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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: September 23, 2003

Subject/Title: Authorize the City Manager to execute a professional services agreement not to exceed $118,600 plus a 10% contingency with Carlson Barbee & Gibson, Inc. to prepare a Survey, Tentative Map, Final Map and related work for the Sunset Industrial Complex. Amend the CIP Project # 337-3128 budget.

Submitted by: Howard Sword, Economic Development Director
Pam Ehler, Finance Director

Approved by: John Stevenson, City Manager

RECOMMENDATION

Authorize the City Manager to execute a professional services agreement not to exceed $118,600 plus a 10% contingency, for a total of $130,460, with Carlson Barbee & Gibson, Inc. to prepare a Survey, Tentative Map, Final Map and related work for the Sunset Industrial Complex. Amend the CIP Project # 337-3128 budget.

PREVIOUS ACTION

 City Council authorized the purchase of approximately 40 acres of property located at the northeast corner the Tresch and Sunset Roads.

 City Council authorized various consultant contracts to master-plan and prepare environmental documents for approximately 132 acres of city owned land northeast of Tresch and Sunset Roads to include a 49.2 acre Wastewater Treatment Plant, 2.7 acre Solid Waste Plant, 37.7 Sports Park, 13.3 acre Corporation Yard and a 28.4 acre Industrial Complex.

 City Council authorized a consultant contract with McGill Martin Self to prepare infrastructure improvement plan for the Sunset Industrial Complex.

 On June 4, 2002, the Planning Commission certified the Environment Impact Report for the Sunset Industrial Complex, and on June 6 the Notice of Determination was filed with the County.

 On July 23, 2002 the City Council adopted Ordinance 710 approving the PD Zoning for Sunset Industrial Complex, and also awarded the construction contract for the Sunset Industrial Complex Improvements Project (CIP No. 336-3128) to Teichert Construction.

 On August 13, 2002 the City and the Redevelopment Agency entered into a Reimbursement Agreement loaning the City $3,000,000 for improvements at the Sunset Industrial Complex and describing the pro rata distribution of excess sales proceeds based on capital contributions to the project. (Council: Resolution 2630, Agency: Resolution RA-58).

 On November 26, 2002 the City Council approved a sales strategy for property located at the Sunset Industrial Complex and adopt criteria for the selection of successful candidates to purchase the subject property.


BACKGROUND

The City purchased a 40-acre parcel off Sunset Road in 1999 for the expansion of the adjacent sports complex by 16± acres, and to implement an economic development strategy by zoning the remaining acres for medium industrial land use in the 2001 General Plan update. The City intends to sell parcels within the Sunset Industrial Complex to end-users. The sale revenues to the City will be then used to reimburse the City for its cost of the land, planning, engineering and a portion of the infrastructure improvements. The sales revenues will also reimburse the Redevelopment Agency for paying a portion of the cost of improvements. Therefore, both the City and the Agency expect to receive full reimbursement for their out-of-pocket costs associated with developing the Sunset Industrial Complex as parcels are sold. Any excess receipts from the proceeds of the sales beyond the actual costs shall be shared between the City and Agency in amounts equitable to their contributions.

The project construction improvements are presently 95% complete. Requests for proposals (RFPs), following Council approved guidelines, to purchase property in the Complex have been distributed. Preliminary RFPs have been received that will account for all of the available property if all proposals result in successful sales transactions. The financial capacities of the proposals to complete a successful sales transaction are currently being evaluated.

A Boundary Survey and Final Map were not originally prepared for the project because it has not been feasible to determine the size and location of specific parcels until the actual end-users have been identified. The information to complete the Boundary Survey is now available. The requested parcel size and zoning characteristics of each proposal are currently being evaluated to determine the most appropriate location in the Complex. The completion of these tasks will enable a Final Map to be prepared for the project so that sales transactions can be finalized.

The CIP Project # 337-3128 budget amendment will be thoroughly discussed in the Fiscal Impact.

FISCAL IMPACT

The Sunset Industrial Complex, CIP Project # 337-3128, has served as an umbrella project that is providing infrastructure benefits to the Wastewater Treatment, Solid Waste, and Water Enterprises as well as the Corporation Yard, Sports Park and Road Fee Account. Funding for the project has been provided by internal distributions from these accounts as well as a loan of $3,000,000 from the Redevelopment Agency. Permanent funding for the project will be from a final internal distribution from these accounts, as determined by the Finance Director, as well as the proceeds from the sale of the real property comprising the Sunset Industrial Complex. The Redevelopment Agency loan will also be repaid from sales proceeds and excess revenues will be distributed proportionately between the City and the Agency as determined by their pro rata capital contribution as described in the Reimbursement Agreement entered into between the City and Redevelopment Agency on August 13, 2002 (Council: Resolution 2630, Agency: Resolution RA-58).

The accounting for the project has been intricate due to the number of funding entities. It has always been the bookkeeping intention to keep the entire project costs in one CIP project and then account for the financial distribution in a final reconciliation as determined by the Finance Director. A land cost distribution was made during the preparation of the 2003 / 04 CIP Worksheet that split land costs among the different funding entities. This was clerical in nature and does not materially effect Staff’s projections on excess proceeds expected to be generated by the project. The following amendment to that worksheet and budget brings all the land costs into the project as well as reflects the Final Map contract referenced in this Staff Report.




2003 / 04 Amended Proposed 9/23/2003
CIP Budget CIP Budget Final Map Amended
incl. Land Cost Change CIP Budget
Contin. Incl.
Legal 100,000 30,000 30,000
Design / Eng. 1,600,000 1,600,000 130,460 1,730,460
Construction 3,500,000 3,475,774 3,475,774
Pro. Man. 100,000 30,000 30,000
Land / ROW 822,312 1,644,623 1,644,623
Total 6,122,312 6,780,397 6,910,857

ATTACHMENTS

Exhibit A – Carlson Barbee & Gibson, Inc. Proposal to Provide Civil Engineering Services
Exhibit B – Agreement for Professional Consultant Services
Exhibit C – Sunset Industrial Complex 2003 / 04 CIP# 337-3128 Worksheet

EXHIBIT A
September 5, 2003
Job No.: 1219-00

Proposal to Provide
Civil Engineering Services

Sunset Industrial Park
APN 018-200-003, 008
40 Acres +
Brentwood, California

Description of Work Estimated Fee

I. Survey

A. Prepare Boundary Survey of parcel. Calculate exterior $ 9,344
boundary and encumbering easements.

Principal 4 hours @ $190/hour
Survey Crew 16 hours @ $206/hour
Senior Surveyor 24 hours @ $147/hour
Associate Surveyor 16 hours @ $110/hour

B. Prepare Aerial Topography of parcel at 1”=40’ with one $ 7,824
foot contours.

Survey Crew 8 hours @ $206/hour
Senior Surveyor 8 hours @ $147/hour
Photogrammetrist $5000

C. Prepare Base Map of parcel showing boundary, existing $ 4,872
easements, and topography.

Principal 4 hours @ $190/hour
Senior Surveyor 16 hours @ $147/hour
Associate Surveyor 16 hours @ $110/hour


II. Preliminary Engineering $ 16,400

A. Review twelve proposals prepared by potential buyers.

B. Coordinate with potential buyers to identify their land
use needs.

C. Prepare a table summarizing potential buyers and their
land use needs.

D. Develop a preliminary lot layout.

E. Prepare a utility study of storm drain, sanitary sewer,
and water based upon the preliminary lot layout.

Principal 8 hours @ $190/hour
Senior Engineer 16 hours @ $147/hour
Project Planner 40 hours @ $137/hour
Design Engineer 24 hours @ $127/hour
CADD Technician 40 hours @ $100/hour

III. Entitlement

A. Tentative Map $ 15,640

1. Prepare a Tentative Subdivision Map in conformance
with City of Brentwood Requirements. Assist client
in the preparation of application materials.

Principal 4 hours @ $190/hour
Senior Engineer 16 hours @ $147/hour
Project Planner 40 hours @ $137/hour
Design Engineer 24 hours @ $127/hour
CADD Technician 40 hours @ $100/hour

B. Final Map

1. Prepare a Final Map in conformance with City $ 25,560
of Brentwood requirements.

Principal 8 hours @ $190
Senior Surveyor 40 hours @ $147
Associate Engineer 80 hours @ $127
CADD Technician 80 hours @ $100

2. Set monuments and property corners as shown $ 4,472
on Final Map.

Survey Crew 16 hours @ $206
Senior Surveyor 8 hours @ $147

IV. Revisions $ 4,808

A. Revise the lot layout, utility study and Tentative Map
as requested by Client

Senior Engineer 8 hours @ $147/hour
Design Engineer 16 hours @ $127/hour
CADD Technician 16 hours @ $100/hour

V. Miscellaneous Exhibits and Legal Descriptions

A. Miscellaneous Exhibits $ 6,704

1. Prepare miscellaneous exhibits as requested
by client.

Senior Engineer 8 hours @ $147/hour
Project Planner 8 hours @ $137/hour
Design Engineer 16 hours @ $127/hour
CADD Technician 24 hours @ $100/hour


B. Legal Descriptions

1. Prepare Legal Descriptions as requested by client. $ 9,800
(assume 10)

Principal 8 hours @ $190/hour
Senior Surveyor 40 hours @ $147/hour
CADD Technician 24 hours @ $100/hour

VI. Meetings and Hearings

A. Attend meetings and Hearings as requested by client $ 8,176

Principal 8 hours @ $190/hour
Senior Engineer 8 hours @ $147/hour
Project Planner 40 hours @ $137/hour


VIII. Reimbursables (Cost +15%) $ 5,000

A. Printing and Computer Plots.

B. Delivery Services, UPS.

C. Other tasks requested by Client or Agencies.

D. Computer Disks/Files for Others.

Total $ 118,600

VII. Assumptions

A. Fees will be based on actual hours accrued and charged per the attached Standard Hourly Charge Rate Schedule which is in effect through June 30, 2004. The estimated fee amounts are for budget purposes only.

B. Client will provide the following items, if necessary:

a. Application fees.
b. Property Owner Radius List.
c. Arborist Report.
d. Preliminary Title Report.
e. Preliminary Soils Report.
f. Archeological Records Search.
g. Biological Record Search.
h. Any additional information deemed necessary by the City.

C. The City provided Carlson, Barbee & Gibson, Inc with 12 proposals for industrial uses for the site. The ultimate lotting and proposed placement of each user was discussed and generally designated on a site plan layout during a meeting with Howard Sword and Paul Eldredge on June 30, 2003. The 12 proposals include:

a. Brockman Engineering Contractors requesting 2-2.5 acres.
b. Five Star Plumbing requesting 1-1.25 acres.
c. Thorpe Design Inc. requesting 1-2.5 acres.
d. R. Brothers Concrete requesting 2 acres.
e. Lawrence and Diane Cannon requesting 1 acre.
f. HFW Construction Supply requesting 1 acre.
g. Henson Plumbing Service requesting 1 acre.
h. Pottery World requesting 1-2 acres.
i. California Stone Company requesting 1 acre.
j. Town & Country Roofing requesting 3 acres.
k. Eco Water Systems requesting 2-2.5 acres.
l. B Woodmore Painting requesting 1 acre.

D. The Batch Plant Plan is assumed to fit on the northernmost 2.5 Acres of Lot 9, as identified on the improvement plans for Elkins Way.

E. Presentation at public hearings will be made by Client. CBG Representatives to attend hearings to answer/address technical issues and questions.

F. Additional Legal Descriptions are $1,000 each.


VIII. Exclusions

A. Letter of Map Revision. (LOMR).

B. CIFP/Assessment District Coordination, Assessment District Segregation, Lighting and Landscape District Coordination.

C. Applications, Processing or documentation for Design Review and Use Permit for individual lots.

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
OF CARLSON, BARBEE & GIBSON, INC.

This Agreement, made and entered into this 24th day of September, 2003, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and Carlson, Barbee & Gibson, Inc., located at 2603 Camino Ramon, Suite 100, San Ramon, California 94583, hereinafter referred to as CONSULTANT”.

RECITALS

A. CITY desires certain professional consultant services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this agreement is for professional services to provide Civil Engineering Services for the Sunset Industrial Park, as may be required by the CITY.

SECTION 2 – DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

It is understood that Michael P. Barbee, Principal will be the designated representative providing services to the City and this designated representative shall not be replaced without the City’s approval.

SECTION 3 – DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT’S work.

SECTION 4 – TERM

The services to be performed under this agreement shall commence on September 24, 2003 until completion as per attached scope of services.

SECTION 5 – PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request and CITY approval of the work performed. The CITY shall pay the CONSULTANT the rates set forth in Exhibit “A” not to exceed $118,600 plus a 10% contingency.

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this agreement or suspend work on the Project for any reason upon ten (10) days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this agreement upon receipt of said written notice.

Upon termination and upon CITY’S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. Upon termination or expiration of this agreement, the obligations of the parties shall cease, save and except from those provided under Sections 7,8,10, 11, 12, 14, 15, and 16.

SECTION 7 – OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Use of the instruments of professional service by City for other than the project, is at CITY’S sole risk without legal liability or exposure to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 – INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this agreement.


SECTION 10 – CONSULTANT’S STATUS

It is expressly agreed that in the performance of the professional services required under this agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this agreement.

SECTION 11 – INDEMNITY

CONSULTANT, in the performance of professional services, under this Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability to the extent arising out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or agents. For liability for other liability arising out of professional services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under this Agreement by CONSULTANT, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the active negligence or willful misconduct of personnel employed by CITY.

SECTION 12 – INSURANCE

The CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 13 - NONASSIGNABILITY

Personal Services of Consultant: Both parities hereto recognize that this agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work and will perform the work agreed to be done under this agreement utilizing a specialist standard of care and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of consultant from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deeded to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 17 - NON-DISCRIMINATION

CONSULTANT warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - ARBITRATION

After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

SECTION 20 - LITIGATION

CONSULTANT shall 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 wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.


SECTION 21 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To CONSULTANT: Carlson, Barbee & Gibson, Inc.
2603 Camino Ramon, Suite 100
San Ramon, California 94583

SECTION 22 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMEDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT

SECTION 23 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first above written.


CITY OF BRENTWOOD CARLSON, BARBEE & GIBSON, INC.

___________________________ ___________________________
JOHN STEVENSON, CITY MANAGER MICHAEL P. BARBEE, PRINCIPAL


APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov