afforded through an endorsement to the policy at any time during the term of this License, City shall provide a current copy of the insurance policy to the District.

D. City shall require all contractors and subcontractors, performing work for the City in the Joint Use Areas or using the Joint Use Areas in accordance with the activities defined in this License, to provide insurance coverage of the types and in the amounts as set forth in this section or as specified by the District and to furnish evidence of such insurance to the City and the District. The insurance policies provided by the City’s contractors and subcontractors shall constitute primary insurance as to the District and County, their boards, officers, agents and employees, so that other insurance policies held by them or their selfinsurance programs shall not be required to contribute to any loss covered under insurance policy or policies of the City’s contractor and subcontractors.

The insurance policies provided by City and the City’s contractors and subcontractors shall include a provision requiring thirty-days (30) written notice to District before cancellation, lapse, or material change of the above-specified coverage. This License shall not become effective until insurance coverage verification satisfactory to the District is received and approved in writing by the District. The City shall modify its insurance coverage and compel the modification of the insurance coverage of its contractors and subcontractors upon thirty (30) days written notification by the District’s Chief Engineer to do so.

17. Assignment: City shall not assign or transfer this License or any interest herein, without the prior written consent of District.

18. Waivers: No waiver by either party of any breach or violation by the other party of any provision of this License shall be deemed to be a waiver of any breach or violation of any other provision hereof, nor of any subsequent or continued breach or violation of the same or any other provision of this License. District’s acceptance of any monies that become due under this License shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by City of this License.

19. Non-Discrimination: City shall not discriminate, or allow any discrimination against or segregation of any person or group of persons on account of race, age, color, sex, creed, religion, national origin, or ancestry, or any basis protected under the law, in the use, occupancy, tenure, or enjoyment of the Joint Use Areas.

20. Prior Agreements: This License represents the entire agreement of the parties hereto, and replaces any and all other previous agreements, if any, between the parties concerning the Joint Use Areas. This License can only be modified by a written amendment signed by each of the parties hereto.

21. Limitations of Use: District and City have determined, and City hereby acknowledges, that City’s Uses, as described in Section 6 titled “City’s Uses of the Joint Use Areas”, may not always be compatible with District’s Uses, as described in Section 5 titled “District’s Use”, even if City observes and complies with the terms of this License. In circumstances where City’s Use of the Joint Use Areas presents a threat to the public’s health and safety, in the reasonable determination of the District, the District shall have the right to suspend, limit, or to modify City’s Use of the Joint Use Areas upon three months written notice from the District, including requiring City to remove any of its facilities, improvements, equipment, or other property from the Joint Use Areas, or from the area of which the Joint Use Areas forms a part, if applicable, or to restore the condition of the Joint Use Areas, as necessary, at no cost to the District. Where the District has approved the City’s Uses and development of related facilities, improvements and/or equipment prior to a determination that such uses and/or improvements conflict with the District’s Uses, the District shall be required to consult with the City in good faith to discuss the possible conflict in use and determine if the parties can come to resolution on the issue prior to final determination that a conflicts exists which cannot be harmonized. Such good faith discussion shall occur for 30 days prior to any final determination and action by District to suspend, limit or modify the City’s Use of the Joint Use Areas. Any requirement for removal after a conflict in use determination shall require 6 months’ notice.

City understands that District's primary uses of the Joint Use Areas, or the areas of which

the Joint Use Areas form a part, are paramount, and City's Uses of the Joint Use Areas for recreational and other purposes can continue only if such use does not interfere with or increase the costs of District's operations associated with the Joint Use Areas, unless mitigated by the City.

District shall not be responsible or liable for damage or removal of any improvements placed, installed, repaired or constructed by the City in the Joint Use Areas when there is an emergency related to District’s Uses described in Section 5, “District Uses” above unless such damage or removal is due to the gross negligence or willful misconduct of the District. In all other cases, District shall notify City of work that is necessary and allow City the opportunity to make repairs. Both parties will use their best efforts to minimize damage to the other party’s facilities.

22. Termination: This License may be terminated as follows:

A. At any time upon the mutual written agreement of the parties as approved by each party’s governing body.

B. District and City shall each have the right to terminate this License upon the other party’s breach of any material term, covenant or condition of this License. A party shall be in breach of this License if said party fails to perform or observe any material term, covenant or condition of this License for a period of thirty (30) days following receipt of a written “Notice of Breach” from the other party (the “Cure Period”); provided, however; a party shall not be in breach if the nature of the alleged breach is such that it cannot reasonably be cured within the Cure Period but the party commences a cure within the Cure Period and diligently proceeds to complete a cure of the breach. In those instances where there is a dispute between the parties as to whether a breach has occurred or the cure is adequate, the parties agree to resolve the dispute in accordance with Section 24 titled “Dispute Resolution”, below.

23. Surrender of the Joint Use Areas: Upon receipt of District’s notice to suspend, limit or terminate the City’s Uses of any or all of the Joint Use Areas, City shall have the right to remove any improvements installed by City upon the Joint Use Areas affected by the District’s decision. If, following such notice from the District, City determines that it does not want to remove some or all of the affected improvements, District shall determine whether or not District will want the improvements to remain on the Joint Use Areas. In the event that District determines that is does not want the improvements to remain on the Joint Use Areas, then City shall immediately remove the improvements, and shall restore the Joint Use Areas to the condition existing just prior to City’s Uses of the Joint Use Areas, such to be at no cost to the District.

24. Dispute Resolution: Should there be any dispute between City and District regarding the interpretation or the enforcement of this License, or regarding the acts or omissions of either City or District, such dispute shall be first submitted to mediation before a

mutually agreed-upon mediator before either City or District may commence litigation.

If City or District cannot agree upon the identity of a mediator within ten (10) business days after a party requests mediation, then City and District shall each select a mediator and those two mediators will select a third mediator to mediate the dispute. Neither City nor District shall be entitled to collect or be reimbursed for its attorneys’ fees in connection with any such mediation or for the fees of the mediator paid by any party hereto. However, the parties shall share equally in the expense of the mediator who ultimately handles the mediation. The City and District shall use all best efforts and due diligence to complete mediation as soon as possible after it is initiated hereunder.

Should either party, in its sole discretion, determine that mediation is proving unsuccessful, such party shall give notice to the other party and, thereafter, both parties may avail themselves to those remedies available under law or in equity.

25. Notices: All notices given under this License shall be served by enclosing the same in a sealed envelope addressed to the other party, certified mail, postage prepaid, addressed as follows:

To District: Chief Engineer
Contra Costa County
Flood Control and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
To City: City Manager
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Or to such other address as either party may designate by written notice to the other.

Delivery shall be deemed effective: on the same day if delivery is made in person; on the next day after the date of mailing if delivery is made by overnight carrier; or on the fifth day following the date of mailing, if delivery is made by First Class U.S. mail.

26. No Third Party Beneficiaries: Nothing in the License shall, nor is it intended to, confer on any person or party other than District, County and City, any rights or remedies under this License.

27. Amending License Agreement: This License cannot be modified or amended except in writing agreed upon by both parties hereto, which written agreement shall be in the form of an amendment to this License and approved by the Contra Costa County Board of Supervisors acting as the governing body of the District.

28. Modifications to Exhibits: The exhibits attached to this License shall be subject to modifications, including, but not limited to the addition or removal of Joint Use Areas, only by written mutual consent of both parties, which requires approval by the Chief Engineer or designee and includes the issuance of a Flood Control Encroachment Permit prior to any modifications being permitted.

29. Utilities: City shall not install any utilities, including, but not limited to, gas, water, electricity, garbage disposal, storm water and sanitary sewer services, and telephone services, on the Joint Use Areas without District's prior written consent. Upon District's prior written consent, City shall install all utilities so approved at City's sole expense,

and City shall pay, on City's own account, all charges for said utilities used or consumed on the Joint Use Areas.

30. Severability: If any term, covenant, or provision of this License, which does not materially affect the consideration of this License, is held to be invalid, illegal, or unenforceable in any respect, the validity of the remainder of this License shall not be affected thereby.

31. Controlling Law and Venue: This License shall be construed in accordance with the laws of the State of California. In the event of any dispute arising under this License, venue shall be set in Contra Costa County and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

32. Paragraph Headings: Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

Remainder of page left intentionally blank.

33. Counterparts: This License may be executed in three (3) or more counterparts, each of which is deemed to be an original.

DISTRICT: CITY:

CONTRA COSTA COUNTY CITY OF BRENTWOOD

FLOOD CONTROL AND WATER

CONSERVATION DISTRICT
By By _
Warren Lai Darin Gale
Chief Engineer Interim City Manager
Date: Date _
(Date of Board Approval) (Date signed)
RECOMMENDED FOR APPROVAL: ATTEST:

By By
Jessica L. Dillingham Amanda McVey
Principal Real Property Agent City Clerk
Date: Date _
APPROVED AS TO FORM: APPROVED AS TO FORM:

Thomas Geiger, County Counsel Katherine Wisinski, City Attorney By By

Deputy County Counsel City Attorney

EXHIBIT A

MAP OF JOINT USE AREAS

EXHIBIT B

DESCRIPTION OF JOINT USE
AREAS

Line E
L
ni e
E-1
Marsh Creek
Sand Creek
Dry Creek
Deer Creek
7 4
5 3
9 8
6 2
11 20
16 23
26 27
31 19
25 12
15 29
22 30
10 21
14 17 18
13 24 28

BALFOUR RD
B
R
E
N
T
W
O
O
D
BLV
D

LONE TREE WAY
WALN
U
T
BLV
D
Designed 9/11/2024 by M. Burger
0 900 1,800 3,600
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Dry Creek
F
airvie
w
Av
e
Arlington Way
Crescent Dr
C
el arv
ei w
Dr
Gladstone
Dr
L
bi erty
L
n
Buckingham Dr
Clare
m
o
nt Dr
Brookdale Dr
Clay Ct
Rubidoux Ln
Claremont Ct
M
o
ntro
s
e
Ct
Katy Way
Benoni Ln
Bro
o
k
d
a
el Ct
Margil Way
York
Ct
Longleaf Ct
F
airvie
w
Av
e
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Dry Creek
Ma
rsh
Cree
k
Crescent Dr
Claremont Dr
Brookdale Dr
Arlington Way
Chaucer Dr
C
el arv
ei w
Dr
Cheshire
Dr
Chelmsford
Dr
Torr ni gto
n
Dr
C
a
nfield
Ct
Starview
Ct
Foxtail Ct
Clay Ct
Claremont Ct
La
m
bert Ct
M
o
s
s
H
ollo
w
Ct
M
o
ntro
s
e
Ct
Blu
esag
e
Ct
Bro
o
k
d
a
el Ct
Flagstone
Ct
Longleaf Ct
Weatherly Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Ma
rsh
Cree
k
Dry Creek
Creekside Park
Crescent Dr
Marsh Creek Trl
Claremont
Dr
Woodsong Ln
Cheshire
Dr
Revenna Way
S
a
n
M
arin
o
L
n
Brookdale Dr
Rosegate Ave
Chaucer Dr
Chelmsford
Dr
L
u
n
a
Ct
D
a
nte
Ct
Q
uiet G
a
ble
Ct
Foxtail Ct
Jericho Ct
M
o
n
d
a
vi L
n
M
o
s
s
H
ollo
w
Ct
Flagstone
Ct
Como Ct
Crystal Garden Ct
Roseto Ct
Schilling Ct
Weatherly Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Ma
rsh
Cree
k
Veteran's Park
Balfour Rd
M
ars
h
Cre
e
k
Trl S
w
e
etgra
s
s
Dr
Woodsong Ln
Darby Dr
Cre
s
c
e
nt Dr
R
o
s
e
g
ate
Av
e
G
old
m
e
a
d
o
w
Ct
Win
d
mill Ct
Arbor Ct
Gristmill Dr
Am
berle
af
Way
Wheatfield Way
Barringto
n
Ct
Wheatfield
Ct
Cornsilk Ct
New Holland Dr
Avin
gto
n
Ct
Bellmeade Ct
Schilling Ct
Gathering Ct
Furrow Dr
Balfour Rd
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh
Creek
Dainty Ave
S
ara
h
St
M
ars
h
Cre
e
k
Trl
Central Blvd
Duffy Way
Darby Dr
B
e
atric
e
St
Sienna Ln
Bra
m
h
all St
Valley Green Dr
Griffith
L
n
Coven Summer Cir try Cir McClarren Rd
E
state
s
Dr
Ja
k
e
s
L
n
Gristmill Dr
Countryside Ct
S
urre
y
W
a
y
F
arm
hill W
a
y
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
Sand Creek
Deer Creek Marsh Creek Trl
Central Blvd
Fawnbrook Dr
E
state
s
Dr
M
ars
h
Ct
Deer Creek Ln
Griffith
L
n
Buckskin Ter
F
ore
st Vie
w
C
m
n
Tim
b
erlin
e
Ter
R
o
c
k
y
Cre
e
k
Ter
Willow
Cre
e
k
Ter
Caribou Ter
E
state
s
D
M
r
arsh
Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
Sand Creek
Deer Creek
Monarch Park
Palmilla Park
Marsh Creek Trl
Griffith
L
n
Bella Dr
Central Blvd
E
state
s
Dr
Randy Way
Pacifica Dr
Bamboo Dr
M
ars
h
Ct
Cabada Dr
MacArthur Way
Palmilla Dr
Savannah Way
Fan Palm Ln
Central Blvd
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh
Creek
Sungold Park
Kestrel Park
Marsh
Creek Trl
Ohara Ave
Monte Verde Ln
Mission Field Ln
Carmel Pkwy
M
u
s
c
at Ct
Wassen Ct
B
a
b
c
o
c
k
Ct
Via
M
ar Pl
C
a
brillo
Way
Sungold Ct
Ohara Ave
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
O
h
ara
Av
e
Sand Creek Rd
Marsh Creek Trl
Caper Dr
Washington Dr
L
o
n
e
O
a
k
R
d
Jefferson Dr B
u
sin
e
s
s
C
e
nter Dr
Lone Oak Ct
S
a
v
ory
Dr
C
e
ylo
n
Dr
Rega
n
Way
Thyme Ct
H
arr si o
n
L
n
Eis
e
n
h
o
w
er W
a
y
Sand Creek Rd
Ohara Ave
Marsh Creek Trl
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
Sparrow Park
M
ars
h
Cre
e
k
Trl
Country Ct
L
o
n
e
O
a
k
R
d
Applewood Ct
Haevenwood Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
Marsh Creek
Homecoming Park
Marsh Creek Vista Park
Marsh Creek Trl
Grant St
Pasco Dr
Sunset Rd
Kayla Pl
Dunedin Dr
T
hic
k
et Pl
H
e
d
g
e
A
v
e
Bosk Ave
Trent Pl
Havenwood Ave
L
e
e
W
a
y
Bru
s
h
w
o
o
d
Pl
Jane
Way
Homecoming Way
Alm
o
n
d
St
T
u
c
k
a
h
o
e
W
a
y
W
e
s
pt o
ni t W
a
y
M
c
H
e
nry
W
a
y
Sunset Ct
Debbie Ln
D
u
n
b
arto
n
Dr
Litt el Jo
h
n
W
a
y
Haevenwood Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
Homecoming Park
Sunset Rd
Hanson Ln
Marsh Creek Trl
Beverly Pl
Tre
s
c
h
Av
e
Laird Pl
Trailsid
e
Dr
H
o
m
e
c
o
min
g
W
a
y
Twilight Ct
Foxboro Ct
H
e
artla
n
d
Cir
Creektrail Ct
Trail Ct
M
c
H
e
nry
W
a
y
J
a
n
e
Wa
y
H
e
art al n
d
Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
M
ars
h
Cre
e
k
Trl
Elkin
s
W
a
y
Lone Tree Way
Hanson Ln
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Marsh Creek
Marsh Creek Trl
Elkin
s
W
a
y
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

D
e
er Cre
e
k
F
airvie
w
Av
e
Buena Vista St
Apple
Hill Dr
Corte Vista St
D
e
er Cre
e
k
Trl
Garland Way
Orc
h
di Ct
Rutherford
Cir
S
u
nlig
ht Dr
S
u
n
s
hin
e
Ct Summerwood Dr
Orchid Dr
F
all Dr
Garnet
Ter
M
o
nterro
s
a
Ct
Rockingham Ter
O
utlo
o
k
St
Duchess Ter
Blo
s
s
o
m
Ct
Jonathan Ter
F
airvie
w
Av
e
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Deer Creek
F
airvie
w
Av
e
Summerwood Dr
Ironwood Dr
Glenwillow Dr
Autumn
Dr
Orc
h
di Ct
Stonewood Dr
Blossom
Dr
S
u
nlig
ht Dr
Solana Dr
Springhaven Dr
Orchid Dr
S
u
n
s
hin
e
Ct
Hollowbrook Dr
Cherry Tree
Ct
Spring St
F
all Dr
Stonehaven Dr
C
h
erry
Tre
e
W
a
y
Sto
n
e
w
o
o
d
Ct
Blossom
Ct
Shadow Falls Dr
D
o
w
nie
P
oint Dr
Canyonwood Ct
Pe
ach
willow
Ct
F
airvie
w
Av
e
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Deer Creek
Min
n
e
s
ota
Av
e
Glenwillow Dr
Ironwood Dr
Canyonwood
Dr
Summerwood Dr
S
a
n Jo
s
e
Av
e
Springhaven Dr
Allbrook
Ct
Stonewood Dr
Hollowbrook Dr
S
a
n
d
Cre
e
k
N
orth
Sid
e
Trl
Cherry Tree
Ct
Twinbridge Ct
Cro
s
srid
g
e
Ct
C
h
erry
Tre
e
W
a
y
Sto
n
e
h
a
v
e
n
Dr
Hollowbrook Ct
Creekwood
Ct
Elk Run Ter
Allbro
o
k
Dr
Canyonwood Ct
Crossridge Dr
Autu
m
n
Dr
Pe
ach
willow
Ct
Bighorn Ter
Glenellen Ct
Springhaven Ct
Doeskin Ter
Charmstone
Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Sand Creek
Sand Creek Rd
Cypress St
L
a
s
F
ol re
s
Dr Las Colinas Dr
H
olly
Ct
Las Montanas Ct
Vale
Ct
Ac
a
cia
Ct
Ju
nip
er Ct
Alder Creek Way
Mill Cre
e
k
W
a
y
Sand Creek Rd
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Sand Creek
Sand Creek Rd
Highland Way
F
airvie
w
Av
e
Jasmine Pl
Cypress St
L
ni d
e
n
St
H
olly
St
Jasmine
Ct
H
olly
Ct
Ac
a
cia
Ct
Roselinda Dr
Sand Creek Rd
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Sand Creek
Sand Creek Rd
Orchid
Dr
F
airvie
w
Av
e
Stonewood Dr
Sand Creek North Side Trl
Breakwater Way
Mulberry
Pl
Sand Creek South Side Trl
Meadow Brook Dr
Aspen
Ct
S
a
n
d
Drift Dr
Jasmine Pl
T
di e
w
ater Ct
Sea
Vista
Dr
A
utu
m
n
Valle
y
W
a
y
D
a
w
n
vie
w
Ct
Willo
wwo
o
d
Ct
Sand Creek Rd
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Sand Creek
Summerwood Park
Min
n
e
s
ota
Av
e
Breakwater Way
San Jose Ave
Sand Creek South Side Trl
Stonewood Dr
Sand Creek North Side Trl
O
utrig
g
er Cir
S
e
a Isla
n
d
Ct
Willowwood Ct
Lea
ning
Oa
k
Dr
Aspen
Ct
Sea Breeze Ct
Primrose
Ct
O
c
e
a
n
Ct
Tid
e
w
ater Ct Hollowbrook Ct
Hazelwood Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Sand Creek
Deer Creek
Min
n
e
s
ota
Av
e
Randy Way
Q
u
ail Ct
D
o
v
e
Ct
L
a
urie
Dr
Outrigger Cir
Allbro
ok
Ct
Elk Run Ter
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
O
h
ara
Av
e
Grant St
Trinity
Dr
G
old
P
o
p
p
y
St
S
a
g
e
S
p
arro
w
St
Star Lilly
Ct
Minnesota Ave
Natwick Way
Chili Ct
Baylaurel Ct
Peregrine St
R
e
g
al Dr
Nighthawk Way
St Martins Pl
O
h
ara
Av
e
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
Seedling Park
O
h
ara
Av
e
Grant St
Wa
y
n
e
Dr
Fitz
g
erald
Wa
y
Bond Ln
Lavender Dr
Star Lilly
Ct
M
ni t Dr
Natwick Way
Chili Ct
Minnesota Ave
Pim
e
nto
Dr
Dylan Ln
Coria
n
d
er Dr
Parsley Dr
Peregrine St
O
h
ara
Av
e
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
Dolphin Park
Grant St
Adams
Ln
Fitz
g
erald
Wa
y
Big Basin Dr
Parsley Dr
M
ni t Dr
P
a
prik
a
Dr
Pim
e
nto
Dr
Tarra
g
o
n
Dr
Bond Ln
Lavender Dr
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
Dolphin Park
Grant St
Ada
ms
Ln
Big Basin Dr
L
o
n
e
O
a
k
R
d
M
alib
u
Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E
Lin
e
E-1
Big Basin Park
Grant St
H
e
d
g
e
A
v
e
T
hic
k
et Pl
Big Basin Dr
Dunedin Dr
Bosk Ave
Bru
s
h
w
o
o
d
Pl
L
o
n
e
O
a
k
R
d
C
e
s
ar C
h
a
v
e
z
Dr
M
alib
u
Ct
W
e
s
pt o
ni t W
a
y
D
u
n
b
arto
n
Dr
H
u
ntin
gto
n
Wa
y
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E-1
Arbor View Park
Iris Ct
Bonnie Ln
D
a
hl ai Dr
H
a
wth
orn
Dr
Atherton Blvd
Ascot Pl
Kenwood Dr
A
n
d
ers
o
n
L
n
Buckeye Dr
Hawthorn
Pl
Ascot Ct
D
o
v
er Ct
Begonia Dr
Buckeye Ct
Begonia Pl
D
a
hlia
Ct
H
a
wth
orn
Ct
Designed 9/11/2024 by M. Burger
0 100 200 400
Feet
Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

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255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

Line E-1
Lone Tree Way
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Document Path: \\pw-data\grpdata\fldctl\CurDev\CITIES\Brentwood\Joint Use Areas Agreement\GIS 2024\Brentwood JUA Exhibit A.mxd DRAFT
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
Contra Costa County
Flood Control
Brentwood/Flood Control District
License Agreement For Joint Use Facilities
Exhibit A

DATA DISCLAIMER - USE AT YOUR OWN RISK
This map contains copyrighted information. Reproducing all or any portion of this map is an infringement of copyright law.

Users of this map agree to read and accept County of Contra Costa disclaimer of liability and warranties provided herewith. and Water Conservation District
Marsh Creek Regional Trail

FCD EASEMENT
! ! ! !
! ! ! !
! ! ! !

FCD FEE TITLE
Creeks
City Limits
A - Flood Detention Basins
B - City Landscaping Along Flood Control Channels
C - Pedestrian Bridges
Sports Field in Basin ¯

1 OF 3

EXHIBIT B

LICENSE AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT

REGARDING JOINT USE AREAS

DESCRIPTION OF JOINT USE AREAS
The City of Brentwood (City) and Contra Costa County Flood Control and Water Conservation District (District) have compiled this list of Joint Use Facilities for City’s use within District’s property. This list includes existing facilities and planned facilities based on City’s approved Parks, Trails, and Recreation Master Plan dated June 2002 and City’s Parks, Trails & Recreation Master Plan Update dated February 26, 2019. This list can be updated in accordance with the License. Maintenance responsibilities are summarized below, and fully described in the License.

Refer to the template below which indicates the location of pertinent information:

FCD Facility Name (Reference Streets or Channels)
Description of City Facilities and Locations
(west and north side)
A. FLOOD DETENTION BASINS – The City is allowed to use and required to maintain the following areas:
a. Deer Creek Basin (Fairview Avenue at Buena Vista Street) i. Sports field in basin (map page 16)
(west and north side)
b. Lower Sand Creek Basin (Old Sand Creek Road at Sand Creek Road)
i. Planned sports fields in basin (map page 19)
(south side)
B. CITY TRAIL AND LANDSCAPING ALONG FLOOD CONTROL DISTRICT CHANNELS – The City is allowed to use and required to maintain a trail and two-foot shoulders, including landscaping along the trail from the top of bank to the right of way line in the following areas:
a. Dry Creek (map pages 2-4)
i. Trail 140 feet west of Arlington Way (north side)
ii. Trail from Claremont Court Access to Claremont Drive (north and south side) iii. Trail from Creekside Park to Marsh Creek (north side) b. Marsh Creek (map pages 4-15)
i. Trail from Creekside Park to Balfour Road (east side) ii. Trail connection at Quiet Gable Court (east side)
iii. Trail connection at Cystal Garden Court (south side) iv. Trail connection at Arbor Court (east side)

2 OF 3
v. Tail from Balfour Road to Dainty Avenue (east side)
vi. Trail connection at Summer Circle (east side)
vii. Trail from Central Boulevard to 280 ft north (including underpass) (east side) viii. Trail from Dainty Avenue to Central Boulevard (east side) ix. Trail connection to Monarch Park (east side)
x. Trail from Mission Field Lane to Sungold Park (west side) xi. Trail west of Kestrel Park from 215 feet south of railroad underpass (east side) xii. Trail connection 700 feet east of O’Hara Avenue and Sand Creek Road
(south side)
xiii. Trail connection 350 feet northwest of Bus. Center Drive and Sand Creek Road
(south side)
xiv. Trail connection at Sparrow Park (east side)
xv. Planned trail between Sunset Road and Lone Tree Way (west side) xvi. Trail connection from Trail Court to Marsh Creek Regional Trail (east side) xvii. Trail connection from Tresch Avenue to Marsh Creek Regional Trail (east side) xviii. Trail connection at northeast corner of Brentwood Water Treatment Plant.
(east side)
c. Deer Creek (map pages 16-18)
i. Deer Creek Trail to Buena Vista Street (within basin) (north side) ii. Trail from Fairview Avenue to San Jose Avenue (north and west side) iii. Goat grazing in channel between San Jose Avenue and Minnesota Avenue
(north and south side)
d. Sand Creek (map pages 19-23)
i. Trail from Sand Creek Road to Minnesota Avenue (north and south side) e. FCZ 1 Line E (map pages 12 & 24-28)
i. Trail from Nighthawk Way to O’Hara Avenue (north side) ii. Trail from O’Hara Avenue to Adams Lane (north side) iii. Trail from Adams Lane to FCZ 1 Line E-1 (north side) iv. Trail from Grant Street to Marsh Creek (north and east side) f. FCZ 1 Line E-1 (map pages 28-31)
i. Trail from Ascot Court to Lone Tree Way (west side)

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ii. Trail from Lone Tree Way to Adams Lane (west side)
iii. Trail from Adams Lane to Grant Street (south and west side) C. Pedestrian Bridges – The City is allowed to use and shall maintain pedestrian bridges and the adjacent creek area for ten feet on either side. The District shall be responsible for creek flow capacity (silt removal) and creek structural repairs in the following areas. a. Marsh Creek
i. Between Crescent Drive and Quiet Gable Court (map page 4) (east-west) ii. Between Valley Green Drive and Summer Circle (map page 6) (east-west) iii. Planned bridge at Monarch Park (map page 8) (east-west) iv. Between Sungold Park and Kestrel Park (map page 9) (east-west) v. Marsh Creek Trail at Brentwood Boulevard (map page 12) (north-south) vi. Marsh Creek Trail 200 feet south of Sunset Road (map page 12) (east-west) vii. Between Homecoming Park and Marsh Creek Trail (map page 13) (east-west) b. Sand Creek
i. 550 feet downstream from Fairview Avenue (map page 22) (north-south) ii. Between Summerwood Park and Sand Creek Trail (map page 23) (north-south) c. FCZ 1 Line E
i. 340 southeast of Nighthawk Way (map page 24) (north-south)

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, TO EXECUTE A LICENSE AGREEMENT

BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT AND THE CITY OF

BRENTWOOD, FOR JOINT USE OF CONTRA COSTA COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT

PROPERTY AS RECREATIONAL AREAS
WHEREAS, Contra Costa County Flood Control and Water Conservation District holds ownership title to various property within the City of Brentwood; and WHEREAS, Contra Costa County Flood Control and Water Conservation District property primarily consists of flood control channels, basins and creeks which traverse the City; and
WHEREAS, Contra Costa County Flood Control and Water Conservation District has allowed the City to utilize portions of these areas for recreational purposes; and
WHEREAS, the License Agreement identifies detailed terms for use of the Contra Costa County Flood Control and Water Conservation District land by the City and the responsibilities of both parties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager, or designee, in consultation with the City Attorney, to execute a License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood in substantial conformance with the attached License Agreement, for joint use of Contra Costa County Flood Control and Water Conservation District property as recreational areas.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a special meeting held on the 1
st day of July 2025 by the following vote:

CITY COUNCIL AGENDA ITEM NO. D.5
07/01/2025
SUBJECT: Award Agreements for Professional Services with On-Call Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Land Surveying Services DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute on-call agreements for professional services for Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Land Surveying Services in an amount not-to-exceed $200,000 per agreement for Fiscal Year 2025/26; and approving and authorizing the City Manager or designee to execute up to two additional one-year extensions for these agreements in a not-to-exceed amount of $200,000 per agreement, per fiscal year, and allow for additional revisions to the agreements, in consultation with the City Attorney.

FISCAL IMPACT
These agreements are for on-call services and only utilized in the event there is a specific project need. Project budgets are prepared to include funding for civil/structural design services, geotechnical/construction materials and land surveying services. Verification of funding availability will occur prior to retaining the selected on-call consultant for each specific project. There is no Operating Budget amendment being requested in this action.

BACKGROUND
The City Council was scheduled to consider this item at its June 24, 2025 meeting, which was cancelled for lack of a quorum.

Every three years, staff from Engineering prepares Requests for Qualifications (“RFQs”) for On-Call Services for Civil/Structural Design Services, Geotechnical Services, and Land Surveying Services for various capital improvement projects.

CITY COUNCIL AGENDA ITEM NO. D.5
07/01/2025
This process allows staff to have consultants available for use on a rotation basis for multiple phases in the life of projects. There are many occasions where these services are needed immediately, such as for Strategic Initiatives, and having consultants in a stand-by mode eliminates potential delays to the projects. Over the past three years, on-call consultants have been utilized on approximately 40 or more tasks, across multiple projects.

The RFQs were advertised in the local paper and builders’ exchanges. Staff received a total of 24 submittals from various firms: nine for Civil/Structural Design Services, nine for Geotechnical/Construction Materials Testing Services, and six for Survey and Related Services.

A committee of three Engineering staff members reviewed the submittals in detail and ranked them based upon criteria published in each respective RFQ. Staff is of the opinion that the following on-call consultants are the most qualified for use on a rotation basis on capital improvement projects for Fiscal Year 2025/26:

Civil/Structural Design
Services

1. Consor Engineers, LLC

2. Matt MacDonald Group, Inc.

3. Wood Rodgers, Inc.

Geotechnical/Construction
Materials Testing Services

1. BSK Associates

2. Construction Testing Services, Inc.

3. Twining, Inc.

Land Surveying Services

1. BKF Engineers

2. R.E.Y. Engineers, Inc.

3. Ruggeri-Jensen-Azar
Attached are nine (9) draft on-call agreements. Staff is working with the consultants to finalize the agreements, some of which require revisions to the consultants’ proposals attached to the agreements as the scope of work, to remove language limiting their liability to the City, as well as additional non-substantive revisions.

Therefore, staff is seeking authority from Council to allow for these revisions, in consultation with the City Attorney. If agreement cannot be reached with a consultant on the language in their proposal, that agreement will not be executed with that consultant.

As the end of the fiscal year approaches, some of the consultants may modify their service rates. The attached resolution seeks authorization for the City Manager to

CITY COUNCIL AGENDA ITEM NO. D.5
07/01/2025
execute amendments to these agreements to reflect changes to consultant service rates in future fiscal years. This will not change the not-to-exceed amount for any agreement.

In conclusion, to ensure the timely delivery of capital improvement projects, staff recommends approval of these Agreements for Professional Services up to a maximum amount of $200,000 per agreement for Fiscal Year 2025/26, as well as approval and authorization to the City Manager or designee to execute up to two additional one-year extensions for these agreements, in an not-to-exceed amount of $200,000 per agreement, per fiscal year.

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.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Continue the item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement with Consor Engineers, LLC

4. Agreement with Mott MacDonald Group, Inc.

5. Agreement with Wood Rodgers, Inc.

6. Agreement with BSK Associates

7. Agreement with Construction Testing Services, Inc.

CITY COUNCIL AGENDA ITEM NO. D.5
07/01/2025

8. Agreement with Twining, Inc.

9. Agreement with BKF Engineers

10.Agreement with R.E.Y. Engineers, Inc.

11.Agreement with Ruggeri-Jensen-Azar

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 May 24, 2022, by Resolution No. 2022-61, the City Council approved and authorized the City Manager or designee to execute Agreements for Professional Services with On-Call Civil/Structural Design, Geotechnical/Construction Materials Testing, and Land Surveying Consultants in a not-to-exceed amount of $100,000 for Fiscal Year 2022/23 and approving and authorizing the City Manager or designee to execute up to two additional one-year extensions for these agreements in a not-toexceed amount of $100,000 per fiscal year.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE AGREEMENTS FOR

PROFESSIONAL SERVICES FOR ON-CALL CIVIL/STRUCTURAL

DESIGN SERVICES, GEOTECHNICAL/ CONSTRUCTION

MATERIALS TESTING SERVICES, AND LAND SURVEYING
SERVICES IN A NOT-TO-EXCEED AMOUNT OF $200,000 PER
AGREEMENT FOR FISCAL YEAR 2025/26; AND APPROVING AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE

UP TO TWO ADDITIONAL ONE-YEAR EXTENSIONS FOR THESE
AGREEMENTS IN A NOT-TO-EXCEED AMOUNT OF $200,000 PER

AGREEMENT, PER FISCAL YEAR
WHEREAS, on May 24, 2022, by Resolution No. 2022-61, the City Council approved and authorized the City Manager or designee to execute Agreements for Professional Services with On-Call Geotechnical, Survey, and Civil/Structural Design Consultants in a not-to-exceed amount of $100,000 for Fiscal Year 2019/20 and approving and authorizing the City Manager or designee to execute up to two additional one-year extensions for these agreements in a not-toexceed amount of $200,000 per fiscal year; and WHEREAS, every three (3) years, staff prepares Requests for Qualifications (“RFQ”) for On-Call Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Land Surveying Services (“Services”) for various capital improvement projects; and WHEREAS, this process allows staff to have consultants available for use on a rotation basis for multiple phases in the life of projects; and WHEREAS, the RFQs were advertised in the local paper and builders’ exchanges; and
WHEREAS, these documents were advertised in the local paper and through builders’ exchanges; and
WHEREAS, a committee of three Engineering staff members reviewed the submittals in detail and ranked them based upon criteria published in each respective RFQ; and
WHEREAS, based on the entire RFQ process, staff is of the opinion that the following on-call consultants are the most qualified for use on a rotation basis on capital improvement projects for Fiscal Year 2025/26:

Civil/Structural Design
Services

1. Consor Engineers, LLC

2. Matt MacDonald Group, Inc.

3. Wood Rodgers, Inc.

Geotechnical/Construction
Materials Testing Services

1. BSK Associates

2. Construction Testing Services, Inc.

3. Twining, Inc.

Land Surveying Services

1. BKF Engineers

2. R.E.Y. Engineers, Inc.

3. Ruggeri-Jensen-Azar
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:

1. Approve and authorize the City Manager or designee to execute Agreements for Professional Services for On-Call Services in a not-toexceed amount of $200,000 per agreement for Fiscal Year 2025/26 with:
a. Consor North America, Inc, Mott MacDonald Group, Wood Rodgers, Inc. for On-Call Civil/Structural Design Services.
b. BSK Associates, Construction Testing Services, and Twining, Inc. for On-Call Geotechnical/Construction Materials Testing Services c. BKF Engineers, R.E.Y. Engineers, Inc., and Ruggeri-Jenzen-Azar for On-Call Land Surveying Services.

2. Authorize staff, in consultation with the City Attorney, to negotiate modifications to the scope of work, as well as non-substantive revisions, to said agreements prior to their execution by the City Manager.

3. Authorize the City Manager to execute amendments to said agreements to reflect changes to Consultant service rates in future fiscal years.

4. Approve and authorize the City Manager or designee to execute up to two (2) additional one-year extensions in a not-to-exceed amount of $200,000 per agreement, per fiscal year.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a special meeting held on the 1st day of July 2025 by the following vote:

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AGREEMENT FOR CIVIL/STRUCTURAL ENGINEERING SERVICES
Consor North America, Inc.

THIS AGREEMENT is made and entered into as of the _____ day of __________________, 20_____ by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Consor North America, Inc., an Oregon Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in civil/structural design services, which are professional services outside of services offered by City.

B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.

C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.

D. City desires to engage Consultant to provide these services because of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Work.

1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services.

Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this DRAFT

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On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will be effective from July 1, 2025 through June 30, 2026. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. Extensions will be based upon a satisfactory review of Consultant'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 Agreement.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of two hundred thousand dollars ($200,000) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant because of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

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7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or their designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City.

Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

9. Indemnification. Consultant agrees to indemnify, including the cost to defend, City, its officers, agents, volunteers and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City.

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

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10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

10.8 Waiver of Subrogation. The policies will contain a waiver of subrogation for the benefit of City.

11. Business License. If required, Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement DRAFT

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14. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement will be given in writing and will be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5307
Attn: Vatsal Patel, Engineering Manager
For Consultant:

Name: Consor North America, Inc.

Title: Contract Manager/Project Manager
Address: 2950 Buskirk Avenue, Suite 250
Walnut Creek, CA 94597
Phone No.: 925-939-7100
Attn: Andrew Mitchell, P.E.

Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

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18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws, ordinances, and regulations (“Laws”) that in any manner affect those employed by Consultant, or in any way affect Consultant’s performance of the Services. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances, and regulations.

19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

21. Labor Code Compliance. If this Agreement exceeds $1,000, it is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

21.1 Prevailing Wages. Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant or subcontractor will forfeit to the City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

21.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to the City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant or subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815.

21.3 Payroll Records. Consultant and its subconsultants or subcontractors must maintain certified payroll records in compliance with Labor Code sections 1771.4, 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants or subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement price is under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

21.4 Apprentices. If the Agreement price is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

21.5 DIR Monitoring, Enforcement, and Registration. The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants or subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Agreement price is for under $25,000.

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21.6 Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Agreement Consultant certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work on this contract.”

22. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

23. Covenants against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

24. Claims and Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

25. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

26. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement DRAFT

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27. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

28. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed a part of such sections and will not be construed to change the meaning of the section.

29. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law.

The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

30. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

31. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

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32. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances will be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, will not be affected, and will be valid and enforceable to the fullest extent permitted by law.

33. Signatures.

33.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

33.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed using digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Printed Name:

Title:
** By:

Printed Name:

Title:

CITY:

By:

Darin Gale, Interim City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement 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 Agreement 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 Agreement 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.

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• The Agreement must be signed by the owner.

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SCOPE OF SERVICES
Consultant will perform the following Services, at the rates indicated below.

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CITY OF BRENTWOOD
Statement of Qualifications
Civil/Structural Design Services for
Infrastructure Projects
(City or Developer Driven)
April 10, 2025
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Ian Machan, PE, Executive Vice President
(Authorized to bind contracts)
503.543.0313 | [email protected]
www.consoreng.com
2950 Buskirk Avenue, Suite 250
Walnut Creek, CA 94597
p: 925.939.7100
April 10, 2025
Vatsal Patel
City of Brentwood
Engineering Department
150 City Park Way
Brentwood, CA 94513
RE: RFQ for Civil/Structural Design Services for Infrastructure Projects (City or Developer Driven) Dear Mr. Patel,
Consor North America, Inc. (Consor) is pleased to provide our qualifications to the City of Brentwood Engineering Department (City) in response to your call for civil/structural design services for infrastructure projects. Consor has been successfully providing oncall engineering services to cities and counties throughout California and the Bay Area. We specialize in civil and structural design, including wet utility infrastructure. We maintain the mutual trust and respect of our on-call clients through the quality of our work, our commitment to project delivery, and our strong relationships with agency staff.

Consor understands the challenges local agencies face navigating the project delivery process, from project initiation to construction completion. In Brentwood's case, this means verifying each project advances City-stated goals to enhance roadways, parks, and open spaces, allows for thoughtful development and growth, and provides safe infrastructure for its citizens. Consor is grateful for the opportunity to be a part of Brentwood's vision for its future.

We have thoughtfully selected our internal staff and external teaming partners to best serve your needs and to cover every project type and task outlined in the scope of work (SOW). Our internal project managers are: Andrew Mitchell, PE with 13 years of experience, Michele Johnson, PE with 23 years of experience, Scott McCauley, PE with 22 years of experience, and Linda Scroggs, PE with 36 years of experience. The subconsultants listed below have proven track records teaming with Consor to verify responsive and dependable project delivery.

Our subconsultant team members include the following:
• R.E.Y. Engineers – Topographic and Boundary Surveying • Crawford & Associates (SBE Firm) – Geotechnical Engineering led by Ben Crawford, PE, GE with 23 years of experience • Parikh (DBE Firm) – Geotechnical Engineering led by David Wang, PhD, PE with 38 years of experience • Bennett Engineering (DBE Firm/SBE Firm) – Hydrology/Hydraulics led by Donald Jones, PE with 43 years of experience, Signal/Lighting/Electrical led by Daniel Yau, PE, TE, PTOE with 41 years of experience • TJKM (DBE Firm) – Traffic Engineering led by Nayan Amin, TE with 35 years of experience • PGAdesign – Landscape Improvement led by Christopher Kent, PLA with 32 years of experience Consor's design for the Balfour interchange project on State Route 4, completed in 2019, has had a positive impact on the City of Brentwood. We are excited for the opportunity to support the City with on-call projects as we have done with more than 30 agencies, including over 13 years of work on Contra Costa County's on-call projects.

Consor acknowledges Addendum No. 1 dated 3/31/2025. The entire Consor team looks forward to providing professional design services for any of your engineering needs. If you have any questions or require additional information, I, Andrew Mitchell, will be the primary contractual contact between the City and the Consor team.

Sincerely,
Consor North America, Inc.

Andrew Mitchell, PE, Contract Manager/Project Manager
(Authorized to negotiate contracts)
925.433.6815 | [email protected]
A. Letter of Transmittal
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 1 B. Subcontractors
Bennett Engineering Services (DBE/SBE Firm)
2300 1st Street, Suite 240, Livermore, CA 94550
P: 510.566.2755 | Role: Hydrology/Hydraulics & Electrical/Lighting Crawford & Associates (SBE Firm)
4701 Freeport Boulevard, Sacramento, CA 95822
P: 916.455.4225 | Role: Geotechnical Engineering
PARIKH Consultants (DBE Firm)
1904 Olympic Boulevard, Suite 210, Walnut Creek, CA 94596 P: 925.933.6336 | Role: Geotechnical Engineering
PGAdesign
444 17th Street, Oakland, CA 94612
P: 510.465.1284 | Role: Landscape Architecture
R.E.Y. Engineers
905 Sutter Street, Suite 200, Folsom, CA 95630
P: 916.366.3040 | Role: Surveying/Mapping
TJKM (DBE Firm)
4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588
P: 925.463.0611 | Role: Traffic Engineering
C. Submittal Approach

1. FIRMS QUALIFICATIONS
Formed in 1980, Consor is a North American transportation and water infrastructure consulting firm. We offer structural design, road design, planning, utility coordination, structural assessment, structural asset management, program management, and construction services. Consor specializes in the delivery of public agency infrastructure projects that meet FHWA, Caltrans, and Local Agency standards, practices, and guidelines. We have more than 80 staff members in California and offices in Walnut Creek and Rancho Cordova. Our diverse team of experts live and work alongside clients, providing thoughtful solutions to create inspiring communities together. People choose Consor because they know they will get a better experience and be better for the experience—whether they’re a client, a teammate, or a partner.

Our recent experience in civil design work for public agencies includes the following:
• Street Resurfacing and Slurry Seal Projects for the City of Livermore • Danville Boulevard/Orchard Court Complete Streets for Contra Costa County • Hillside Boulevard Road Diet Improvements for the City of South San Francisco • Fremont Boulevard and Country Drive Intersection Improvements for the City of Fremont In addition to our roadway group, which continues to grow and add service lines, we also have a robust structural design department, encompassing a vast array of experience in structural designs ranging from more complex steel bridge design to simple sign structure design. Using innovative bridge design techniques and new technologies, Consor continues to be recognized as an industry leader in bridge engineering. We provide expertise in structural engineering, including new bridges, bridge replacement, bridge widening, and repair/rehabilitation design; culvert design; pedestrian bridge design; bridge load rating and inspection; and ancillary structures design. In addition to bridge design, our firm provides design services for a wide range of ancillary highway structures in support of roadway projects, including traffic signal and sign structure support design, noise wall/retaining wall design, and culvert design. The Consor team has completed more than 300 bridge replacement and repair designs, inspected more than 650 bridges, and designed more than 100 storm damage repair projects in California in the last 10 years.

Federal, State, and Local Funding Assistance
Consor staff can assist the City with projects that are subject to federal, state, and local funding processes and “paperwork,” including requests for authorization and allocation, cost/scope/schedule changes, project close-outs, finance letters and detail estimates.

From our experience in managing other projects in Caltrans District 4 under federal funding requirements, we are knowledgeable of the applicable processes, paperwork and deadline requirements. We have performed work in accordance with the procedures and guidelines set forth in Local Assistance Program Guidelines and Local Assistance Program Procedures for Federal and State Programs.

We have also provided services to local agencies utilizing TEA-LU and TLC funding sources. Consor staff is also familiar with state and federal environmental permitting processes and has performed and coordinated work to meet NEPA and CEQA requirements. Consor has a significant amount of experience assisting local agencies with funding acquisition through state and federal programs. Over the past 33 years, Consor staff has assisted many different agencies in obtaining millions of dollars in federal funding for their projects.

Additional specialized experience and knowledge that Consor staff possess includes:
• Project Management — We drive delivery of projects from inception through construction. • Funding Expertise — Consor has assisted over 13 different agencies in obtaining over $100M in federal funding. • Vast Experience on Transportation Projects — The combined past transportation experience of Consor’s staff consists of nearly 1,000 transportation projects that include local roads, roundabouts, interchanges, and bridges (preliminary design through construction), project study reports; project reports, feasibility studies, complete highway PS&E's, and CM services.

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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 2

STRUCTURAL DESIGN ENGINEERS
Tyler Eaton, PE
Thomas Truchement, PE
Cyam Cajegas, PE
Key Team Member

DESIGN TEAM

PROJECT MANAGERS
Andrew Mitchell, PE | Michele Johnson, PE | Scott McCauley, PE | Linda Scroggs, PE

STRUCTURAL PROJECT ENGINEER
Matt Vaggione, PE, SE
Organization Chart

CONTRACT MANAGER/

PROJECT MANAGER
Andrew Mitchell, PE

PRINCIPAL-IN CHARGE
Carolyn Davis, PE, QSD/P
QA/QC
Greg Young, PE (Structural)
Jim Clements, PE (Civil)

CIVIL DESIGN ENGINEERS
Mark Dixon, EIT
James Hu, EIT
Jackson Kravets

CIVIL PROJECT ENGINEER
Brent Harrison, PE

W/WW DESIGN ENGINEERS
Justin Reeves, PE
David Arias
Shambhavi Thite

W/WW PROJECT ENGINEER
Greg Postlewaite, PE

THE CITY OF BRENTWOOD

SUBCONSULTANTS
GEOTECHNICAL Crawford & Associates SBE Firm
Benjamin Crawford, PE, GE
W. Eric Nichols, PG, CEG, PE
Amando Castro, PE
GEOTECHNICAL PARIKH Consultants DBE Firm
David Wang, PhD, PE
Frank Wang, PE, GE
Availability - We do not ‘overbook’ our work – based on our current contracted workload, our key proposed staff has the availability to begin work immediately. Additionally, our wellrounded depth of staff allows us to immediately respond to your request for staffing or to supplement a complete design team.

Contact Information - Andrew Mitchell will be the primary contractual contact between the City and the Consor team.

Office Location: 2950 Buskirk Avenue, Suite 250
Walnut Creek, CA 94597
P: 925.939.7100 | E: [email protected]
Bennett Engineering Services DBE Firm (BEN|EN) has provided enduring and award-winning civil engineering services to cities, counties, special districts, and universities since 1995. BEN|EN’s traffic team specializes in traffic signals, lighting, and transportation electrical systems and has completed traffic/electrical engineering plans, specifications, and cost estimates (PS&E) for more than 1,000 transportation projects in over 100 jurisdictions, including the City of Brentwood.

Crawford and Associates (Crawford) specializes in delivering innovative geotechnical engineering solutions tailored to capital improvement projects for cities and counties in California. Crawford’s team of experienced engineers and geologists is committed to enhancing infrastructure by performing site assessments, foundation design, and comprehensive soil analysis. With a deep understanding of the unique challenges faced by smaller municipalities, Crawford provides personalized services to verify projects are feasible, sustainable, and cost-effective.

PARIKH Consultants, Inc. DBE Firm (PARIKH), established in 1993, is a California Corporation specializing in geotechnical engineering for public agencies, (self-help measure counties, Caltrans), cities, and local municipalities. Typical projects consist of public works and associated infrastructure elements. Their projects have received more than 40 engineering excellence awards from local and state agencies.

PGAdesign has a long history of completing streetscape projects that include municipal and county clients as well as transportation agencies. They are recognized for their keen understanding of the complexity of streetscapes, and the design of which entails thoughtful consideration of utilities, irrigation, bicycle routes, and pedestrian access (including ADA access). Their experience spans various urban contexts throughout the Bay Area.

Specialty Subconsultants (Addresses and phone numbers for our subconsultant partners can be found on page 1.) When assembling this team, Consor drew upon subconsultants who have worked under the regulatory oversight of Caltrans District 4 (and other Contra Costa Reviewing Agencies) and have direct experience in working on exactly these types of on-call projects. They also have considerable previous work experience with Consor. Augmenting our in-house services are the following specialty subconsultants:

HYDROLOGY/HYDRAULICS
Bennett Engineering DBE/SBE Firm
Donald Jones, PE

ELECTRICAL/LIGHTING
Bennett Engineering DBE/SBE Firm
Daniel Yau, PE, TE, PTOE
Kin Chan, PE
LANDSCAPE ARCHITECTURE PGAdesign
Christopher Kent, PLA
SURVEYING R.E.Y. Engineers
Joseph Feyder, PLS
Mike Shoup, PLS
TRAFFIC ENGINEERING TJKM DBE Firm
Nayan Amin, TE
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 3 R.E.Y. Engineers Since 1996, R.E.Y. has been a trusted provider of land surveying and civil engineering services, offering a diverse range of solutions for public agency and private land development projects throughout California. With a team of experienced professionals and a track record of managed growth, R.E.Y. is well-equipped to handle projects of any size while maintaining a focus on client satisfaction and cost efficiency.

TJKM Transportation Consultants DBE Firm (TJKM), founded in 1974, is a traffic engineering, traffic operation, and transportation planning firm that provides professional services throughout California. For 50 years, more than 3,500 satisfied clients in more than 380 jurisdictions have entrusted TJKM with their critical work. They serve a full range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, and private developers.

2. PROJECT TEAM
Consor has assembled a team of professional engineers to deliver high-quality engineering design services for the City of Brentwood. This team has the experience and understanding of working through the challenges of a project together, which will result in its efficient delivery.

ANDREW MITCHELL, PE | CONTRACT/PROJECT MANAGER | Professional Civil Engineer: CA #84094 | Education: BS, Civil Engineering, University of the Pacific. | Andrew has 12 years of experience providing engineering design for transportation infrastructure projects throughout Northern California.

Responsibilities: Andrew will be the City’s point of contact and will be responsible for project management (scope, schedule, and budget control), team coordination, technical oversight, and final compilation of all deliverables, including PS&E.

CAROLYN DAVIS, PE, QSD/P | PRINCIPAL-IN-CHARGE | Professional Civil Engineer: CA #58440, QSD/P: #327 | Education:

BS, Civil Engineering, California State University, Sacramento | With over 31 years of experience, Carolyn has been responsible for the development of plans, specifications, and estimates (PS&E) for dozens of transportation projects throughout California.

Responsibilities: Carolyn will support Andrew to adequately meet the project’s resource demands and be available to the City upon request.

MICHELE JOHNSON, PE | PROJECT MANAGER | Professional Civil Engineer: CA #69116 | Education: BS, Civil Engineering, University of California, Berkeley| Michele has 23 years of experience in the successful delivery of transportation improvement projects, with particular expertise in the environmental document, PS&E, and construction phases.

SCOTT MCCAULEY, PE | PROJECT MANAGER | Professional Civil Engineer: CA #71495 | Education: MS, Civil & Environmental Engineering, University of California, Davis; BS, Civil Engineering, University of California, Davis | Scott has over 22 years of experience as a project manager and structural design engineer on bridges, civil structures, and building design projects.

LINDA SCROGGS, PE | PROJECT MANAGER | Professional Civil Engineer: CA #49691 | Education: MS, Civil Engineering, California State University, Sacramento; BS, Geography & International Agriculture Development, University of California, Davis | Linda has 36 years of experience as a project manager and project engineer for a variety of water and wastewater system improvement projects for public agencies throughout Central and Northern California.

MATT VAGGIONE, PE, SE | PROJECT MANAGER | Professional Civil Engineer: CA #75751, Professional Structural Engineer:

CA #6953 | Education: MS, Structural Engineering, University of California, Berkeley; BS, Civil Engineering, University of California, Berkeley | Matt has 17 years of experience working on new bridges, bridge replacements, bridge retrofit and rehabilitation, tunnels, retaining walls, and light rail projects of various sizes and complexities in California, Washington, and Idaho.

RESPONSIBILITIES: Project Managers will be responsible for project management (scope, schedule and budget control), team coordination, technical oversight and final compilation of all deliverables including PS&E.

TASK ASSIGNMENTS
n Lead Technical
● Reviewer
Supplemental Technical Support
MitchellDavisJohnsonMcCauleyScroggsVaggioneBennettCrawfordPARIKHPGAdesignR.E.Y. TJKM a. Civil Design/Street, Sewer, Storm Drain Improvements n ● n n b. Wet Utility Design and Hydrology/Hydraulics Studies ● n n c. Structural ● n n n n
d. Traffic and Electrical ● n
e. Landscape Improvement ● n
BENJAMIN CRAWFORD, PE, GE | GEOTECHNICAL (CRAWFORD)| Professional Civil Engineer: CA #68457, Certified Engineering Geologist:CA #2861 | Education: BS, Civil Engineering, California Polytechnic State University, San Luis Obispo | Ben has 23 years of experience managing complex projects throughout Northern California, including bridges, roadways, pavement rehabilitation, and transportation projects.

DAVID WANG, PHD, PE | GEOTECHNICAL (PARIKH) | Professional Civil Engineer: CA #52911 | Education: PhD, Geotechnical Engineering, University of California, Berkeley; MS, Geotechnical Engineering, University of California, Berkeley; BS, Civil Engineering, National Cheng-Kung University, Taiwan | Dr. David Wang has over 38 years of experience in geotechnical engineering investigation for public works, transit, and transportation projects.

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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 4 DONALD JONES, PE | HYDROLOGY/HYDRAULICS (BEN|EN) | Professional Engineer: CA #49239 | Education: BS, Construction Engineering, Iowa State University | Donald has more than 38 years of experience in civil engineering, primarily in the analysis and design of flood control and drainage projects.

DANIEL YAU, PE, TE, PTOE | ELECTRICAL/LIGHTING (BEN|EN) | PE: CA #44611, PTE: CA #1471, PTOE: ITE, #211 | Education: MS, Transportation Engineering, University of California, Berkeley; BS, Civil Engineering, California State University, Fresno | Dan has 41 years of experience in traffic/electrical engineering specializing in traffic signals, lighting, and transportation electrical systems.

CHRISTOPHER KENT, PLA | LANDSCAPE ARCHITECTURE (PGADESIGN) | PLA: CA #4289 | Education: Master of Landscape Architecture, UC Berkeley; BA, Arts, So. Massachusetts University, Dartmouth | Chris has 32 years of experience across the spectrum of design work, including exhibit preparation, detailing and executing projects during the construction phase and community facilitation.

NAYAN AMIN, TE | TRAFFIC ENGINEERING (TJKM) | Professional Traffic Engineer: CA #2290 | Education: MS, Civil Engineering, San Jose State University; BS, Civil Engineering, Saurashtra University | Nayan has 35 years of both public and private sector experience in the areas of transportation planning, traffic impact studies, transportation management plans, traffic signal coordination, traffic operations, transit priority, and traffic signal systems.

I had the opportunity to work with [Consor] on the Canal Road Sidewalk and Bike Lane Gap Closure project. This project provided sidewalk and bike lane facilities along Canal Road, providing an important link in the pedestrian and bicycle network for the Bay Point community.

I found [Consor] to be very responsive and helpful, proposing workable solutions to difficult design challenges. There were challenging drainage issues with the project, as well as the need to work around several existing utilities within the project area. The [Consor] team provided practical solutions to address each situation.

I am happy to recommend the services of [Consor].”
— Jenna Caldwell,
Senior Civil Engineer,
Contra Costa County Public Works Department
DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 5

3. PROJECT EXPERIENCE
Our team understands the challenges the City faces in delivering transportation design projects and has successfully navigated these challenges on a variety of projects over the years. Our firm has a clear record of excellent performance in fulfilling contract requirements as evidenced by our diverse project experience.

Danville Boulevard—Orchard Court Complete Streets, Contra Costa County, CA This project modified an existing intersection to a single lane roundabout to improve vehicular and pedestrian safety. The Danville Boulevard/Orchard Court intersection is at the center of the commercial center of the town of Alamo. Danville Boulevard was a fourlane roadway with a central two-way left turn lane and is lined with prized mature oak trees on both sides of the street and a mature redwood at the SE quadrant of the intersection. The project included green infrastructure elements, combining landscaping and storm drain treatment elements, tree protection, and additional landscaping and aesthetic features for the roundabout median. Technical challenges included utility relocations, negotiations with property owners to optimize design and minimize property impacts, and coordination with Alamo MAC and Bike East Bay. This project incorporated innovative green infrastructure and aesthetic landscaping elements that were key to achieving buy-in from the local municipal advisory council (Alamo MAC) and the community.

Project Team: Carolyn Davis/Project Manager; Michele Johnson/Deputy PM-Project Engineer; Andrew Mitchell/Design Engineer; Bennett Engineering/Electrical
Design/Construction Budget: $755k (Design)/$147k (Construction support) Schedule of Completion: May 2019-July 2024
Client Reference: Contra Costa County | Adelina Huerta, Division Manager Design Construction Division | E: [email protected] | P: 925.313.2305
Main Street Bridge Rehabilitation, City of Oakley, CA
Consor provided project funding support and full design for delivery of this HBP-funded bridge rehabilitation project. The preliminary engineer phase included project scoping to identify deterioration and deficiencies and to coordinate with Caltrans District 4 Environmental to help the City obtain NEPA clearance. Bridge improvements incorporated during the PS&E phase included special provisions for containing pressure grouting operations to address the soffit cracks over the Contra Costa Canal, concrete bridge rail replacement, and methacrylate deck crack sealing. Construction on this major collector required careful traffic control and detour planning. Consor delivered the final PS&E in 2023. Bid alternative items were included in the bid documents to offer flexiblity to the City to implement additional improvements not eligible for Federal funding (like guard rail replacement).

Project Team: Andrew Mitchell/Design Engineer
Design/Construction Budget: $70k/$310k
Schedule of Completion: Completed in Fall 2024
Client Reference: City of Oakley | Kevin Rohani, Public Works Director, City Engineer | E: [email protected] | P: 925.625.7003 DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 6 2021 Street Resurfacing & Slurry Seal Projects, City of Livermore, CA The Livermore street resurfacing and slurry seal projects consisted of roadway surface improvements on various City arterials and residential streets. Segments of 25 streets were slated for pavement surface treatments, along with sections of curb and gutter repair, and the design of 200 ADA-compliant curb ramps adjacent to the street surface improvements. The design required plan view sheets for each street location and construction detail sheets covering the curb ramp designs. Drainage design work was included in areas with poor drainage, connecting to existing drainage systems using new drainage inlets and pipe lengths running beneath City streets.

The project also included topographic surveys and ADA ramps study reports as well as design review and construction inspection by a Certified Access Specialist.

Project Team: Michele Johnson/Project Manager; Andrew Mitchell/Deputy Project Manager Design/Construction Budget: $197k (Contract amount)
Schedule of Completion: February 2021-September 2023
Client Reference: City of Livermore, Public Works Department | Saurabh Nijhawan, Senior Civil Engineer (now at City of Los Gatos) | E: [email protected] | P: 408.395.1437
Green Island Road Rehabilitation, City of American Canyon, CA Green Island Road, a two-lane collector, serves as the only access to the Green Island Industrial District, the major economic industrial service center located along the City’s northern border. Truck traffic is significant, and the roadway experienced severe cracking and failed pavement sections in the 28 years since the last major pavement improvement effort. The City of American Canyon submitted a grant application to the Economic Development Agency (EDA) for the widening and rehabilitation of the roadway network within the Green Island Industrial District. Key to the grant application was the inclusion of Cold Central Plant Recycled (CCPR), an environmentally friendly and sustainable method for pavement rehabilitation. The City was successful in receiving $2.4M of grant funds. Recognizing overhead utilities along Green Island Road would conflict with the widening, Consor began the utility relocation process early pursuing the Rule 20A/B undergrounding district process. Consor led the utility undergrounding process and delivered a completed Joint Trench Composite and Estimate. Consor also performed right-of-way engineering on approximately 12 parcels and worked with the appraisal and acquisition agents to secure right-of-way. The project also includes complete streets elements, such as a pedestrian/bike trail and drainage/storm water treatment with a biofiltration planter.

Hanna Drive Water Main Replacement: At 95% completion of the road rehabilitation project, the City decided it would be a good time to replace the existing water main in Hanna Drive, from Commerce Drive to the North Slough bridge improvements. City maintenance staff had been making numerous repairs to the existing 40-year-old, 10-inch asbestos cement pipe (ACP) water main.

By constructing the new pipeline in advance of the roadway improvements the City will avoid having to sawcut the recently replaced pavement for pipeline repairs.

DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 7 Morgan Territory Road Bridge Replacements, Contra Costa County, CA Consor is developing complete PS&E for this project with the Contra Costa County Public Works Department to implement two bridge replacements on Morgan Territory Road over Marsh Creek located at Post Mile 5.0 and 5.2, approximately 10 miles southeast of Clayton. Morgan Territory Road is a single lane, low-volume, minor collector in rural Contra Costa County. The land uses adjacent to the project site are agricultural and parks/open space. Consor is developing this design on a fast-tracked schedule due to the poor condition of the existing bridges, which only worsened during 2023 storm events. The project is currently locally funded with aspirations for reimbursement from FEMA. The Consor team has been working diligently to keep this project on schedule to construct the replacement bridges starting in 2026 and 2027. The project is currently in the right-of-way and permitting phase.

Project Team: Carolyn Davis/QA-QC; Crawford/Geotechnical Design/Construction Budget: $315k/$4.5M
Schedule of Completion: Feb 2022 - 2027
Client Reference: Contra Costa County, Public Works Department, Kara Schuh-Garibay, Project Manager | E: [email protected] | P: 925.313.2179
The pipeline design consisted of replacing approximately 1,700 feet of existing ACP with 10-inch PVC pipe. The new pipeline will be constructed parallel to the existing main so that the existing services can stay in service as long as possible during construction. The existing ACP water main will be abandoned in place to avoid the ACP hazardous removal process of bagging, tagging, and proper disposal.

All new services of the same size and capacity as existing will be connected to the new water main. These appurtenances include 4-inch services, 6-inch services, fire hydrants, and gate valves.

Project Team: Andrew Mitchell/Deputy Project Manager-Project Engineer; Linda Scroggs/Water Line Project Manager; Greg Postlewaite/Water Line Project Engineer; Bennett Engineering/Electrical Design/Construction Budget: $1.5M/$13.2M
Schedule of Completion: March 2016 - Ongoing
Client Reference: City of American Canyon, Ron Ranada, Senior Civil Engineer | DRAFT
E: [email protected] | P: 707.647.4559

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 8

4. PROJECT APPROACH
The project examples provided on the previous pages align with your Capital Improvement Program, which features a robust parks improvement program and a consistent pavement management program. Upon task order notice-to-proceed, the Consor team will provide all the necessary services to complete the required tasks for a project assignment as directed by the City. In addition to PS&E, these services may include preliminary engineering, topographic and right of way surveys, geotechnical engineering, hydraulic analysis, traffic engineering, landscape architecture, and other technical support services. The Consor team may also be asked to support the City with environmental compliance and right-of-way acquisition, including the development of legal descriptions and deed plats.

With on-call contracts, task orders are typically smaller in scale, requiring efficient resource management to maintain a budget and schedule that support successful project delivery. Task orders can be either brand new projects or part of a multi-phase project, where Consor is called upon to complete an ongoing project. Consor has a proven track record of successfully integrating into projects with short lead times, assigning the right staff, and delivering tasks on time.

Consor and our team of subconsultants are well-versed in civil and structural design projects. Team members can successfully balance the needs of part-time tasks with larger contract deliverables. This offers flexibility to the City by being able to have a highly qualified person available without the need for a full-time assignment. We have worked on on-call contracts for numerous cities and counties throughout California and we understand the need for expedient and efficient project delivery.

Project constraints can present unique challenges to task order progress. These challenges can include limited right of way, the need for stormwater treatment designs, tight funding deadlines, and limited budgets. To address and minimize project disruptions, Consor will determine the appropriate design to fit the site conditions using the appropriate and immediately-available staff.

Task orders may involve coordination with permitting agencies or involve environmental constraints. Consor will support the City with exhibits, documentation, or calculations to aid in project justification or answer permitting agency questions.

Regardless of the task order constraint, Consor will maintain open communication and dialogue with the City and our subconsultant team to solve the problem.

Upon a task or project assignment from the City, Contract Manager Andrew Mitchell will review your project’s requirements and match them with the appropriate staff. He will then tailor a work plan to provide for any scope of services requested by the City – from simple staff augmentation to complete project management and design.

Performance of the potential services anticipated under this on-call contract requires individuals with an experienced background that aligns with the project goals; a commitment to the City’s desire for responsive service and quality products; and a mutual goal of putting the project first and serving the City’s residents efficiently. The Consor team’s approach to a successful project is to verify an environment that fosters open communication and promotes a team atmosphere of mutual respect and participation and collaboration between the design team members, City staff, consultants, and any reviewing agencies.

By maintaining a roster of Consor staff dedicated to the City’s projects, we have the flexibility to quickly assemble a responsive and efficient project team for any assignment.

SCOPE OF SERVICES
The scope of work shown below addresses the items of work as detailed in the RFQ.

TASK 1: Project Management/Meeting/Coordination
This task will include Consor’s management of the project and coordination between City staff , subconsultants, and various state Project and Management Approach/
Cost Controls
Project Initiation Checklist
Verifies critical success factors are identified, needed expertise and resources are available, key milestones
are set, and scope and fees are reviewed by peers or
senior staff.

Project Management Plan
Defines communication lines, scope, schedule,
budget, and overall team expectations.

Change Management Plan
Establishes a defined process to document and
communicate changes, including impact to scope,
fee, and schedule.

Communication Plan
Outlines steps to document and proactively
communicate internally and with the City.

PM Software
Consor’s Deltek Vision software tracks progress and
report budget status in real time, allowing project
managers to monitor work progress relative to
budgets and make necessary adjustments.

Earned Value Management (EVM)
Integrates the project schedule with the project
budget to forecast the anticipated financial path of
the project.

QA/QC Plan
Defines roles, sets milestones, and uses tracking
forms to cross-check plans prior to any deliverables.
$
DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 9 and federal agencies as required to complete the tasks defined within the project scope of work. Also included in this task is effort to provide direction to and monitor the project team, prepare project reports, prepare and monitor a QA/QC Plan, and attend and document meetings with the City to receive input and discuss and review the project during its critical design periods. Consor will assume a set number of project meetings, progress reports, schedule revisions, and invoices depending on the project's scale and City's guidance.

Deliverables:
• Monthly invoices and progress reports
• Meeting agendas and minutes
• Project schedules
TASK 2: Topographic/Control Surveys and Base Mapping
R.E.Y. will perform topographic and control surveys of the project site. R.E.Y. will collect all necessary information using the most advanced and appropriate technologies.

Design topographic surveys will be established on a robust and appropriate project control network. All work will undergo a thorough QA/ QC review by an experienced office surveyor, who cross-checks newly collected data against prior surveys both horizontally and vertically to verify accuracy and identify any discrepancies. Additionally, all deliverables are reviewed and approved by a licensed land surveyor.

Deliverables:
• Field notes and sketches
• Research documents (e.g., Records of Survey, NGS Data Sheets) • Raw field point ASCII files
• AutoCAD Civil 3D files (fully processed and layered per City standards) • Legal Descriptions and Deed Plats
TASK 3: Geotechnical Investigations
In support of potential civil or structural task orders, the geotechnical investigation phase will follow the initial site review and include site-specific subsurface exploration and laboratory testing to provide geotechnical recommendations for project design and construction. Recommendations can include pavement design or retaining wall types. Depending on the type of project, each will typically include the following tasks:
• Field exploration
• Laboratory testing
• Engineering analysis and Geotechnical Report
Deliverables:
• Draft and Final Geotechnical Reports
• Log of Test Borings
TASK 4: Hydrology & Hydraulics
Bennett Engineering Services will prepare hydrology and hydraulic studies for project sites to determine the best design for storm drain systems and green infrastructure. Project analysis will adhere to the latest Contra Costa Clean Water Program Stormwater C.3 Guidebook and City standards. Bennett can also prepare stormwater treatment designs if project impervious areas meet certain thresholds.

Deliverables:
• Draft and Final Hydrology and Hydraulic Studies
• Storm drain and green infrastructure designs
TASK 5: PS&E Design
Consor will prepare design PS&E, specifically regarding civil design and structural projects. Depending on the project schedule and timeline, several submittal milestones could be included. Typically, the PS&E submittal may also include contributions from the Consor subconsultant team:
• R.E.Y. for survey control
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 10 • BEN | EN covering green infrastructure, drainage, electrical, and lighting • TJKM on traffic and signal design
• PGA designing landscape improvements
The preparation of the PS&E package will go through Consor's internal processes to verify high-quality deliverables including an independent engineer's check and a QA/QC review by a senior engineer.

Deliverables:
• Design Criteria Memo
• Design Exception Memo (if needed)
• Plans (11x17 or 22x34 PDF, CAD, signed at final submittal) • Engineer's Estimate (PDF)
• Technical Special Provisions (Word and PDF, signed at final submittal) • Comment and resolution tracking tables
TASK 6: Bidding Assistance
It is assumed that the City will administer the contract bid process and administration of the construction project. The Consor team will provide assistance, as directed by the City, in the advertising of the project. While the project is being advertised for bids, all questions concerning the intent of the construction plans and specifications will be referred to the Consor team for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by the Consor team for decision by the City as to the proper procedure required. Corrective action taken will be in the form of an addendum prepared by the Team. The Consor team will assist the City in responding to bidders’ inquiries, preparing addenda, clarifications, attending pre-bid meetings and bid openings, and providing ongoing consultation and interpretation of the construction documents.

Deliverables:
• Responses to bidder questions
• Review of shop plans
• Responses to Requests for Information (RFIs)
• Addendum packages (if needed)
TASK 7: Construction Support
Consor staff involved in the design of the project, including subconsultants, will be available to attend field meetings with the contractor, perform inspections, and provide other Construction Engineering services. The Consor team will respond to contractors’ inquiries at City request. The Consor team will prepare drawings and review change orders requested by the City. In addition, the Consor team will make field visits to the construction site as requested by the City. The field visits will include discussion with the City staff regarding the ongoing construction activities.

Deliverables:
• Review of submittals
• Responses to Requests for Information (RFIs)
• Development of contract change orders (if needed)
TASK 8: Project Close-out
The Consor Team will assist the City with any remaining checklist items to verify successful project close-out, including the production of as-built drawings.

Deliverables:
• As-built record drawings
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 11

5. QUALITY OF WORK
Table of Contents example from Contra Costa County/Pacifica Avenue Safe Routes to School Project DRAFT 0662-6R4164 • March 2025 • Pacifica Avenue Safe Routes to School • Contra Costa County Public Works Department
Page i
Table of Contents
Chapter 1 ............................................................................... 1-1 Introduction ......................................................................... 1-1

1.1 Project Background .......................................................................................................................... 1-1 Chapter 2 .............................................................................. 2-1 Design Alternatives .............................................................. 2-1

2.1 Overview .......................................................................................................................................... 2-1

2.2 Cycle Track Buffer ............................................................................................................................ 2-1

2.2.1 Grade Separation ...................................................................................................................... 2-2

2.2.2 Flexible Posts ............................................................................................................................. 2-2

2.2.3 Inflexible Physical Barriers ......................................................................................................... 2-2

2.2.4 Floating Parking Lane ............................................................................................................... 2-3

2.2.5 Raised Island ............................................................................................................................. 2-3

2.3 Bus Stops at Inlet Dr. ........................................................................................................................ 2-3

2.3.1 Floating Bus Stop Island ............................................................................................................ 2-4

2.3.2 Bus Stop at Curb ........................................................................................................................ 2-4

2.4 Design Alternatives Summary .......................................................................................................... 2-5 Chapter 3 .............................................................................. 3-1 Pedestrian and Bicycle Analysis .......................................... 3-1

3.1 NCHRP Report 948 Design Flags ...................................................................................................... 3-1

3.1.1 Flag 5: Indirect Paths ................................................................................................................ 3-1

3.1.2 Flag 14: Riding in Mixed Traffic ................................................................................................. 3-2

3.2 FHWA Safe System Roadway Design ................................................................................................ 3-2

3.2.1 Tier 1: Remove Severe Conflicts ................................................................................................ 3-3

3.2.2 Tier 2: Reduce Vehicle Speeds ................................................................................................... 3-3

3.2.3 Tier 3: Manage Conflicts in Time ............................................................................................... 3-4

3.2.4 Tier 4: Increase Attentiveness and Awareness .......................................................................... 3-4

3.3 Assessment Summary ...................................................................................................................... 3-5 DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 12

MAIN STREET BRIDGE REHABILITATION

AT CONTRA COSTA CANAL

TYPICAL SECTION

TRAFFIC CONTROL

CONSTRUCTION AREA SIGNS PLAN

STAGE CONSTRUCTION PLAN

PUBLIC WORKS DEPARTMENT

PREPARED FOR THE
11x17 size drawing from Main Street Bridge Rehabilitation Project, City of Oakley, CA DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 13 Hopyard Rd and Owens Dr Intersection Improvement
100% Submittal
ii
Table of Contents
ORGANIZATION ...........................................................................................................................................2 DIVISION I GENERAL PROVISIONS ..........................................................................................................2 5 CONTROL OF WORK ...............................................................................................................................3 DIVISION II GENERAL CONSTRUCTION ..................................................................................................4 10 GENERAL ................................................................................................................................................4 12 TEMPORARY TRAFFIC CONTROL .......................................................................................................5 13 WATER POLLUTION CONTROL......................................................................................................... 10 14 ENVIRONMENTAL STEWARDSHIP ................................................................................................... 11 15 EXISTING FACILITIES ......................................................................................................................... 15 DIVISION III EARTHWORK AND LANDSCAPE ....................................................................................... 15 17 GENERAL ............................................................................................................................................. 15 19 EARTHWORK ...................................................................................................................................... 16 20 LANDSCAPE ........................................................................................................................................ 17 DIVISION IV SUBBASES AND BASES .................................................................................................... 22 25 AGGREGATE SUBBASES .................................................................................................................. 22 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 23 36 GENERAL ............................................................................................................................................. 23 37 BITUMINOUS SEALS .......................................................................................................................... 23 39 ASPHALT CONCRETE ........................................................................................................................ 24 DIVISION VI STRUCTURES ..................................................................................................................... 26 49 PILING .................................................................................................................................................. 26 58 SOUND WALLS ................................................................................................................................... 31 DIVISION VII DRAINAGE FACILITIES ..................................................................................................... 31 70 MISCELLANEOUS DRAINAGE FACILITIES ....................................................................................... 31 71 EXISTING DRAINAGE FACILITIES ..................................................................................................... 31 DIVISION VIII MISCELLANEOUS CONSTRUCTION............................................................................... 32 73 CONCRETE CURBS AND SIDEWALKS ............................................................................................. 32 77 LOCAL INFRASTRUCTURE ................................................................................................................ 33 78 INCIDENTAL CONSTRUCTION .......................................................................................................... 34 80 FENCES ............................................................................................................................................... 34 DIVISION IX TRAFFIC CONTROL DEVICES ........................................................................................... 34 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES ........................................................................... 34 82 SIGNS AND MARKERS ....................................................................................................................... 35 84 MARKINGS........................................................................................................................................... 35 Table of Contents example from City of Pleasanton
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 14 D. Agreement Provisions
Consor has reviewed the City's Attachment B – Sample Professional Services Agreement.

E. Conflict of Interest
Consor attests that we do not have any actual, apparent, or potential conflicts of interest that may result from any financial, business, or other relationship with the City or property owners that may have an impact upon the outcome of this contract. Consor does not have any current clients who may have a financial interest in the outcome of this contract.

Additionally, Consor does not have any financial interest or relationship with any construction companies that might submit a bid on any anticipated City of Brentwood construction projects.

Furthermore, no official or employee of the City of Brentwood has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City of Brentwood.

F. Claims or Litigations
Consor has been involved with the following matters involving litigation in connection with prior projects:

1. City of Lake Oswego, Oregon v. Tapani, Inc. et. al., in which the City filed a third-party complaint against its contractor and Consor North America, Inc., serving in the role of construction inspector. The claim is one for contribution in the claim of Stone v. City of Lake Oswego, Oregon for negligence, trespass, and reverse condemnation related to damages alleged to have occurred to the plaintiff’s property during a road construction project. This complaint was served in October 2024 and is in the early stages of litigation.

2. Coon v. City of Livermore, California, et. al. in which plaintiff was injured while being pushed in a wheelchair down a public sidewalk accessibility ramp. Both the City and Consor, via Quincy Engineering (a predecessor firm to Consor North America, Inc.), were named, based on the firm’s role as the sidewalk designer. This complaint was served in August 2024 and is in the early stages of litigation.

3. Carlisle v. City of Lake Oswego, Oregon, in which the City tendered defense of this claim to one of its contractors, who in turn tendered to Consor North America, Inc. The matter involves the trip and fall of the plaintiff on or near a sidewalk construction project unrelated to the work Consor performed on the project. This matter was dismissed with prejudice with no finding of fault against Consor in April 2024.

4. Lyda Excavating, Inc. v. City of North Plains, Oregon in which the City filed a third-party claim against Consor North America Inc. seeking contribution for a contractor claim. Consor moved to dismiss the claim, based on multiple procedural grounds. The court entered an order of dismissal without objection by the City in June 2022.

5. Collins v. Quincy Engineering. On August 24, 2020, plaintiff Kimberly Collins filed a Complaint entitled Collins v. Quincy Engineering, (a predecessor firm to Consor North America, Inc.), Pakpour Consulting Group, Inc., Viking Construction Company, alleging personal injuries.

An Amended Cross-Complaint of Pakpour Consulting Group, Inc. for Indemnity Contribution and Declaratory Relief was filed on October 23, 2020. The parties to the case agreed that the site of the accident (an approach on the side of the road that Quincy did not design) is outside the area where Quincy performed design work. The parties dismissed Quincy from the suit.

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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | 15 G. Attachments
Appendix
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Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | Appendix 1 Andrew has 13 years of experience providing engineering design for transportation infrastructure projects throughout California. His experience includes roadway design for maintenance of traffic operations, including alignments, temporary pavement, and drafting of submittal packages; modeling of roadway corridors and design surfaces of mainline freeway, local roads, and freeway ramps; and designing parking lot, drainage, and yard piping layouts for building sites. Andrew has performed quantity takeoff calculations that include earthwork and structural sections. He has also served as Office Engineer on a large infrastructure improvement project, for which he was responsible for compiling monthly pay estimates for the contractor and coordinating meetings.

Andrew is the Deputy Project Manager on the following projects:
• Bancroft Bridge for the City of Walnut Creek
• Grayson/Walnut Creek Levee Rehabilitation projects for Contra Costa County • Hillside Boulevard Road Diet project for South San Francisco Select Project Experience
GREEN ISLAND ROAD REHABILITATION PROJECT, City of American Canyon, CA; Roadway Design Engineer. This project includes roadway widening, Class I trail construction, and utility undergrounding. Green Island Road, a two-lane collector, serves as the only access to the Green Island Industrial District, the major economic industrial service center located along the City’s northern border. Truck traffic is significant, and the roadway experienced severe cracking and failed pavement sections in the 28 years since the last major pavement improvement effort. Consor began the utility relocation process early, pursuing the Rule 20A/B undergrounding district process. Consor led the utility undergrounding process and delivered a completed Joint Trench Composite and Estimate.

Consor also performed right-of-way engineering on approximately 12 parcels and worked with the appraisal and acquisition agents to secure right-of-way. The project also includes complete streets elements, such as a pedestrian/bike trail and drainage/stormwater treatment with a biofiltration planter. The Class I trail will be part of the larger Napa Valley Vine Trail, slated to extend from Vallejo to Calistoga. The trail includes multiple roadway, driveway, and railroad crossings. An RRFB crossing feature across Green Island Road will help to improve user safety.

STREET RESURFACING PROJECT, City of Livermore, CA; Project Engineer. This project involves civil engineering design for the Livermore 2021 street resurfacing and slurry seal projects, which include roadway surface improvements on various City arterials and residential streets. Segments of 25 streets are slated for pavement surface treatments, along with sections of curb and gutter repair, and the design of 200 ADA-compliant curb ramps adjacent to the street surface improvements. The design required plan view sheets for each street location, construction detail sheets covering the curb ramp designs and pavement delineation sheets incorporating buffered and separated bicycle facilities.

Drainage design work was included in areas with poor drainage, connecting to existing drainage systems using new drainage inlets and pipe lengths running beneath City streets.

HILLSIDE BOULEVARD ROAD DIET IMPROVEMENT, City of South San Francisco, CA; Project Engineer. Responsible for utility coordination and PS&E for civil engineering design on this Active Transportation Program and Local Partnership Program-funded project, which included intersection modification, bulb outs, curb ramps, drainage improvements, and utility adjustments. Other improvements included signal modification and modification

EXPERIENCE
13 years

YEARS WITH CONSOR
7 years

EDUCATION
BS, Civil Engineering,
University of the Pacific,
Stockton

REGISTRATION
Professional Civil Engineer
CA #84094

KEY EXPERTISE
Civil Engineering
Drainage
Roadway modeling
AutoCAD
Civil3D
Microstation
InRoads
Andrew Mitchell, PE
Contract Manager/Project Manager
DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | Appendix 2 ANDREW MITCHELL, PE | Contract Manager/Project Manager (continued) of striping to provide buffered bike lanes along Hillside Boulevard.

LAS TRAMPAS CREEK BRIDGE REPLACEMENT (HBP), Walnut
Creek, CA; Roadway Design Engineer. Responsible for design, drafting, quantities, and estimates for replacement project. The roadway design elements include improving the roadway alignment in this busy, built-out corridor that has been widened multiple times at varying superelevation rates. The proposed alignment improvements remove existing lane offsets across two intersections and bring the intersections, including crosswalk slopes, up to current ADA standards. The sidewalks will also be upgraded to meet the City’s current standard for its Core Area.

GRAND AVE LOCAL STREETS IMPROVEMENTS, City of
Livermore, CA; Roadway Design Engineer. The local street improvements was part of a Caltrans seismic retrofit and bridge barrier improvement project on Interstate 580 in Oakland.

Improvements were requested by the City on local streets as mitigation for the removal of the Santa Clara Avenue Pedestrian Overcrossing at Interstate 580 PM 43.76 and the Van Buren Avenue pedestrian overcrossing at Interstate 580 PM 43.75. Consor was brought on to design the local street improvements that would link the two sides of Interstate 580 for pedestrian access and the bike network. Project also included the addition of parking-protected Class IV bike lanes on Grand Ave. and MacArthur Blvd. A two-way cycle-track and a protected intersection was created at Grand Ave. and Santa Clara Ave. and at the intersection of Grand Ave. and MacArthur Blvd. Curb ramps at intersections were designed to the latest Caltrans standards. Bus stop islands and curb bulb-outs were implemented as part of the project. Bike lanes were raised and ran through the bus stop island bulb-outs with measures implemented in design to reduce the potential for conflicts between bicyclists and pedestrians utilizing the bus stops.

NAVY DRIVE WIDENING, Port of Stockton, Stockton, CA;
Roadway Design Engineer. Roadway widening project for the Port of Stockton to accommodate increased truck traffic flows. Aided in design of roadway including alignments, profiles, typical sections, and cross-sections. Provided quantities for project milestones.

Prepared field safety instructions, design criteria memo, and project instructions. Provided layout of roadway geometrics cognizant of conforming to adjacent projects. Drafted exhibits for design meetings.

HOTELLING GULCH BRIDGE REALIGNMENT, Siskiyou County,
CA; Roadway Design Engineer. Responsible for design, drafting, quantities, and estimates for this roadway improvement project.

The purpose of this project is to improve fish passage and access to upstream habitat. As part of the stream restoration, an existing pipe culvert will be replaced by a larger bridge structure to remove a fish passage barrier at the intersection of the restored Hotelling Gulch and Cecilville Road. The proposed horizontal alignment for this segment of Cecilville Road closely follows the original roadway alignment with improvements made to eliminate narrow locations in the roadway pavement. Vertically, the roadway profile will be raised approximately three feet in the vicinity of the proposed bridge in order to provide adequate freeboard for flows in the restored channel. The raised profile will conform to the existing roadway grade within the minimum attainable touchdown distance without negatively affect vertical sight distance.

COUNTY ROAD BRIDGE REPLACEMENT AT DRY SLOUGH
(HBP), Yolo County, CA; Roadway Design Engineer. Responsible for design, drafting, quantities, and estimates for the replacement of the functionally obsolete structure with a wider bridge that satisfies current width standards. The project will incorporate slope protection and approach guard railing.

SANTA LUCIA ROAD BRIDGE REPLACEMENT (HBP),
Atascadero, CA; Roadway Design Engineer. The development of plans, quantities, and estimates for this bridge replacement project.

The road is on a critical access road for a rural neighborhood.

Detour plans and construction staging was of primary concern to verify roadway remained open. Andrew helped in the design of the final roadway, the temporary roadway detour, and project-wide drainage.

VIA AVENUE BRIDGE REPLACEMENT (HBP), Atascadero,
CA; Roadway Design Engineer. Responsible for plans, quantities, and estimates for this bridge replacement project. The project is located in an urban environment with adjacent commercial and residential land uses. Project will remove the existing safety issue caused by current geometry and bridge conditions. Andrew was responsible for design of the drainage conveyance and treatment system, sidewalks, ADA accessible ramps, coordination of utilities, and detour routing to be implemented during construction.

COTTONWOOD ROAD AT OUTSIDE CANAL BRIDGE
REPLACEMENT, Merced County, CA; Roadway Design Engineer.

Responsible for design, drafting, quantities, and estimates for this replacement project. Verified levee access roads adjacent to the canal conform to the roadway design. Designed utility plans and details for relocations to accommodate the bridge improvements.

The replacement bridge would be on the existing alignment and is a two-lane structure approximately four feet wider than the existing bridge to accommodate two 11-foot lanes with three-foot shoulders on the roadway approaches to the bridge.

ATWATER JORDAN ROAD OVER ATWATER CANAL BRIDGE
REHABILITATION (HBP), Merced County, CA; Roadway
Design Engineer. Responsible for design, drafting, quantities, and estimates for the widening of roadway approaches to an improved bridge.

DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | Appendix 3 With 31 years of experience, Carolyn has been responsible for the development of plans, specifications, and estimates (PS&E) for dozens of transportation projects throughout California. In addition to PS&E development, her experience includes preparing applications and maintaining current documentation with Caltrans for federally funded projects in accordance with Caltrans Local Assistance guidelines and procedures. Carolyn has extensive experience in roadway design, including geometric design, intersection improvements, ADA compliance, drainage, and safety features using AASHTO, Caltrans, and local standards. She regularly works closely with a variety of technical specialists to provide a complete and feasible design.

Select Project Experience
5TH AVENUE SIGNALIZATION AND ROADWAY IMPROVEMENTS, STATE AND LOCAL FUNDING, Tuolumne County, CA; Project Manager. Carolyn managed this traffic signalization and roadway improvements project at the intersection of 5th Avenue and State Route 49/108. The project improves operations at the 5th Avenue and SR 49/108 intersection by adding a signal and reconfiguring the intersection at Jamestown Road and 5th Ave. Partial right-of-way acquisitions, utility easements and temporary construction easements from residential and commercial parcels was required. The project team also had to coordination substantially with PG&E to relocate complex system of overhead utility lines. A Caltrans Encroachment Permit was obtained for the signal and other work within Caltrans right-of-way. Carolyn was responsible for overseeing subconsultants performing geotechnical testing and analysis, hazardous waste testing, CEQA clearance, and electrical design. PS&E includes roadway reconstruction, drainage design, signing and striping, and traffic handling in four stages in order to maintain access through the project site. Carolyn coordinated, attended, and presented project information at several public meetings.

DANVILLE BOULEVARD/ORCHARD COURT COMPLETE STREETS IMPROVEMENTS, Contra Costa County, CA; Project Manager. Responsible for preliminary engineering and final PS&E of this bridge replacement project. The existing bridge was originally identified as a seismically vulnerable bridge as a part of the Proposition 1B, Local Bridge Seismic Retrofit program. The replacement bridge is a four-span 580-foot-long by 43-foot-6- inch-wide, cast-in-place, post-tensioned concrete parabolically haunched box girder.

The bridge is a critical connector, serving over 7,000 vehicles per day traveling to and from Lompoc from Vandenberg Air Force Base (VAFB), the Lompoc Federal Correctional Complex on the north side of the river, and Santa Maria. The project included design for liquefaction, significant scour mitigation measures including buried RSP, construction of the bridge within a critical habitat for salmonoids, and large diameter casing oscillated drilled piles.

Additional Relevant Experience
• Canal Road Sidewalk/Bike Lane Improvements, Contra Costa County, CA • South Main Street/Soda Bay Road Widening & Bike Lanes, Lake County, CA • San Pablo Dam Road Walkability Project, Contra Costa County, CA • West Texas St Gateway Access Improvement Project, City of Fairfield, CA • State Route 139 Paving, Caltrans (Susanville, CA)

EXPERIENCE
31 years

YEARS WITH CONSOR
24 years

EDUCATION
BS, Civil Engineering, California
State University, Sacramento

REGISTRATION
Professional Civil Engineer
CA #58440; QSD/P #00327

KEY EXPERTISE
Roadway, Civil, Transportation
Design
PS&E for Local Agencies
Federal Funding
Caltrans Local Assistance
Utility Coordination
Project management for Local
Agencies
Permitting Requirements
Right-of-way Procedures
Stakeholder coordination
Carolyn Davis, PE, QSD/P
Principal-in-Charge
DRAFT

Civil/Structural Design Services for Infrastructure Projects | City of Brentwood | Appendix 4 Michele is a Civil Engineer with 23 years of experience on transportation improvement projects in the environmental document, PS&E and construction phases. Design experience includes highway widening, interchange modifications, local street improvements, pedestrian and bicycle facilities, site design and drainage improvements.

Michele is proficient in Microstation, InRoads, and AutoCAD Civil 3D.

Select Project Experience
2021 STREET RESURFACING & SLURRY SEAL PROJECTS, City of Livermore, CA; Project Manager. Michele is the project manager responsible for civil engineering design for Livermore 2021 street resurfacing and slurry seal projects that consist of roadway surface improvements on various City arterials and residential streets. Segments of 25 streets are slated for pavement surface treatments, along with sections of curb and gutter repair, and the design of 200 ADA-compliant curb ramps adjacent to the street surface improvements. The design required plan view sheets for each street location, construction detail sheets covering the curb ramp designs and pavement delineation sheets incorporating buffered and separated bicycle facilities. Drainage design work was included in areas with poor drainage, connecting to existing drainage systems using new drainage inlets and pipe lengths running beneath City streets.

FREMONT BOULEVARD/COUNTRY DRIVE PROTECTED INTERSECTION PROJECT, City of Fremont, CA; Project Manager. This project included safety upgrades for cyclists and pedestrians crossing the intersection; bus stop relocations, utility adjustments and drainage improvements; as well as coordination with the adjacent Washington High School and local businesses. Construction of the project will be staged to minimize impact to traffic and access during the school year and during business hours for the adjacent businesses.

The project is the first phase of improvements in the area that will ultimately lead to raised and at-grade cycle tracks on Fremont Boulevard and Country Drive. The design was prepared according to City of Fremont standards, California MUTCD guidelines, FHWA Separated Bike Lane Planning and Design Guide, NACTO Don’t Give Up at The Intersection, and Caltrans DIB 82-06.

HILLSIDE BOULEVARD ROAD DIET IMPROVEMENTS, City of South San Francisco, CA; Project Manager. Michele was responsible for utility coordination and PS&E for civil engineering design on this Active Transportation Program and Local Partnership Programfunded project, which included intersection modification, bulb outs, curb ramps, drainage improvements and utility adjustments. Other improvements included signal modification and modification of striping to provide buffered bike lanes along Hillside Boulevard.

I-80/WEST TEXAS STREET GATEWAY ACCESS IMPROVEMENT, Fairfield, CA; Project Manager/Engineer. Responsible for the overall project including PEER and PS&E for the design of a dedicated bus off-ramp leading directly to the Fairfield Transportation Center and a shared-use path and adjacent retaining wall connecting the existing path along the Linear Park to West Texas Street. The work includes coordination with a multidisciplinary team of consultants for design of pedestrian/bicycle access lighting on West Texas Street and the EB I-80 off ramp; signal modifications at West Texas Street for the Eastbound I-80 off-ramp; new sidewalk on the south side of West Texas Street; new pedestrian crosswalks; new landscape architecture; and new raised median with landscaping. All work was prepared to Caltrans standards.

EXPERIENCE
23 years

YEARS WITH CONSOR
11 years

EDUCATION
BS, Civil and Environmental
Engineering, University of
California, Berkeley

REGISTRATION
Professional Civil Engineer
CA #69116

KEY EXPERTISE
Roadway, Civil, Transportation
Design
PS&E for Local Agencies
Federal Funding
Caltrans Local Assistance
Utility Coordination
Project management for Local
Agencies
Permitting Requirements
Right-of-way Procedures
Stakeholder coordination
Michele Johnson, PE
Project Manager
DRAFT