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Meeting Date: November 12, 2002

Subject/Title: Approve a Professional Services Agreement with Berryman and Henigar for the Apple Hill Trail connection under Apple Hill Drive bridge and gabion drop structure for Contra Costa County Flood Control

Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Ken De Silva, Park Services Manager

Approved by: John Stevenson, City Manager

Approve the Professional services Agreement with Berryman and Henigar.

This item was brought to the May 14, 2002 City Council meeting as an update for discussion. This item was considered by City Council on October 22, 2002 and staff was requested to bring this back.

The Apple Hill Trail was intended to run from the south, off Central Boulevard at Apple Hill Park, to the north along Deer Creek, under Apple Hill Drive, and connect to the Contra Costa County Flood Control District’s Deer Creek detention basin. The trail was first mentioned in the Planning Commission Resolution No. 89-52 (approved August 1, 1989). Apple Hill Trail was constructed and landscaped with the exception of 200 feet that goes under the Apple Hill Drive bridge over Deer Creek.

The connection under the bridge was not made at that time because the gabion drop structure in the Deer Creek detention basin had not been completed. Once installed, the drop structure would lower the water level in the creek, allowing for the trail section to be completed. It would only be during high water flows that the trail connection would not be usable. Because the under bridge connection has never completed, trail users needed to walk in to the Apple Hill community to cross Apple Hill Drive and back down the other side to the trail. The Apple Hill community has since installed gates on their property that now blocks trail passage along this end of the trail.

City staff have participated in numerous meetings with Flood Control, Blackhawk/Nunn and the Consultant firm of Berryman and Henigar to discuss the resolution of this project. City Attorney Dennis Beougher and Blackhawk/Nunn Attorney Sandy Skaggs met with Nicole Kozicki of the Department of Fish and Game who indicated that a full Environmental review for this project was not necessary. Blackhawk/Nunn will still need to file for a Department of Fish and Game permit for this project.

Blackhawk/Nunn has agreed to perform all of the work associated with this project and will correct any outstanding items noted on the previous punch list prepared by Public Works and Contra Costa County Flood Control District since these issues were never resolved. The work performed on the construction of the gabion drop structure is to be completed through a reimbursement agreement between Blackhawk and CCCFCD.

Parks and Recreation Department staff have been working with CCCFCD to try and complete the trail work and the gabion drop since the two projects are related. City staff worked, at the request of CCCFCD, to get a proposal from an engineering firm to develop the necessary design and environmental permits. A final proposal was completed on September 3, 2002, which was reviewed by CCCFCD staff who are in agreement with the scope of work.

Eric Whan, of CCCFCD, has identified that they are now prepared to move forward with the project in conjunction with the City on the revised proposal dated September 3, 2002. This will require a Joint Exercise of Powers Agreement (JEPA) between the City of Brentwood and CCCFCD to move the proposal forward. Attached is a letter of intent from CCCFC in support of the City’s involvement with this project.

Approval of this professional services agreement will allow Berryman and Henigar to move forward with the design while the final JPA is completed with CCCFCD. Blackhawk/Nunn will then complete the work in Spring 2003 from the documents prepared by Berryman and Henigar.

At the October 22, 2002 City Council meeting, two issues were discussed and staff was asked to respond in a follow up report.

1. Staff was asked whether bids had been received for this work by Berryman and Henigar. As per the approved City of Brentwood purchasing policy, staff is not required to secure bids for a professional services agreement. However, staff did request informal quotes on this work, which at the time included environmental work. The quotes were as follows:

McKay and Somps $115,650
Berryman and Henigar $101,936
CBG Declined to bid

As a result of their low quote, staff began work with Berryman and Henigar with support from CCCFCD through the process of the final scope, which no longer includes environmental work.

2. Staff was asked who will pay for this work. As this work was a condition of approval for Blackhawk (this project has recently been bought out by Pulte), the work will be paid by the fee credits that Blackhawk/Pulte currently have.

Staff is recommending approval of this professional services agreement so that the project can move forward.

The funding for this project comes from the Blackhawk/Pulte reimbursement agreement. This agreement will be reduced by the total cost of this project. All accounting will be handled through CIP Project No. 522-5215. Initial cost to start the project of $77,396 will come from this CIP project.

Professional Services Agreement with Berryman and Henigar
Proposal from Berryman & Henigar
Letter of support from Contra Costa County Flood Control
Blackhawk/City letters of November 17, 1999 and December 13, 1999
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