Brentwood City Council
May 27, 2025

MAY 27, 2025, 7:00 PM

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.

HOW PARTICIPATE
The public is invited to participate in the 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): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). 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 AGENDA
Zoom Webinar ID: 760 1397 0037

May 27, 2025, 7:00 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
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. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

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.

Zoom participation during this general public comment period will not be accepted.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

E. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

E.1 Meeting Minutes of the City Council
Special City Council Meeting of December 19, 2024
Special City Council Meeting of January 7, 2025
Special City Council Meeting of May 13, 2025
City Council / Successor Agency Meeting of May 13, 2025 E.2 Meeting Minutes of the City Council Prior to December 19, 2024 Special City Council Meeting of July 23, 2024
Special City Council Meeting of July 29, 2024
Special City Council Meeting of September 10, 2024
Special City Council Meeting of September 24, 2024
Special City Council Meeting of October 15, 2024
Special City Council Meeting of November 12, 2024
Special City Council Meeting of December 10, 2024
E.3 A Proclamation Recognizing June as Elder Abuse Awareness Month E.4 A Proclamation Recognizing June as National Safety Month E.5 A Proclamation Recognizing June as Pride Month
E.6 A Proclamation Recognizing June 5, 2025, as John Marsh Day E.7 GANN Limit
Title/Recommendation
Approve a resolution adopting the 2025/26 Proposition 4 (1979) Appropriations Limit, or GANN Limit, using the change in State per capita income factor of 6.44% as the cost-ofliving factor and the change in the City population factor of 0.603% to calculate the Limit.

E.8 Award an Agreement for civil engineering services with Freyer & Laureta, Inc. for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for civil engineering services with Freyer & Laureta, Inc. (“F&L”) in the amount of $99,900, plus funding authorization for a 10% contingency of $9,990, for a total not-toexceed funding authorization amount of $109,890, for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (“Project”).

CEQA work is ongoing and will be done concurrently with the design process.

E.9 Award of contract to Saboo Inc. for the Parking Garage Security and Safety Enhancements, CIP Project No. 337-37262
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute a contract and necessary documents with Saboo Inc. in the amount of $250,000, plus funding authorization for a 15% contingency of $37,500, for a total funding authorization not-to-exceed amount of $287,500, for the Parking Garage Security and Safety Enhancements Project, CIP Project No. 337-37262 (“Project”).

E.10 A Resolution adopting a List of Projects for submittal to the California Transportation Commission for Fiscal Year 2025/26 funded by SB 1: The Road Repair and Accountability Act of 2017
Title/Recommendation
Adopt a Resolution adopting a List of Projects for submittal to the California Transportation Commission (“Commission”) for Fiscal Year (“FY”) 2025/26 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

E.11 Considering actions pertaining to the annexation of the Orchard Grove North project into the City’s existing Landscape and lighting Assessment District No. 23-1 as Annexation No. 1 Title/Recommendation
City Staff recommends the City Council adopt a Resolution initiating and declaring the intention to annex the Orchard Grove North project into existing Landscape and Lighting Assessment District No. 23-1 (Orchard Grove) as Annexation No. 1; declaring the intention to levy and collect assessments; and setting the date of June 10, 2025, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

E.12 Resolution authorizing the execution of a Memorandum of Understanding with the Brentwood Senior Citizens Club
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager, or designee, to execute a Memorandum of Understanding (“MOU”) between the City of Brentwood and the Brentwood Senior Citizens Club, Inc., to support the delivery of a broad range of programs, activities, and services at the Brentwood Senior Activity Center (“BSAC”) and the Brentwood Community Center (“BCC”) through June 30, 2028. The Resolution also includes approval of a fee waiver for facility use for three (3) years during fiscal years 2025/26, 2026/27 and 2027/28, in an amount not to exceed $100,000 per fiscal year.

E.13 BART Park and Ride Letter of Opposition
Title/Recommendation
Consideration of authorizing the City Manager, or designee, to sign a Letter of Opposition to the Bay Area Rapid Transit (BART) Board of Directors requesting the continued use of the BART-owned parcel at 3980 Walnut Boulevard in Brentwood as a Park & Ride facility.

F. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

F.1 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment District No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26.

Title/Recommendation
Hold a public hearing and adopt a Resolution approving the City of Brentwood’s sixty-eight (68) Landscape & Lighting Assessment Districts (“LLADs”), Landscape & Lighting Assessment District No. 19-3, Landscape & Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 Engineer’s Reports for Fiscal year 2025/26; ordering improvements; confirming the diagram and assessments; levying and collecting assessments; amending the Fiscal Year 2025/26 Operating Budget; and finding that the above actions are exempt from the California Environmental Quality Act.

F.2 Public Hearing in Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts Title/Recommendation
Public Hearing in Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts.

Staff recommends that the City Council receive the presentation for informational purposes during the public hearing, at which City staff will report on workforce vacancies, recruitment, and retention efforts.

G. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

G.1 Presentation and discussion of the proposed 2026 ballot measure to renew the County Urban Limit Line, with possible direction to staff
Title/Recommendation
Receive and file a presentation on the proposed 2026 ballot measure to renew the County Urban Limit Line, and provide any associated direction to staff to convey to Contra Costa County.

G.2 Additional consideration of whether tattoo studios should be allowed in the Downtown Title/Recommendation
Provide direction to staff regarding whether an amendment to the Downtown Specific Plan (DSP) should be processed to allow tattoo studios and, if so, any requirements that should be placed on them.

G.3 Award of Contract to Conti LLC for the City Facility Audiovisual System Upgrade Project, CIP Project # 337-37259; amending the 2024/25 – 2028/29 Capital Improvement Program (CIP); and amending the FY 2024/25 Operating Budget Title/Recommendation
Adopt a resolution 1) approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents, for the City Facility Audiovisual System Upgrade Project, CIP Project No. 337-37259 to Conti LLC, as the lowest responsive bidder in the amount of $962,961.19, plus funding authorization for a 10% contingency amount of $96,296.12, for a total funding authorization not to exceed amount of $1,059,257.31; 2) amending the 2024/25 – 2028/29 Capital Improvement Program (CIP); and 3) amending the FY 2024/25 Operating Budget for the associated project funding transfer.

G.4 Receive Water Supply Options Study and Provide Guidance Title/Recommendation
Receive the Water Supply Options Study and provide guidance relative to staff’s recommendation, which is:

1. Short term: to purchase additional treatment capacity at Contra Costa Water District’s Randall-Bold Water Treatment Plant, and

2. Long term: to continue exploring a new Water Treatment Plant on the south end of the city using water rights purchased from Byron Bethany Irrigation District.

G.5 Provide the City Council with requested information related to increasing the Affordable Housing Ordinance’s 13% obligation
Title/Recommendation
The purpose of this item is to provide the City Council with requested information related to increasing the Affordable Housing Ordinance’s 13% obligation. It is recommended that the City Council provide direction on the following:

1. Whether to increase the affordability percentage requirement of 13% and, if so, to what percentage;

2. If changes are recommended, how to allocate the new affordability percentage requirement to the affordable income categories; and

3. Whether to conduct an economic feasibility study to support an increase in the affordability percentage requirement, if one is sought.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting

I. 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 May 22, 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
December 19, 2024, 8:00 a.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 8:00 a.m.

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

Vice Mayor Pierson joined the meeting at 8:08 a.m.

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.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (2): Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (4 to 0)
D.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E. RECONVENE IN OPEN SESSION / REPORT ON CLOSED SESSION The City Council reconvened in Open Session at 9:55 a.m.

Mayor Meyer stated there was nothing to report from Closed Session.

F. ADJOURNMENT
It was moved/seconded by Mendoza/Pierson to adjourn at 9:56 a.m.

Motion carried unanimous with Maloney, Pierson, Mendoza, Oerlemans and Mayor Meyer in favor.

1 SPECIAL CITY COUNCIL MINUTES
January 7, 2025, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:33 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Luke Santos and Jaylene Walker provided comments regarding item D.1.

Mayor Meyer closed public comments.

D. RECESS TO CLOSED SESSION
At 5:42 p.m. it was moved/seconded by Mendoza/Pierson to recess to Closed Session.

Motion carried unanimous with Maloney, Pierson, Mendoza, Oerlemans and Mayor Meyer in favor.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
D.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E. RECONVENE IN OPEN SESSION
Council reconvened in Open Session at 9:08 p.m.

F. REPORT ON CLOSED SESSION
Mayor Meyer stated there was nothing to report out from Closed Session.

G. ADJOURNMENT
It was moved/seconded by Mendoza/Orelemans to adjourn at 9:09 p.m.

Motion carried unanimous with Maloney, Pierson, Mendoza, Oerlemans and Mayor Meyer in favor.

1 SPECIAL CITY COUNCIL MINUTES
May 13, 2025, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:32 p.m.

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

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

C. BUSINESS ITEMS
C.1 2025/26 - 2029/30 Capital Improvement Program Workshop Sonia Agostini, Accounting Manager; Kerry Breen, City Treasurer; and Vatsal Patel, Interim Director of Parks and Recreation presented the item.

Mayor Meyer opened public comments.

Paul Erchul inquired about the accuracy of the timeline stated for CIP project Soundwall - Fairview Avenue and Balfour Road.

There being no additional speakers, Mayor Meyer closed public comments.

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Susannah Meyer, Mayor
The City Council, by motion, provided the following direction to staff:

1. Move forward with Draft CIP as presented at City Council - Special Meeting, May 13, 2025.

2. Add an unfunded CIP project to the ‘Future Improvements’ portion of the CIP to address the beautification of Brentwood Boulevard
Brentwood Boulevard Beautification
Project Manager: To be assigned by staff
Location: Brentwood Boulevard between Downtown and
Sunset
Description/Justification: Beautification to facilitate economic development and improve residents’ quality of life

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)
D. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The City Council, by motion, adjourned at 6:42 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)

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
May 13, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:07 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Mike Clement spoke regarding the Veterans Hall's 100-year anniversary.

Ralph Hernandez spoke regarding Scott Dyleski's alleged wrongful incarceration and he endorsed the recall of District Attorney Diana Becton.

Paul Radliff spoke in support of the Planning Commission's decision to deny the Design Review application for Fire Station 94.

Roger Cocksedge spoke in support of the Planning Commission's decision to deny the Design Review for Fire Station 94.

Don Hester requested that the City give the Sand Creek surplus property to the fire district as a location for Fire Station 94.

Chris Juarez provided comments requesting that the City Council amend the Downtown Specific Plan to allow tattoo shops.

Paul J. provided comments regarding legitimate voting.

Dolores Long provided comments in opposition of Fire Station 94 being built at the downtown location.

Oxsana had questions regarding the City's Flag policy.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Mayor Meyer indicated there was nothing to report out from the Special Meeting closed session held on May 7, 2025.

Council Member Oerlemans reported on attendance at the Tri Delta Transit Board Meeting; Multi-Cultural Youth Commission Festival; Farmers Market;

2 Police Activities League Golf Tournament; East Contra Costa County Habitat Conservancy Board Meeting; City of Brentwood Employee Appreciation Barbecue; Chamber of Commerce's 6th Annual East Bay Business Expo & Job Fair; Chamber of Commerce Ribbon Cutting for EXP Realty; Police Activities League Bike Rodeo; Ad-Hoc Budget and Debt Management Committee Meeting; City Council Closed Session Meeting; Chamber of Commerce Ribbon Cutting for Port of Subs; Fill the Boot Fundraising Event; and East Contra Costa Water Management Association Board Meeting.

Council Member Maloney reported on attendance at the City of Brentwood Employee Appreciation Barbecue; Youth in Government Day and mock City Council Meeting; various meetings with residents; City Council Closed Session Meeting; East County Performance Center play, Alice in Wonderland; communication with Allen Baquilar, Director of Engineering/City Engineer and Police Chief, Tim Herbert regarding the intersection of Amber Lane and Empire Avenue; and City of Brentwood's Public Works Open House.

Council Member Mendoza reported on attendance at the Town Hall with Congressman Desaulnier in Lafayette; Multi-Cultural Youth Commission Festival; Liberty Union High School District Hall of Fame Ceremony; City of Brentwood Employee Appreciation Barbecue; Youth in Government Day and mock City Council Meeting; National Day of Prayer; Ad-Hoc Budget and Debt Management Committee Meeting; watched the Planning Commission Meeting; and watched the Age and Disabilities Friendly Communities Committee Meeting.

Vice Mayor Pierson reported on attendance at the 2025 John Muir Birthday; Earth Day Celebration; Multi-Cultural Youth Commission Festival; City of Brentwood Employee Appreciation Barbecue; a Tour of the John Muir Outpatient Center with Mayor Meyer, Interim City Manager, Darin Gale and Economic Development Manager, Ricardo Noguera; Chamber of Commerce Ribbon Cutting for EXP Realty; City Council Closed Session Meeting; Chamber of Commerce Ribbon Cutting for Port of Subs; Rotary Club Meeting for State of the City presentation; watched several California State Assembly Committee Hearings; watched the Board of Supervisors Meeting; watched the Planning Commission Meeting; the Latina Leaders Roundtable; Contra Costa County Bar Association Prohibition Prom; Mother's Day Event at Hannah Nicole Winery; Age and Disabilities Friendly Communities Committee Meeting; and Contra Costa Transportation Authority Technology Event on Transportation and New Developments.

Mayor Meyer reported on attendance at the Tri Delta Transit Board Meeting; Troop 93 Eagle Scouts Honor Ceremony; Multi-Cultural Youth Commission Festival; Contra Costa Solano Food Bank 50th Anniversary Event; City of Brentwood Employee Appreciation Barbecue; a Tour of the John Muir Outpatient Center with Vice Mayor Pierson, Interim City Manager, Darin Gale and Economic Development Manager, Ricardo Noguera; meeting with City of Brentwood staff and Tri-Delta Transit; Youth in Government Day and mock City Council Meeting; a meeting to discuss Measure J and East County transportation planning; Mayor's Conference; Planning Commission Meeting;

3 Tour of Sunflower Hill community; Delta 6 Meeting; Future Build Non-Profit Graduation Ceremony; Transplan Committee Meeting; read to Miss Sailor's Third Grade Class at Isaac R. Montanez Elementary School; a Tour with Leadership Students; Rotary Club Meeting for State of the City presentation; Age and Disabilities Friendly Communities Committee Meeting; Interim City Manager, Darin Gale, introduced new staff members sitting at the Dias; announced staff who received annual Safety and Core Value awards during the City of Brentwood Employee Appreciation Barbecue; reported on his attendance Contra Costa Water District Meeting; Monthly Meeting with all City Managers across the County regarding the Contra Costa Transit Authority's budget; meeting with Summerset I related to the soundwall; meeting with Summerset III with their Golf Course Committee; Arbor Day Event; announced the ribbon cutting planned for May 14, 2025 at Egret Park, announced plans to discuss tattoo shops as they relate to the Downtown Specific Plan and discussion related to the Urban Limit Line at the next City Council meeting scheduled for May 27, 2025, announced that the future agenda item related to hours of operations of pickle ball which is planned to come back before City Council during one of the meetings scheduled for August 2025, and announced that the City of Brentwood received a call for review of the Planning Commission's decision to deny the design review for fire station 94 which is scheduled to come back before City Council on June 10, 2025.

E. CONSENT CALENDAR
Council Member Mendoza requested Item E.2 be amended to include the American Legion and pulled Item E.14 for discussion.

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Council, by motion, moved to adopt the Consent Calendar as recommended by staff including the amendment to Item E.2 and with the exception of Item E.14.

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.1 Meeting Minutes of the City Council
E.2 A Proclamation recognizing May 26, 2025 as Memorial Day Recognized May 26, 2025, as Memorial Day, and amended the proclamation to include the American Legion.

E.3 A Proclamation recognizing May 25, 2025 as National Missing Children's Day

4 Recognized May 25, 2025, as National Missing Children's Day.

E.4 A Proclamation recognizing May 18-24, 2025 as National Public Works Week
Recognized May 18-24, 2025, as National Public Works Week.

Mayor Meyer presented the proclamation to Dan Rodrigues in recognition of his 31 years of service to the City's Public Works division.

E.5 Consideration of a Recommendation for an Arts Commission Commissioner Appointment
Appointed Lindsay Bush to the Arts Commission to fill a mid-term vacancy expiring on December 31, 2025.

E.6 A Resolution approving the recommendation from the Park and Recreation Commission to assign park names to Parcel ‘B’ and Parcel ’D’ for the Hanson Lane Subdivision 9574
Adopted Resolution 2025-37 approving the recommendation of the Park and Recreation Commission to assign the name ‘Salmon Park’ to park Parcel ‘B’ and ‘Hanson Park’ to park Parcel ‘D’ within the Hanson Lane subdivision.

E.7 Notice of Completion for work performed by Park Associates, Inc., dba Park Planet, for Egret Park Playground Replacement, CIP Project No. 352-52450
Adopted Resolution 2025-42 accepting the work performed by Park Associates, Inc., dba Park Planet, for the Egret Park Playground Replacement, CIP Project No. 352-52450, and request the City Clerk file a Notice of Completion with the County Recorder.

E.8 Award of Contract to Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421
Adopted Resolution 2025-43 approving the contract documents, waiving immaterial irregularities, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, with Sandstone Environmental Engineering, Inc. as the lowest responsible bidder in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not to exceed amount of $327,083.

5 E.9 Annexation #17 to Community Facilities District No. 5 Adopted Resolution 2025-44 approving Annexation #17 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No.

5. Adopted Resolution 2025-45 declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of June 24, 2025, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

E.10 Approve the Rule 20C contract with PG&E for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701
Adopted Resolution 2025-46 approving the Rule 20C contract and authorizing the City Manager or their designee to execute the contract with PG&E for the design and engineering of undergrounding overhead utilities and poles for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, (“Project”) in an amount not-to-exceed $115,222.47.

E.11 Award of contract to JV Lucas Paving for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704
Adopted Resolution 2025-47 approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704, (“Project”) with JV Lucas Paving (“JV”) as the lowest responsible and responsive bidder in the amount of $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

E.12 Award Agreement for Engineering Services with Bellecci & Associates, Inc., dba Sanbell-Bay Area “Sanbell” for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419 Adopted Resolution 2025-48 approving and authorizing the City Manager or designee to execute an Agreement for Engineering Design Services with Sanbell in the amount of $299,865, plus funding authorization for a 15% contingency of $44,980, for a total not-toexceed funding authorization amount of $344,845, for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419 (“Project”).

CEQA work is ongoing and will be done concurrently with the design process.

E.13 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment District Nos. 19-3 and 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26

6 Adopted Resolution 2025-49 declaring the intention to order improvements for the City of Brentwood’s sixty-eight (68) Landscape and Lighting Assessment Districts (“LLADs”), Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26; declaring the intention to levy and collect assessments; and setting the date of May 27, 2025, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

E.14 A Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Meritage Homes for the Hanson Lane (Subdivision 9547) project Sylvia Elias, Senior Analyst, presented the item.

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Approved Resolution 2025-50 authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Meritage Homes for the Hanson Lane project (Subdivision 9547) and such other documents as may be needed to complete the transaction.

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)
F. PUBLIC HEARINGS
F.1 Adoption of Chapter 5.76 Tobacco Retailers and Adoption of Tobacco Retail License Fee
Linda Shale, Senior Code Enforcement Officer, presented the item.

Mayor Meyer opened the public hearing.

The following individuals spoke in opposition of the item as presented:

Tom Tilford, Sean Boston, Ashley Freitas, Norma Hernandez, Ralph Hernandez, Eldon Price, Laura and Shadi Mamasu, Jay Thind, Harry Thind, Baljit Singh, Jonathan R., Fhab Suleiman, Connie Halbach, Solomon, Chad Lamer, Ariel Pe spoke, Marc Straud, Vick, Leigh Martin, and Ian Cohen.

7 The following individuals spoke in favor of the item:

Emily, Gabriella Castro, Celine Su, Sheel Gandril, Larry Ly, Gael Estrella, Hind Lalami, Rohan Tyagi, Zain Memon, Bob Gordon, Brian Davis, Mayra Lopez, Nysa Banerjee, Achouak Biadi, and Flora.

Council recessed at 8:35 p.m.

Council reconvened at 8:45 p.m.

There being no additional speakers, Mayor Meyer closed the public hearing.

Council recessed at 10:54 p.m.

Council reconvened at 11:19 p.m.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The City Council, by motion, directed staff to revise the Ordinance and Resolution to incorporate the following direction:

1. Allow existing Tobacco Retailers to be eligible for a Tobacco Retailers License ("TRL"), however, any existing Tobacco Retailer that is within 250 feet of a youth oriented
establishment has one year to wind down its Tobacco Product sales.

2. TRLs to be capped at 41 licenses.

3. Allow hookah lounges to operate in compliance with state law regarding shisha and local land use regulations.

4. Calculate fees based on changed provisions above.

5. Remove distance between TRL-holders as a criteria (for existing and new applicants) and remove first-come, first-serve
processing.

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)
G. BUSINESS ITEMS
G.1 Approve and Authorize the City Manager to Establish New Classifications, Abolish Obsolete classifications, and Adopt the 2024/25 Pay Schedule
Teresa Fairbanks, Interim Human Resources Director presented the item.

8 Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Approved Resolution 2025-51 authorizing the City Manager to:
1) Establish 13 new classifications, job descriptions, and salary ranges;
2) Abolish 16 obsolete classifications, job descriptions, and salary ranges; and
3) Adopt the 2024/25 Pay Schedule in accordance with 2 California Code of Regulations Section 570.5.

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)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Mayor Meyer requested that the City Council consider a discussion regarding the meeting date for the Call for Review on the Planning Commission's Decision on the Design Review for Fire Station 94.

I. ADJOURNMENT
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The City Council, by motion, adjourned the meeting at 11:40 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)

1 SPECIAL CITY COUNCIL MINUTES
July 23, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:30 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

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

D. RECESS TO CLOSED SESSION
It was moved/seconded by Mendoza /Meyer to recess to Closed Session and carried unanimously.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
E. RECONVENE IN OPEN SESSION
The Council reconvened in Open Session and Mayor Bryant called the City Council / Successor Agency meeting to order at 7:03 p.m.

1 SPECIAL CITY COUNCIL MINUTES
July 29, 2024, 6:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 6:03 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

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

D. RECESS TO CLOSED SESSION
At 6:05 p.m. it was moved/seconded by Meyer/Oerlemans to recess to closed session.

Motion carried unanimous with Mendoza, Meyer, Oerlemans, Pierson, and Bryant in favor.

D.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
D.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E. RECONVENE IN OPEN SESSION
The City Council reconvened in open session and Mayor Bryant called the City Council / Successor Agency meeting to order at 8:06 p.m.

F. REPORT ON CLOSED SESSION
There was no reportable action.

G. ADJOURNMENT
It was moved/seconded by Pierson/Oerlemans to adjourn at 8:08 p.m. and the motion carried unanimous with Mendoza, Meyer, Oerlemans, Pierson, and Bryant in favor.

1 SPECIAL CITY COUNCIL MINUTES
September 10, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:33 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

Danny Dohrmann provided comments regarding item. D.2.

Brittney Ossowski, Ashley Dermake, Heather Silfies, Monica Raposa, Jaylene Walker, Sonia Cardinale, and Beth Baldwin provided comments regarding item D.1.

There being no additional speakers, Mayor Bryant closed public comments.

D. RECESS TO CLOSED SESSION
It was moved/seconded by Mendoza/Pierson to recess to closed session at 6:01 p.m.

Motion passed unanimously.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
D.2 CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION E. ADJOURNMENT
Council reconvened in Open Session with nothing to report out from Closed Session.

Mayor Bryant called the City Council / Successor Agency meeting to order at 8:15 pm.

1 SPECIAL CITY COUNCIL MINUTES
September 24, 2024, 6:00 p.m.

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

Roll Call found the following members present; Meyer, Oerlemans, and Mayor Bryant.

Council Members Mendoza and Pierson were absent.

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

Danny Dohrmann provided comments regarding item D.1.

There being no additional speakers, Mayor Bryant closed public comments.

D. RECESS TO CLOSED SESSION
At 6:05 p.m. it was moved/seconded by Meyer/Oerlemans to recess to Closed Session.

Motion carried unanimous with Meyer, Oerlemans and Mayor Bryant in favor.

D.1 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
E. ADJOURNMENT
The Council reconvened in Open Session with nothing to report out from Closed Session.

Mayor Bryant called the City Council / Successor Agency meeting to order at 7:07 p.m.

1 SPECIAL CITY COUNCIL MINUTES
October 15, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:30 p.m.

Roll Call found the following members present; Mendoza, Pierson, Oerlemans, and Mayor Bryant.

Vice Mayor Meyer was absent.

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

Danny G., Rebecca Mares, and Savannah Evoniuk submitted emails of concern regarding labor negotiations to the City Clerk's office in advance of tonight's meeting.

Luke Santos, Sonia Cardinale, Monica Raposa, Jennifer Hagen, Nicole Zanotelli, Jaylene Walker, Daniel Efting, Amanda Chaney and Cydrice DeBray provided comments relating to item D.1.

There being no additional speakers, Mayor Bryant closed public comments.

D. RECESS TO CLOSED SESSION
It was moved/seconded by Mendoza/Pierson to recess to Closed Session at 6:05 p.m.

Motion carried unanimous with Mendoza, Oerlemans, Pierson and Mayor Bryant in favor.

Mayor Bryant stated that reportable action, if any, would be reported out at the next regularly scheduled City Council meeting and that Council would adjourn from Closed Session so as not to interfere with tonight's Planning Commission Meeting.

D.1 CONFERENCE WITH LABOR NEGOTIATORS

1 SPECIAL CITY COUNCIL MINUTES
November 12, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:30 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

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

D. RECESS TO CLOSED SESSION
At 5:33 p.m. it was moved/seconded by Mendoza/Pierson to recess to Closed Session.

Motion carried unanimous with Mendoza, Meyer, Oerlemans, Pierson and Mayor Bryant in favor.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
D.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
D.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
E. ADJOURNMENT
The City Council reconvened in Open Session with Mayor Bryant stating there was nothing to report out from Closed Session.

Mayor Bryant called the City Council / Successor Agency meeting to order at 7:05 p.m.

1 SPECIAL CITY COUNCIL MINUTES
December 10, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:30 p.m.

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

Council Members Mendoza and Pierson were absent.

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

C. PUBLIC COMMENTS
Mayor Bryant opened public comments.

There being no one wishing to speak, Mayor Bryant closed public comment.

D. RECESS TO CLOSED SESSION
At 5:32 p.m. it was moved/seconded by Oerlemans/Meyer to recess to Closed Session.

Motion carried unanimous with Meyer, Oerlemans and Mayor Bryant in favor.

D.1 CONFERENCE WITH LEGAL COUNSEL- THREATENED LITIGATION D.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E. ADJOURNMENT
Council reconvened in Open Session at 6:43 p.m.

Mayor Bryant stated there was nothing to report out from Closed Session.

It was moved/seconded by Meyer/Oerlemans to adjourn at 6:44 p.m.

Motion carried unanimous with Meyer, Oerlemans and Mayor Bryant in favor.

PROCLAMATION
WHEREAS, older adults are valuable members of our community who deserve to age with dignity, respect, and security, free from abuse, neglect, and exploitation; and
WHEREAS, elder abuse is a widespread and underreported issue that affects people of all backgrounds, threatening the well-being of individuals and families throughout our nation; and
WHEREAS, the City of Brentwood is committed to promoting public awareness, supporting prevention efforts, and encouraging action to protect and empower older adults; and
WHEREAS, the 2025 theme, “Be Bold – Age with Attitude,” calls upon individuals and communities to challenge ageism, uplift the voices of older adults, and take bold steps to ensure their safety and independence; and WHEREAS, by raising awareness and fostering a culture of respect, we can help end elder abuse and support healthy, engaged aging for all members of our society.

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

ELDER ABUSE AWARENESS MONTH
and encourage all residents to learn the signs of elder abuse, support prevention initiatives, and celebrate the strength and resilience of our older population.

Dated this 27th day of May, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, the health and safety of all Brentwood residents is a top priority for the City and essential to maintaining a thriving, resilient community; and WHEREAS, preventable injuries are a leading cause of emergency room visits and lost productivity across the nation, impacting individuals and families physically, emotionally, and financially; and
WHEREAS, public awareness and education about injury prevention can significantly reduce accidents in homes, workplaces, schools, and on roadways; and
WHEREAS, National Safety Month, observed each June, is a time to promote proactive efforts by individuals, employers, and organizations to create safer environments; and
WHEREAS, the 2025 theme, “Injury Prevention,” emphasizes the importance of taking simple, everyday actions to reduce risk and protect lives throughout our community.

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

NATIONAL SAFETY MONTH
and encourages all residents, schools, and businesses to join in promoting safety awareness and practices that prevent injuries and save lives.

Dated this 27th day of May, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, the City of Brentwood celebrates and supports the diversity, dignity, and resilience of the LGBTQ+ community; and WHEREAS, the theme of Pride 2025, “Rise Up: Pride in Protest,” honors the legacy of resistance that sparked the modern LGBTQ+ rights movement and reminds us that Pride began as a protest against injustice and discrimination; and
WHEREAS, LGBTQ+ individuals continue to face barriers to equality, safety, and full participation in civic life, and it is the responsibility of communities like ours to speak out and act in solidarity; and WHEREAS, Brentwood is committed to fostering an inclusive and welcoming environment for all residents regardless of sexual orientation, gender identity, or gender expression; and
WHEREAS, through visibility, advocacy, and protest, we uplift the voices of those too long silenced, and recommit ourselves to the pursuit of justice and equality for all.

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

PRIDE MONTH
and encourages all residents to reflect on the progress achieved through protest and the work that remains, and to stand together in unity and pride.

Dated this 27th day of May, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, John Marsh was a pioneering figure in California history, recognized as one of the state’s earliest American settlers and advocates for public education and statehood; and
WHEREAS, Marsh’s historic home, the John Marsh House, located in Brentwood, remains a vital symbol of early California architecture and heritage; and
WHEREAS, his contributions to agriculture, diplomacy with Native American tribes, and the development of Contra Costa County are enduring and significant; and
WHEREAS, local organizations and residents continue to honor and preserve his legacy through education, restoration, and community engagement; and
WHEREAS, the City of Brentwood values the importance of historical remembrance and civic pride through the celebration of influential figures who shaped our region.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood do hereby proclaim June 5, 2025 as

JOHN MARSH DAY
and encourages all residents to join in recognizing the lasting impact of John Marsh on our community and beyond.

Dated this 27th day of May, 2025
Susannah Meyer, Mayor

CITY COUNCIL AGENDA ITEM NO. E.7
05/27/2025
SUBJECT: GANN Limit
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Sonia Agostini, Accounting Manager
Clarissa Domen, Accountant II

TITLE/RECOMMENDATION
Approve a resolution adopting the 2025/26 Proposition 4 (1979) Appropriations Limit, or GANN Limit, using the change in State per capita income factor of 6.44% as the cost-of-living factor and the change in the City population factor of 0.603% to calculate the Limit.

FISCAL IMPACT
None.

BACKGROUND
Article XIIIB of the California State Constitution, more commonly referred to as the GANN Initiative, was approved via Proposition 4 by California voters on November 6, 1979. The goal of the GANN Limit (“Limit”) was to slow the expenditure growth of governments in California. Under the Limit, a maximum cap was established for the amount of proceeds of taxes that state and local governmental agencies can appropriate each fiscal year. That cap was to be adjusted each year depending on changes in population and inflation. The Limit does not apply to enterprise funds or bond issues. The City is legally required to adopt a Limit prior to each fiscal year.

The Limit represents a cap on City expenditures that are funded by taxes. Since the General Fund is the primary recipient of tax revenue, a rough estimate of the City expenditures funded by taxes can be calculated by summing all tax revenue (property tax, sales tax, etc.) that the General Fund receives. The sum of these taxes is then compared to the Limit, and the City would not be permitted to receive and spend tax revenues in excess of the Limit amount.

The Limit is based on actual appropriations during the 1986/87 fiscal year, and is increased each year using the growth of population and inflation. In June 1990, the voters approved Proposition 111, which provided new adjustment formulas that makes the Limit more responsive to local growth issues by using a change in State

CITY COUNCIL AGENDA ITEM NO. E.7
05/27/2025
per capita income or a change in non-residential new construction instead of inflation.

The annual adjustment made to the Limit is based on a formula which includes the following factors:

Change in City
population
or Change in population for
the entire County
AND
Change in State per
capita income
or Change in non-residential
new construction
Typically, an agency selects the factors that provide for the largest growth in the Limit. For the calculation of the 2025/26 Limit, the percentage change in the City’s population, with an increase of 0.603% is used, as it provides a greater Limit. The change in the County’s population decreased by 0.002%. Population estimates have been provided by the California Department of Finance.

Article XIIIB specifies that local jurisdictions select their cost-of-living factor to compute their Appropriation Limit by vote of their governing body. The two allowable factors are the change in State per capita income, which saw an increase of 6.44%, and the change in non-residential new construction as a percentage of the total taxable value increase of the City, which saw an increase of 2.23%. The cost of living factor used for the 2025/26 calculation is the change in State per capita income, as it provides for a greater Limit. Using the percentage change in State per capita income and the percentage change in City population generates the following 2025/26 Appropriation Limit:

CITY COUNCIL AGENDA ITEM NO. E.7
05/27/2025
The current FY 2025/26 appropriations subject to the limit totals $81,033,304, which is well below the calculated Limit.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
See attachment 1 – Previous Action.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Request staff return with additional information.

2. Do not approve a 2025/26 appropriations limit. The Limit would not be available for review during the annual financial audit as required by Article XIIIB of the California State Constitution.

ATTACHMENT

1. Previous Action

2. Resolution
$118,161,019
65,353
65,747

0.603%
-0.002%

6.44%

2.23%

1.070818332
$126,528,985
California Per Capita Personal Income
City Population in January 2024*
Appropriations Limit for Fiscal Year 2024/25
Article XIII (B) Appropriations Limit for the City of Brentwood For Fiscal Year 2025/26
* January 2024 population amount was revised by the State in 2025. The population included in the FY 2024/25 GANN limit calculation, as reported by the State, was slightly lower at 64,811.

City Population in January 2025
Percentage Increase in Population - City of Brentwood
Appropriations Limit for Fiscal Year 2025/26
Change in non-residential new construction
Factor to be applied to Prior Year
(1 + Population Factor) x (1 + Per Capita Factor)
Percentage Decrease - Contra Costa County

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 25, 2024, the City Council approved Resolution 2024-69, adopting the 2024/25 Proposition 4 (1979) Appropriations Limit.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING THE 2025/26 PROPOSITION 4

APPROPRIATION LIMIT USING THE CHANGE IN THE STATE
PER CAPITA INCOME OF 6.44% AS THE COST-OF-LIVING

FACTOR AND THE CHANGE IN CITY POPULATION FACTOR OF

0.603% TO CALCULATE THE LIMIT
WHEREAS, on June 25, 2024, the City Council approved Resolution No. 2024- 69, adopting the 2025/26 Proposition 4 Appropriations Limit; and WHEREAS, the California Department of Finance staff have notified the City of the change in the California per capita personal income and the change in the local assessment roll due to nonresidential construction, from which the City has the option to use the greater percentage change, which change is an increase of 6.44% in California per capita personal income; and
WHEREAS, the Department of Finance staff have notified the City of the change in population of the City and the entire Contra Costa County, in which the City has the option to use the greater percentage change, which change is an increase of 0.603% for the City population for the prior calendar year; and WHEREAS, pursuant to California Constitution Article XIIIB, Section 1 and Government Code sections 7900, et seq., and pursuant to the guidelines set forth by Proposition 111, the City appropriations limit must be adjusted for changes from the base year of 1986/87 to the fiscal year ending June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood adopts the Appropriations Limit for the City of Brentwood for fiscal year ending June 30, 2026 of $126,528,985, using the change in State per capita income of 6.44% as the cost-of-living factor and the change in the City population factor of

0.603% to calculate the Limit.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of May 2025 by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.8
05/27/2025
SUBJECT: Award an Agreement for civil engineering services with Freyer & Laureta, Inc. for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411
DEPARTMENT: Public Works Department
STAFF: Casey Wichert, Director of Public Works
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for civil engineering services with Freyer & Laureta, Inc. (“F&L”) in the amount of $99,900, plus funding authorization for a 10% contingency of $9,990, for a total not-to-exceed funding authorization amount of $109,890, for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (“Project”).

CEQA work is ongoing and will be done concurrently with the design process.

FISCAL IMPACT
The total not-to-exceed agreement amount for engineering design services of $99,900, plus funding authorization for a 10% contingency of $9,990, results in a total funding authorization of $109,890.

The funds for this Project are included in the amended 2024/25 - 2028/29 Capital Improvement Program (“CIP”) with an approved budget of $535,000, funded by the Water Enterprise Fund.

BACKGROUND
The City of Brentwood (“City”) water distribution system consists of six storage tanks, three pressure zones, six booster pump stations, and miles of water main located throughout the City.

The residences within the Summerset I and Apple Hill neighborhoods of the City are currently served by Zone 1 pressure zone (“Zone 1”) with an interconnection to the Zone 2 pressure zone (“Zone 2”) through pressure-reducing valves to provide

CITY COUNCIL AGENDA ITEM NO. E.8
05/27/2025
sufficient flow and pressure during periods of peak water service demand. During peak demand periods, Zone 2 supplements water flow to Zone 1 utilizing pump stations generating higher energy costs for the City.

The City seeks to switch water service for the Summerset I and Apple Hill neighborhoods from Zone 1 to Zone 2 through a reduced pressure zone which will be called “Zone 2 – Reduced”. This would include isolating and disconnecting the current Zone 1 system, adding pressure reducing stations and ancillary equipment such as pumps, valves, and other equipment, with enough capacity to provide sufficient flow as required by the residences, as well as capacity for fire flow demands.

Staff prepared a Request for Proposals (“RFP”) and advertised it on April 4, 2025 with proposals due on April 24, 2025. The City received only one proposal, from F&L.

Staff reviewed the proposal based on the evaluation criteria included within the RFP, including the firm’s availability, design staff, and cost proposal. Based on the evaluation criteria, staff recommends approval of the agreement for civil engineering services with F&L for a total not-to-exceed funding authorization amount of $109,890 for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1, Water, Wastewater, and Solid Waste Services, Goal 2.b Ensure adequate water supply by expanding water treatment, storage, and distribution infrastructure.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
CEQA work is ongoing and will be done concurrently with the design process. A determination is expected to be brought to the City Council during the awarding of an agreement for construction.

CITY COUNCIL AGENDA ITEM NO. E.8
05/27/2025

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement for Civil Engineering Services

4. CIP Budget Sheet

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 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25- 2028/29 Capital Improvement Program (“CIP”), which included the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411.

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 AN AGREEMENT FOR
CIVIL ENGINEERING SERVICES WITH FREYER & LAURETA, INC.

IN THE AMOUNT OF $99,900, PLUS FUNDING AUTHORIZATION
FOR A 10% CONTINGENCY OF $9,990, FOR A TOTAL NOT-TOEXCEED FUNDING AUTHORIZATION AMOUNT OF $109,890, FOR THE ZONE 2 REDUCED WATER PRESSURE ZONE PROJECT, CIP
PROJECT NO. 562-56411
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25-2028/29 Capital Improvement Program (“CIP”), which included the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (“Project”); and
WHEREAS, the City of Brentwood (“City”) water distribution system consists of six storage tanks, three pressure zones, and six booster pump stations, all located within the City limits; and
WHEREAS, the residences within the Summerset I and Apple Hill neighborhoods of the City are currently served by Zone 1 pressure zone (“Zone 1”) with an interconnection with the Zone 2 pressure zone (“Zone 2”) through pressurereducing valves to provide sufficient flow and pressure during peak high demand periods; and
WHEREAS, during peak demand, Zone 2 supplements flow to Zone 1 utilizing pump stations generating higher energy costs for the City; and WHEREAS, the City seeks to isolate/disconnect the mains, valves, and ancillary equipment serving residences in the Summerset I and Apple Hill neighborhoods from the Zone 1 and serve them through Zone 2 with reduced pressure, “Zone 2 – Reduced” pressure zone. This would include pressure reducing stations and ancillary equipment such as, pumps, valves, and other equipment, with enough capacity to provide sufficient flow as requires by the residences, as well as capacity for fire flow demands; and
WHEREAS, staff prepared a Request for Proposals (“RFP”) and advertised it on April 4, 2025 with proposals due on April 24, 2025; and WHEREAS, the City received only one proposal, from Freyer & Laureta, Inc. (“F&L”); and
WHEREAS, staff reviewed the proposal based on the evaluation criteria included within the RFP, including the firm’s availability, design staff, and cost

proposal. Based on the evaluation criteria, staff recommended approval of an agreement for civil engineering services with F&L for this Project; and WHEREAS, staff recommends authorizing the City Manager or designee to execute an Agreement for civil engineering services with F&L in the amount of $99,900, plus funding authorization for a 10% contingency of $9,900, for a total notto-exceed funding authorization amount of $109,890 for the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the City Manager or designee to execute an Agreement for civil engineering services with F&L in the amount of $99,900, plus funding authorization for a 10% contingency of $9,900, for a total not-to-exceed funding authorization amount of $109,890 for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of May 2025 by the following vote:

City Attorney Approved Version 040821 1

AGREEMENT FOR CIVIL ENGINEERING SERVICES
Freyer & Laureta, Inc.

THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 2025 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Freyer & Laureta, Inc., a S-Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (the “Project”).

B. Consultant has the necessary license, professional skills and experience necessary to perform the civil engineering services described in this Agreement, and as further described in Exhibit A to this Agreement (“Exhibit A”), and in the City’s Request for Proposals for Civil Engineering Services for the Project, dated April 4, 2025 (“RFP”), attached as Exhibit B, both of which exhibits are incorporated herein.

C. City desires to engage Consultant to provide these civil engineering services by reason of its qualifications and experience in performing such services.

D. Consultant has submitted a proposal to City, dated April 24, 2025 (“Proposal”), attached as Exhibit C and incorporated herein, in response to the City’s RFP, and has affirmed its willingness and ability to provide such civil engineering services 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. Definitions. The following definitions apply to the body of this Agreement and Exhibit A unless otherwise indicated. Defined terms are capitalized in the Agreement with the exception of the words “day” and “including.”

1.1 Additional Services means civil engineering services in addition to the Basic Services, which are provided pursuant to the City’s written request or prior written authorization.

1.2 Basic Services means those civil engineering services necessary for design and construction of the Project, as specified in Exhibit A and in the RFP and Proposal.

1.3 Change Order means a written document approved and signed by the City after execution of the Construction Contract, which changes the scope of Work, the Construction Contract Price, or the Construction Contract Time.

1.4 City Engineer means the current or acting City Engineer and Director of Public Works for the City of Brentwood or his or her authorized delegee.

1.5 Construction Contract means the signed agreement between the City and Contractor, which includes and incorporates the Construction Documents.

1.6 Construction Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Construction Contract.

1.7 Construction Contract Time means the time within which the Contractor is required to perform the Work, as set forth in the Construction Contract and as may be amended by Change Order.

City Attorney Approved Version 040821 2

1.8 Construction Documents means all of the documents that are prepared following approval of the Design Development Documents for bidding and construction of the Project, as further detailed in Exhibit A.

1.9 Contractor means the individual, partnership, corporation, or other entity which has signed the Construction Contract with the City to perform the Work. “Contractor” includes the Contractor’s subcontractors, unless the context indicates otherwise.

1.10 Day means a calendar day unless otherwise specified.

1.11 Design Development Documents means detailed documents which are prepared following approval of the Schematic Design Documents, as further detailed in Exhibit A.

1.12 Design Documents means, collectively, the plans, drawings and specifications prepared or provided by the Consultant for the Project at all design stages, including Schematic Design Documents, Design Development Documents and Construction Documents.

1.13 Including, whether or not capitalized, means “including; but not limited to” unless the context requires otherwise.

1.14 Project Manager means the City employee or representative with primary responsibility for overseeing design and construction of the Project and who will be Consultant’s sole point of contact for the City unless otherwise stated. The Project Manager for this Project is Vatsal Patel.

1.15 Project Schedule means the detailed schedule developed by the Consultant, and subject to the City’s approval, for design and construction of the Project, based on the Proposed Project Schedule provided in Exhibit A.

1.16 Proposed Project Schedule means the proposed Project schedule provided by the City in Exhibit A to this Agreement.

1.17 Rate Schedule means the schedule listing the hourly rates for Consultant’s staff and rates for costs associated with providing the Services. The Rate Schedule is included in the Proposal.

1.18 Schematic Design Documents means preliminary drawings and related documents showing the Project’s basic components, scale and location, as further detailed in Exhibit A.

1.19 Services means all civil engineering and related services required under this Agreement, including all Basic Services and any authorized Additional Services.

1.20 Work means the Contractor’s construction and services necessary or incidental to constructing the Project in conformance with the requirements of the Construction Documents.

2. Scope of Services. Consultant, acting in its capacity as a civil engineer licensed under California law, will provide the Basic Services necessary to design and construct the Project in accordance with the City’s requirements, as set forth in Part One – Scope of Services in Exhibit A, and will provide those Additional Services, if any, as requested and authorized in writing by the City.

3. Personnel and Subconsultants. 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 Agreement by all of its employees and consultant, if any, and will keep the Services under its control. On demand of City, if any employee or 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.

City Attorney Approved Version 040821 3

3.1 Consultant’s Key Personnel. The Consultant’s key personnel assigned to this Project, as specified in Consultant’s Proposal, may not be changed without the prior written approval of the City.

Consultant must promptly notify the City in writing of any changes or proposed changes to the key personnel identified in the Proposal (or subsequently approved by the City), and of any changes to the contact information (telephone and email) for any key personnel.

3.2 Consultant’s Principal Representative. Consultant’s principal representative assigned to this Project is Jeffrey Tarantino, Executive Vice President, who will have full authority from Consultant to receive and act on instructions from the City.

3.3 Subconsultants. Consultant may not engage the services of any subconsultant for this Project, including, but not limited to, firms or individuals providing specialized architectural or engineering services, without obtaining the City’s prior written approval. The City’s approval must not be deemed to create any contractual relationship between the City and any such subconsultant, except that the City must be considered a third party beneficiary of such services for the Project. Consultant must bind its subconsultants in the same manner as Consultant is bound to the City under this Agreement, including, but not limited to, the insurance and indemnity requirements.

3.4 Warranty of Qualifications. Consultant warrants and represents that Consultant, its personnel, and its subconsultants are each duly qualified, licensed, and authorized by law to perform the civil engineering and related services required under this Agreement.

4. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special civil engineering skills and experience to do and perform the Services.

The Services provided by Consultant pursuant to this Agreement must, at all times, meet or exceed the standard of care applicable to experienced, licensed civil engineers performing similar work in the area in which the Project is located. Similarly, the Services provided by any subconsultant must meet or exceed the standard of care applicable to others practicing in the subconsultant’s field and performing similar work in the area in which the Project is located. The acceptance of the Services by City does not release Consultant from these obligations.

5. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

6. Schedule.

6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule 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.

6.2 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.

7. Compensation.

7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of Ninety Nine Thousand Nine Hundred dollars ($99,900), including authorized expense reimbursements, or as otherwise specified in Exhibit A. Any authorized Additional Services will be paid for based on the Rate Schedule. No other

City Attorney Approved Version 040821 4
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.

7.2 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.

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

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

8. Status of Consultant.

8.1 Consultant will perform the Services in Consultant's own way, by controlling the manner and means of the work City needs completed, and pursuant to this Agreement as an independent contractor and 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.

8.2 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 subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subconsultants. 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 subconsultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

9. 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 his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, 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 subconsultant of Consultant and City.

Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant 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.

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

11. 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 (collectively, “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 caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or termination of this Agreement with respect to any Liability arising from or caused during the term of the Agreement.

City Attorney Approved Version 040821 5

12. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subconsultants. 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."

12.1 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.

12.1.1 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.

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

12.1.3 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.

12.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The professional liability insurance must include prior acts coverage.

12.2 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 certificates of insurance and endorsements to City.

12.3 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.

12.4 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.

12.5 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.

City Attorney Approved Version 040821 6

12.6 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.

12.7 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.

12.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

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

14. 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.

15. Ownership of Documents.

15.1 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.

15.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

16. 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.

17. 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.

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

City Attorney Approved Version 040821 7
For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5307
Attn: Vatsal Patel
Email: [email protected]
For Consultant:

Name: Freyer & Laureta, Inc.

Title: Executive Vice President
Address: 150 Executive Park Boulevard,
Suite 4200
Phone No.: (415) 534-7070
Attn: Jeffrey Tarantino
Email: [email protected]
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.

19. Conflicts of Interest.

19.1 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 subconsultants will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

19.2 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.

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

21. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant and Subcontractors 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.

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

23. 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

City Attorney Approved Version 040821 8
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.

24. 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.

25. 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.

26. 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.

27. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

28. 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.

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

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

31. Entire Agreement and Order of Precedence. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the

City Attorney Approved Version 040821 9
Parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both Parties.

Notwithstanding that the RFP and Proposal are incorporated into this Agreement as Exhibit B and Exhibit C, respectively, if any provision in the Proposal or the RFP differs from or is inconsistent with the terms of this Agreement, including Exhibit A, the terms of this Agreement, including Exhibit A, will take precedence over any such differing or inconsistent provision. Likewise, to the extent any terms in the Proposal differ from or are inconsistent with the terms of the RFP, the terms of the RFP will take precedence over any differing or inconsistent terms in the Proposal

32. 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.

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

34. Signatures.

34.1 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.

34.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Printed Name: Jeffrey Tarantino
Title: Executive Vice President
** 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,

City Attorney Approved Version 040821 10
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer

City Attorney Approved Version 040821 11

AGREEMENT FOR CIVIL ENGINEERING SERVICES
Freyer & Laureta, Inc.

Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411 EXHIBIT “A”

PART ONE - SCOPE OF SERVICES

1. General. Consultant must provide civil engineering design and related services for the Project, as more particularly described in the RFP and Proposal, including and subject to the following general requirements.

1.1 Preliminary Design Conference. Within 10 days following the City’s execution of this Agreement, or as otherwise specified in Exhibit A, Consultant must attend a preliminary design conference with the Project Manager. At the request of the Project Manager, the Consultant must submit written minutes of the preliminary design conference in order to demonstrate its understanding of the Project requirements.

1.2 City Approval. Consultant may not proceed with the development of successive Design Documents, as detailed below in Section 2, until it has received written approvals from the City. Consultant must promptly review and revise the following to the City’s satisfaction, without additional compensation:
(A) Design Documents submitted for City approval and to which the City has objections; and
(B) Design Documents which have been determined by the City to present excessive cost or constructability problems.

1.3 Governmental Approval. Consultant must assist the City with obtaining the following required approvals from governmental agencies with jurisdiction over the Project:

N/A.

1.4 Consultant will control the manner and the means of the services to be provided, 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.

1.5 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. 2 Basic Services. In addition to the tasks specified in the RFP and Proposal, Consultant’s Basic Services include the following:

2.1 Project Schedule. Within 10 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary Project Schedule, based on the Proposed Project Schedule included in in Part Two, below, showing the timing and sequencing of the major design and construction phases required to complete the Project. The preliminary Project Schedule should include times for completion of all major phases of environmental procedures, if applicable; design; bidding; construction; final close out; or as otherwise specified by the Project Manager. The Project Schedule must be updated for the City Engineer’s review and approval upon completion of each major phase included in the Project Schedule.

2.2 Cost Estimate. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission

City Attorney Approved Version 040821 12
of the Schematic Design Documents, Design Development Documents, and Construction Documents, respectively. If at any time, an updated cost estimate exceeds the City’s previously approved cost estimate, Consultant must provide the City with recommendations for constructing the Project within the City’s budget.

2.3 Schematic Design Documents. Within the time specified in the approved Project Schedule, Consultant must prepare and submit for the City Engineer’s review and approval Schematic Design Documents consisting of drawings, outline specifications, and other documents showing the Project’s basic components, scale, and location on the Project site. The Schematic Design Documents must include, to the extent applicable, conceptual plans of the Project site and improvements; preliminary sections and elevations; approximate areas, volumes, and dimensions; and preliminary selections of materials and systems. The Schematic Design Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Schematic Design Documents.

2.4 Design Development Documents. Based on the approved Schematic Design Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval the Design Development Documents. The Design Development Documents must further define the Project, including drawings and outline specifications fixing and describing the Project size, character and site relationships, and other appropriate elements describing the structural, engineering, mechanical and electrical systems, as applicable. The Design Development Documents must include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, including required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Schematic Design Documents, including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule.

The Design Development Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Design Development Documents.

2.5 Construction Documents. Based on the approved Design Development Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval, and required governmental agency approval(s), if applicable, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and technical specifications that comply with all applicable codes, laws, ordinances and regulations in effect at the time of their preparation at the location of the Project, and as further specified in the RFP. The Construction Documents must be submitted to the City Engineer in electronic form, ready to be added to the front end documents, which will be prepared by the City using the City’s approved front end documents. When submitting the Construction Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Design Development Documents including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule. The Construction Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Construction Documents.

2.6 Bidding Phase Services. Consultant must assist the City during the bidding phase, including, if applicable, prequalification of bidders; conducting pre-bid meetings or site walks; issuance of addenda; bid review; and review of bid protests. If the lowest responsive bid exceeds the final approved construction cost estimate by 25 percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant

City Attorney Approved Version 040821 13
must, at no additional cost to the City, work with the City to make the modifications to the Construction Documents to reduce the cost of construction so as not to exceed the previously approved construction cost estimate by more than the stated additional percentage.

2.7 Construction Phase Services. During the Construction Phase the Consultant must provide the following services to the City, as more particularly specified in Exhibit A:
(A) General administration of the Construction Contract including:
review and advise the Project Manager as to the accuracy and reasonableness of Contractor’s schedule of values; coordinate the Project Schedule with the Contractor’s Work schedule; provide prompt and complete responses to Contractor’s requests for information; and coordinate efforts with the Project Manager to ensure the Project is completed in a timely, cost-effective manner, consistent with the City’s requirements. (B) Ongoing design services as needed, including: interpretations and clarifications of the Construction Documents provided by the Consultant; and preparation of design details for Change Orders, as needed for the proper execution and progress of the Work and consistent with the intent of the approved Construction Documents. (C) Consultant must timely review Contractor’s design-related submittals, including shop drawings, product data and samples, and issue written approvals of and/or recommendations to the City within ten days of receipt of each such submittal, unless additional time is required based on the nature of the submittal, in which case the review must be completed as soon as practicable under the circumstances. Consultant must check the submittals for compliance with the approved Construction Documents.

Consultant’s review must not extend to the Contractor’s means, methods, techniques, sequences, or procedures, unless such have previously been specified in the Construction Documents.
(D) Consultant must assist the Project Manager in evaluating whether to recommend approval of requests for changes in the Work, and, if applicable, must assist with preparing proposed Change Orders.
(E) Consultant must visit the Project site at intervals sufficient to monitor the progress and quality of the Work and to determine whether the Work is proceeding in conformance with the Construction Documents. Following each Project site visit, Consultant must promptly provide the Project Manager with a written report of Consultant’s observations and recommendations, if any. If Consultant becomes aware of any defects or deficiencies in the Work, Consultant must provide prompt notice to the Project Manager, followed by written confirmation of that notice. If, in Consultant’s opinion, special testing or inspection of the Work is needed, Consultant must recommend appropriate procedures and consultants to the City. Consultant is not responsible for Contractor’s safety precautions and programs.

However, if Consultant has knowledge of safety violations, Consultant must give prompt notice to the City of such violations.
(F) Consultant must assist the City in evaluating the Contractor’s payment applications in accordance with the Construction Documents. Based on on-site observations and review of other relevant information, Consultant must evaluate whether the Work has progressed to the point indicated in the payment application. Consultant’s review must include review of the status of the Contractor’s record drawings. (G) Consultant must attend meetings with the Project Manager and Contractor(s) prior to and during construction as follows: Monthly or after each milestone as described in the Project Schedule.

City Attorney Approved Version 040821 14
(H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as specified: Monthly or part of each progress payment submittal.
(I) Consultant must conduct inspections reasonably necessary to determine whether Contractor has achieved final completion of the Work in accordance with the Construction Contract, and must prepare a list of items to be completed or corrected (the “punch list”), including estimates of the cost for the City to correct or complete each punch list item, as well as required final submittals (e.g., warranties, manuals, as-built drawings, etc.) in order to achieve final completion.

2.8 Close Out and Post-Construction Services
(A) Consultant must promptly perform all tasks reasonably necessary for Project close out. If requested, Consultant must provide the City with a color schedule of all finished materials incorporated into the Project.
(B) If requested by the City, Consultant must make up to two (2) visits to the Project site during the warranty period to advise the City on the need for warranty work. (C) All Project plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, must be and remain the property of the City for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the Project. The City reserves the right to use the Construction Documents, record drawings, or estimates related to the Project for the purposes of additions, alignments, or other development on or near the site or elsewhere in the City. Nothing in this provision is intended to transfer or waive Consultant’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless transferred or waived in writing by Consultant. Notwithstanding the foregoing, if the City proposes to reuse the Construction Documents, in whole or in part, the City and Consultant will specify the terms and conditions for the reuse in this Agreement by an amendment or addendum.

3. Additional Services. If not expressly included in Basic Services, as specified above or in RFP or the Scope of Services in Exhibit A, the following services must be provided by Consultant and will be paid for as Additional Services, subject to prior written authorization by the City:

3.1 Investigation of financing or other special studies to determine the financial feasibility of the Project.

3.2 Consultations, negotiation, and the like for procurement of Project financing.

3.3 Investigation of or measured drawings of existing conditions or improvements or verification of the accuracy of the City-provided drawings or other information on existing conditions.

3.4 Surveys, site evaluations, or legal descriptions.

3.5 Soils, subsurface and environmental studies, reports and investigations required by outside agencies with jurisdiction over the Project.

3.6 Revisions to the City-approved Construction Documents which are required due to circumstances outside of Consultant’s control.

City Attorney Approved Version 040821 15

3.7 Design, coordination, management, expediting and other services for the procurement of materials to be obtained or work to be performed by the City, including, but not limited to technology or other specialty systems which are not otherwise required by this Agreement.

3.8 Estimates, appraisals, consultations, and related services required for the repair or replacement of an insured loss.

3.9 Preparing for or providing expert witness services or participation in out-ofcourt dispute resolution in connection with any Project-related dispute or adversarial proceeding to which the Consultant is not a party, or potential party.

3.10 Out of town travel in connection with the Services, other than travel between Consultant’s office, the City’s offices, and the Project site.

3.11 The City-requested services which are not included in Basic Services and are not customarily provided as part of generally accepted civil engineering design services for this type of project and the region in which the Project is located.

3.12 Extended services required by non-performance, suspension, termination, or default of the Contractor in the performance of the Work, through no fault of Consultant.

3.13 Preparation of special models, renderings or mock-ups, which are not included in Basic Services.

3.14 Other services as agreed to by the Parties as set forth in written amendment or addendum to this Agreement.

4. References. Consultant’s Services, including preparation of the Design Documents, should be informed and guided by the information or requirements included in the Request for Proposal, attached as Exhibit B.

PART TWO - PROPOSED PROJECT SCHEDULE
Release of RFP April 4, 2025
Proposal Due Date April 24, 2025
Design Contract Award May 27, 2025
Completion of Final Bid Set Documents July 2025
Advertising and Bidding July 2025
Construction Contract Award August 2025
Construction Completion February 2026

City Attorney Approved Version 040821 16

AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”

REQUEST FOR PROPOSALS
City of Brentwood
Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411

ENGINEERING DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Phone 925.516.5420 Fax 925.516.5421
www.brentwoodca.gov
April 4, 2025
To: All Interested Civil Engineering Firms
Subject: Request for Proposals for Civil Engineering Services for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411
The City of Brentwood (“City”) invites civil engineering firms to submit their proposals to provide engineering and related services (“Services”) for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (“Project”).

The City’s water distribution system consists of six storage tanks, three pressure zones, and six booster pump stations, all located within the City limits.

The residences within the Summerset I and Apple Hill neighborhoods of the City are currently served by Zone 1 pressure zone (Zone 1) with an interconnection with the Zone 2 pressure zone (Zone 2) through pressure-reducing valves to provide sufficient flow and pressure during peak high demand periods. During peak demand, Zone 2 supplements flow to Zone 1 utilizing pump stations generating higher energy costs for the City.

The City seeks to isolate/disconnect the mains, valves, and ancillary equipment serving residences in the Summerset I and Apple Hill neighborhoods from the Zone 1 and serve them through a Zone 2 with reduced pressure, “Zone 2 – Reduced” pressure zone, which would include pressure reducing stations and ancillary equipment such as, pumps, valves, etc., with enough capacity to provide sufficient flow as requires by the residences, as well as capacity for fire flow demands.

Proposals shall be presented in accordance with the specified Request for Proposals Requirements set forth herein. Supplementary material such as resumes, exhibits and other documentation may also be submitted as an appendix to the proposal.

If you are interested in submitting a proposal, please submit a complete proposal to [email protected] no later than 4:00 p.m., Thursday, April 24th.

Questions should be e-mailed to me directly at [email protected] no later than Wednesday, April 16, 2025. Answers to questions will be shared with all firms that have obtained the RFP document.

Selection of the civil engineering firm to perform civil engineering and related services within the City will be based upon the criteria outlined in the attached RFP Requirements. Cost proposals should be fully inclusive of all costs to provide the Services, including hourly billing rates, all labor, materials, equipment, supplies, and the insurance required.

Civil engineering and related services are subject to change depending on City needs and in some cases funding availability. This solicitation does not commit the City to pay any costs incurred in the preparation and presentation of proposals or to select any firm that responds. This solicitation covers only the possible type of work described herein and does not commit the City to any work beyond that described.

The City encourages contracts with local, race neutral, minority and woman-owned businesses and disadvantage business enterprises.

The selected civil engineering firm shall enter into an engineering services agreement with the City, a draft of which is attached as “Attachment B – Draft Engineering Services Agreement.” Sincerely,
Vatsal Patel
Engineering Manager
Enclosures: RFP Requirements
Attachment A – Scope of Services
Attachment B – Draft Engineering Services Agreement

RFP REQUIREMENTS

FOR CIVIL ENGINEERING SERVICES

CITY OF BRENTWOOD
Proposals should convey the firm’s approach to the work, ability to provide the services listed in the Request for Proposal, qualifications, examples of their experiences on similar projects, and key personnel that are being requested the City of Brentwood (“City”).

Proposals will be reviewed by City of Brentwood (“City”) staff and evaluated based upon relative ranking in each area as outlined below. It is not anticipated that interviews will be conducted with representatives of the selected firms; however, if it is later determined that interviews are necessary; each firm will be contacted to schedule an interview prior to the final selection being made. Relative weighing of selection criteria is indicated below.

EVALUATION CRITERIA
The following criteria will be used in evaluating proposals:

1. Firms’ Availability and Qualifications (25%): Include overall capabilities of the firm’s organization, firm’s history of recent related experience with projects of similar scope and challenges, appropriate licensing including any specified certifications and other outstanding qualifications.

2. Key Personnel (25%): Provide experience and qualifications of key personnel involved on the Project. Two (2) page resumes (maximum) for each key personnel can be included in the appendix.

3. Cost Proposal (50%): Provide a detailed price proposal that is fully inclusive of all costs to provide the Services, including hourly billing rates, all labor, materials, equipment, supplies, and the insurance required.

REQUIRED PROPOSAL FORMAT
A. Letter of Transmittal (1 page): Identify the primary contact person for this contract, proposed key personnel and a summary of firm’s experience and qualifications.

B. Subcontractors (1/2 page): If any portion of the work is to be done by a subcontractor, please attach a list with the subcontractor’s business name, address, phone number, and briefly describe what portion of the work the subcontractor will do. All subcontractors must be pre-approved by City in writing before performing any work. No substitution of approved subcontractors shall be allowed without the expressed written permission of City.

C. Proposal Approach (12 pages): Describe how the firm will meet the City’s design needs in the following areas:

1. Firm’s Qualifications (2 pages): Provide your firm’s brief history, office locations, business contact information, staff availability, project organizational chart and chosen subconsultants on the project team. Provide brief description about what portion of the work is done or led by whom.

RFP REQUIREMENTS

FOR CIVIL ENGINEERING SERVICES

2. Project Team (1 page): Provide a brief bio of key personnel showing their project experiences, credentials, achievements and leadership role on the project. List key personnel assigned to each tasks or subtasks.

3. Project Experience (3 pages): Provide up to five (5) recent projects that your firm has directly been involved in the planning, design and/or construction phases of a similar project. Include project team, design and construction budgets, schedule of completion, and client references for each project example.

4. Project Approach (3 pages): Describe how the firm will meet the City’s design needs in the following areas:
a) Overall Project Approach: Briefly list all of the potential project constraints, approach to resolve these constraints, schedule impacts due to these constraints, and other related issues. Describe environmental and permitting challenges that may encounter on this project.
b) Scope of Services: Show detailed breakdown of task and subtask, items included in these tasks, type of deliverables, and any assumptions required to complete the tasks. See Attachment A – Scope of Services.

5. Quality of Work (3 pages): Include an example of an 11x17 size drawing, table of content of a report and/or technical specifications of a similar project.

D. Agreement Provisions: City’s standard agreement has been provided for review as Attachment B – Sample Engineering Services Agreement. By submitting a proposal, the Respondent agrees to enter into the Agreement using the attached form with no exceptions to the form of the Agreement.

E. Conflict of Interest (1/2 page): Provide a statement of conflicts the firm may have regarding this work. The statement should not only include actual conflicts, but also any working relations that may be perceived as a conflict.

F. Claims or Litigations: Provide a statement or information on all claims and/or litigations over the past three (3) years, including any resolution/judgment/settlement information.

G. Attachments: As an appendix, please provide resumes of design staff, exhibits and/or other documentation.

Submittal should not exceed fourteen (14) pages, excluding the appendix.

RFP REQUIREMENTS

FOR CIVIL ENGINEERING SERVICES

DBE PROGRAM
City is committed to equal opportunity for local, race neutral, minority, woman-owned businesses and disadvantage business enterprises seeking to do business with City. City encourages the consideration and utilization of such firms.

ATTACHMENT A

SCOPE OF SERVICES
The City of Brentwood (“City”) invites civil engineering firms to submit their proposals to provide civil engineering and related services (“Services”) to prepare construction documents for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (“Project”).

1. BACKGROUND
The City’s water distribution system consists of six storage tanks, three pressure zones, and six booster pump stations, all located within the City limits.

The residences within the Summerset I and Apple Hill neighborhoods of the City are currently served by Zone 1 pressure zone (Zone 1) with an interconnection with the Zone 2 pressure zone (Zone 2) through pressure-reducing valves to provide sufficient flow and pressure during peak high demand periods. During peak demand, Zone 2 pressure zone supplements flow to Zone 1 pressure zone utilizing pump stations generating higher energy costs for the City.

The City seeks to isolate/disconnect the mains, valves, and ancillary equipment serving residences in the Summerset I and Apple Hill neighborhoods from the Zone 1 and serve them through a Zone 2 with reduced pressure, “Zone 2 – Reduced” pressure zone. Additionally, this would include pressure reducing stations and ancillary equipment such as, pumps, valves, etc., with enough capacity to provide sufficient flow as requires by the residences, as well as capacity for fire flow demands.

2. SCOPES OF SERVICES
The selected Consultant shall be responsible for the tasks listed below, including but not limited to:

2.1 Hydraulic Modeling
• Updating the existing hydraulic model of the City’s current system by incorporating all network infrastructure including pipes, pumps, valves, storage tanks, and any other asset to accurately represent the existing conditions.
• Performing hydraulic modeling to analyze pressures, flow rates, and potential issues in the water distribution system to assist in design, operation, and maintain the distribution system effectively and efficiently through the new “Zone 2 – Reduced” pressure zone. • Identifying any potential pressure deficiencies with the creation of the new “Zone 2 – Reduced” pressure zone especially during peak demands as well as future population growth or development.
• Designing the new “Zone 2 – Reduced” pressure zone based on pressure requirements and topography and establish target pressures for the new zone including all valves, pump stations, pipes, etc.
• Preparing a new hydraulic model to incorporate the changes in the hydraulic model to accommodate the new “Zone 2 – Reduced” pressure zone to simulate and validate the new zone provides adequate pressure and flow during normal and peak demand conditions.
• Preparing a report summarizing approach, current distribution overview, hydraulic modeling approach, proposed design changes, results, findings, and recommendations to implement the new “Zone 2 – Reduced” pressure zone.
• Preparing an implementation plan identifying the necessary infrastructure upgrades, phasing, required resources, and the testing and commissioning needed to create the new “Zone 2 – Reduced” pressure zone.

2.2 Design Development
• Provide a schedule of services timeline along with regular schedule updates are required as part of the monthly project status reports.

ATTACHMENT A

SCOPE OF SERVICES
• Participating in initial kick-off and progress meetings (as needed) during the design phase to review design, constructability, and construction cost estimates as well as comments from stakeholders.
• Assisting the City and providing its engineering recommendation on design and construction for the Project based on the hydraulic modeling and implementation plan.
• Preparing Construction Documents (Plans, Specifications, and Construction Cost Estimates) in accordance with the hydraulic modeling and implementation plan:
• Preparing 65%, 90%, 100% design submittal including plans, technical specifications, and construction cost estimates.
• It is assumed that the City would review the 65%, and 90% design plans and provide comments to guide the next design phase.
• Preparing Geotechnical Report to be used during design and support all new underground infrastructure to be constructed.
• Coordinating with all affected local agencies and utilities is essential to the success of this Project. The following is a list of the local agencies and utilities that may be affected by this Project:
• Pacific Gas and Electric (PG&E);
• AT&T;
• Comcast;
• Contra Costa County Flood Control District;
• Contra Costa Fire District Protection District; and
• City of Brentwood - sewer, potable and non-potable water, storm drain, fiber optic, SCADA, landscape, irrigation, and street lights.

2.3 Environmental Clearance
The Consultant shall assist in the preparation of a California Environmental Quality Act (CEQA) analysis. The CEQA analysis will include, but not be limited to, preparing an initial study, preparing the CEQA document, and preparing a Notice of Determination.

2.4 Bidding and Award
• Providing bidding and post-bidding support services.
• Responding to requests for information during bidding. • Preparing addenda, supplementary drawings, and revisions to the technical specifications.
• Reviewing bid proposals (if needed).
• Responding to clarifying questions from apparent low bidder.

2.5 Construction Administration
• Providing construction administration services.
• Attending and participating in the pre-construction meeting with the Contractor. • Reviewing and responding to submittals and requests for information. • Providing clarifications and revisions to the construction documents including plans and technical specifications.

ATTACHMENT A

SCOPE OF SERVICES
• Review Contractor’s cost proposal for additional work. • Participating in field visits to address issues with design, provide guidance and direction to the contractor, and perform inspections.
• Preparing and providing a stamped conformed set of issued construction documents with all addenda and plan check comments in PDF and CAD formats.

2.6 Close-out
• Participating in the punch-list walkthrough and follow up walkthroughs to ensure completeness.
• Preparing and providing a conformed set of as-built plans in PDF and CAD formats.

3. SCHEDULE AND DEADLINES
The City’s tentative schedule for the Project is as follows:

Release of RFP April 4, 2025
Proposal Due Date April 24, 2025
Design Contract Award May 27, 2025
Completion of Final Bid Set Documents July 2025
Advertising and Bidding July 2025
Construction Contract Award August 2025
Construction Completion February 2026

City Attorney Approved Version 040821 1

AGREEMENT FOR CIVIL ENGINEERING SERVICES
[Insert Name of Consultant]
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 2025 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and ____________________________________________, a _______________ ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411 (the “Project”).

B. Consultant has the necessary license, professional skills and experience necessary to perform the civil engineering services described in this Agreement, and as further described in Exhibit A to this Agreement (“Exhibit A”), and in the City’s Request for Proposals for Civil Engineering Services for the Project, dated April 4, 2025 (“RFP”), attached as Exhibit B, both of which exhibits are incorporated herein.

C. City desires to engage Consultant to provide these civil engineering services by reason of its qualifications and experience in performing such services.

D. Consultant has submitted a proposal to City, dated April 24, 2025 (“Proposal”), attached as Exhibit C and incorporated herein, in response to the City’s RFP, and has affirmed its willingness and ability to provide such civil engineering services 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. Definitions. The following definitions apply to the body of this Agreement and Exhibit A unless otherwise indicated. Defined terms are capitalized in the Agreement with the exception of the words “day” and “including.”

1.1 Additional Services means civil engineering services in addition to the Basic Services, which are provided pursuant to the City’s written request or prior written authorization.

1.2 Basic Services means those civil engineering services necessary for design and construction of the Project, as specified in Exhibit A and in the RFP and Proposal.

1.3 Change Order means a written document approved and signed by the City after execution of the Construction Contract, which changes the scope of Work, the Construction Contract Price, or the Construction Contract Time.

1.4 City Engineer means the current or acting City Engineer and Director of Public Works for the City of Brentwood or his or her authorized delegee.

1.5 Construction Contract means the signed agreement between the City and Contractor, which includes and incorporates the Construction Documents.

1.6 Construction Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Construction Contract.

1.7 Construction Contract Time means the time within which the Contractor is required to perform the Work, as set forth in the Construction Contract and as may be amended by Change Order.

City Attorney Approved Version 040821 2

1.8 Construction Documents means all of the documents that are prepared following approval of the Design Development Documents for bidding and construction of the Project, as further detailed in Exhibit A.

1.9 Contractor means the individual, partnership, corporation, or other entity which has signed the Construction Contract with the City to perform the Work. “Contractor” includes the Contractor’s subcontractors, unless the context indicates otherwise.

1.10 Day means a calendar day unless otherwise specified.

1.11 Design Development Documents means detailed documents which are prepared following approval of the Schematic Design Documents, as further detailed in Exhibit A.

1.12 Design Documents means, collectively, the plans, drawings and specifications prepared or provided by the Consultant for the Project at all design stages, including Schematic Design Documents, Design Development Documents and Construction Documents.

1.13 Including, whether or not capitalized, means “including; but not limited to” unless the context requires otherwise.

1.14 Project Manager means the City employee or representative with primary responsibility for overseeing design and construction of the Project and who will be Consultant’s sole point of contact for the City unless otherwise stated. The Project Manager for this Project is Vatsal Patel.

1.15 Project Schedule means the detailed schedule developed by the Consultant, and subject to the City’s approval, for design and construction of the Project, based on the Proposed Project Schedule provided in Exhibit A.

1.16 Proposed Project Schedule means the proposed Project schedule provided by the City in Exhibit A to this Agreement.

1.17 Rate Schedule means the schedule listing the hourly rates for Consultant’s staff and rates for costs associated with providing the Services. The Rate Schedule is included in the Proposal.

1.18 Schematic Design Documents means preliminary drawings and related documents showing the Project’s basic components, scale and location, as further detailed in Exhibit A.

1.19 Services means all civil engineering and related services required under this Agreement, including all Basic Services and any authorized Additional Services.

1.20 Work means the Contractor’s construction and services necessary or incidental to constructing the Project in conformance with the requirements of the Construction Documents.

2. Scope of Services. Consultant, acting in its capacity as a civil engineer licensed under California law, will provide the Basic Services necessary to design and construct the Project in accordance with the City’s requirements, as set forth in Part One – Scope of Services in Exhibit A, and will provide those Additional Services, if any, as requested and authorized in writing by the City.

3. Personnel and Subconsultants. 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 Agreement by all of its employees and consultant, if any, and will keep the Services under its control. On demand of City, if any employee or 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.

City Attorney Approved Version 040821 3

3.1 Consultant’s Key Personnel. The Consultant’s key personnel assigned to this Project, as specified in Consultant’s Proposal, may not be changed without the prior written approval of the City.

Consultant must promptly notify the City in writing of any changes or proposed changes to the key personnel identified in the Proposal (or subsequently approved by the City), and of any changes to the contact information (telephone and email) for any key personnel.

3.2 Consultant’s Principal Representative. Consultant’s principal representative assigned to this Project is <Name and Title>, who will have full authority from Consultant to receive and act on instructions from the City.

3.3 Subconsultants. Consultant may not engage the services of any subconsultant for this Project, including, but not limited to, firms or individuals providing specialized architectural or engineering services, without obtaining the City’s prior written approval. The City’s approval must not be deemed to create any contractual relationship between the City and any such subconsultant, except that the City must be considered a third party beneficiary of such services for the Project. Consultant must bind its subconsultants in the same manner as Consultant is bound to the City under this Agreement, including, but not limited to, the insurance and indemnity requirements.

3.4 Warranty of Qualifications. Consultant warrants and represents that Consultant, its personnel, and its subconsultants are each duly qualified, licensed, and authorized by law to perform the civil engineering and related services required under this Agreement.

4. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special civil engineering skills and experience to do and perform the Services.

The Services provided by Consultant pursuant to this Agreement must, at all times, meet or exceed the standard of care applicable to experienced, licensed civil engineers performing similar work in the area in which the Project is located. Similarly, the Services provided by any subconsultant must meet or exceed the standard of care applicable to others practicing in the subconsultant’s field and performing similar work in the area in which the Project is located. The acceptance of the Services by City does not release Consultant from these obligations.

5. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

6. Schedule.

6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule 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.

6.2 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.

7. Compensation.

7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of <Amount in Words> dollars ($<Amount in Numerals>), including authorized expense reimbursements, or as otherwise specified in Exhibit A. Any authorized Additional Services will be paid for based on the Rate Schedule. No other

City Attorney Approved Version 040821 4
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.

7.2 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.

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

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

8. Status of Consultant.

8.1 Consultant will perform the Services in Consultant's own way, by controlling the manner and means of the work City needs completed, and pursuant to this Agreement as an independent contractor and 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.

8.2 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 subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subconsultants. 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 subconsultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

9. 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 his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, 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 subconsultant of Consultant and City.

Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant 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.

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

11. 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 (collectively, “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 caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or termination of this Agreement with respect to any Liability arising from or caused during the term of the Agreement.

City Attorney Approved Version 040821 5

12. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subconsultants. 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."

12.1 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.

12.1.1 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.

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

12.1.3 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.

12.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The professional liability insurance must include prior acts coverage.

12.2 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 certificates of insurance and endorsements to City.

12.3 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.

12.4 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.

12.5 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.

City Attorney Approved Version 040821 6

12.6 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.

12.7 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.

12.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

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

14. 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.

15. Ownership of Documents.

15.1 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.

15.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

16. 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.

17. 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.

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

City Attorney Approved Version 040821 7
For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5307
Attn: Vatsal Patel
Email: [email protected]
For Consultant:

Name:

Title:

Address:

Phone No.:

Facsimile No.:

Attn:

Email:____________________________
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.

19. Conflicts of Interest.

19.1 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 subconsultants will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

19.2 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.

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

21. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant and Subcontractors 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.

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

23. 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

City Attorney Approved Version 040821 8
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.

24. 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.

25. 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.

26. 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.

27. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

28. 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.

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

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

31. Entire Agreement and Order of Precedence. 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

City Attorney Approved Version 040821 9
Attorney, to agree to non-material 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.

Notwithstanding that the RFP and Proposal are incorporated into this Agreement as Exhibit B and Exhibit C, respectively, if any provision in the Proposal or the RFP differs from or is inconsistent with the terms of this Agreement, including Exhibit A, the terms of this Agreement, including Exhibit A, will take precedence over any such differing or inconsistent provision. Likewise, to the extent any terms in the Proposal differ from or are inconsistent with the terms of the RFP, the terms of the RFP will take precedence over any differing or inconsistent terms in the Proposal

32. 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.

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

34. Signatures.

34.1 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.

34.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Printed Name:

Title:
** By:

Printed Name:

Title:

CITY:

By:

Tim Y. Ogden, 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,

City Attorney Approved Version 040821 10
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.

If a sole proprietorship:
• The Agreement must be signed by the owner.

City Attorney Approved Version 040821 11

AGREEMENT FOR CIVIL ENGINEERING SERVICES
<Name of Consultant>
Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411 EXHIBIT “A”

PART ONE - SCOPE OF SERVICES

1. General. Consultant must provide civil engineering design and related services for the Project, as more particularly described in the RFP and Proposal, including and subject to the following general requirements.

1.1 Preliminary Design Conference. Within 10 days following the City’s execution of this Agreement, or as otherwise specified in Exhibit A, Consultant must attend a preliminary design conference with the Project Manager. At the request of the Project Manager, the Consultant must submit written minutes of the preliminary design conference in order to demonstrate its understanding of the Project requirements.

1.2 City Approval. Consultant may not proceed with the development of successive Design Documents, as detailed below in Section 2, until it has received written approvals from the City. Consultant must promptly review and revise the following to the City’s satisfaction, without additional compensation:
(A) Design Documents submitted for City approval and to which the City has objections; and
(B) Design Documents which have been determined by the City to present excessive cost or constructability problems.

1.3 Governmental Approval. Consultant must assist the City with obtaining the following required approvals from governmental agencies with jurisdiction over the Project:

N/A.

1.4 Consultant will control the manner and the means of the services to be provided, 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.

1.5 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. 2 Basic Services. In addition to the tasks specified in the RFP and Proposal, Consultant’s Basic Services include the following:

2.1 Project Schedule. Within 10 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary Project Schedule, based on the Proposed Project Schedule included in in Part Two, below, showing the timing and sequencing of the major design and construction phases required to complete the Project. The preliminary Project Schedule should include times for completion of all major phases of environmental procedures, if applicable; design; bidding; construction; final close out; or as otherwise specified by the Project Manager. The Project Schedule must be updated for the City Engineer’s review and approval upon completion of each major phase included in the Project Schedule.

2.2 Cost Estimate. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission

City Attorney Approved Version 040821 12
of the Schematic Design Documents, Design Development Documents, and Construction Documents, respectively. If at any time, an updated cost estimate exceeds the City’s previously approved cost estimate, Consultant must provide the City with recommendations for constructing the Project within the City’s budget.

2.3 Schematic Design Documents. Within the time specified in the approved Project Schedule, Consultant must prepare and submit for the City Engineer’s review and approval Schematic Design Documents consisting of drawings, outline specifications, and other documents showing the Project’s basic components, scale, and location on the Project site. The Schematic Design Documents must include, to the extent applicable, conceptual plans of the Project site and improvements; preliminary sections and elevations; approximate areas, volumes, and dimensions; and preliminary selections of materials and systems. The Schematic Design Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Schematic Design Documents.

2.4 Design Development Documents. Based on the approved Schematic Design Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval the Design Development Documents. The Design Development Documents must further define the Project, including drawings and outline specifications fixing and describing the Project size, character and site relationships, and other appropriate elements describing the structural, engineering, mechanical and electrical systems, as applicable. The Design Development Documents must include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, including required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Schematic Design Documents, including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule.

The Design Development Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Design Development Documents.

2.5 Construction Documents. Based on the approved Design Development Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval, and required governmental agency approval(s), if applicable, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and technical specifications that comply with all applicable codes, laws, ordinances and regulations in effect at the time of their preparation at the location of the Project, and as further specified in the RFP. The Construction Documents must be submitted to the City Engineer in electronic form, ready to be added to the front end documents, which will be prepared by the City using the City’s approved front end documents. When submitting the Construction Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Design Development Documents including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule. The Construction Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Construction Documents.

2.6 Bidding Phase Services. Consultant must assist the City during the bidding phase, including, if applicable, prequalification of bidders; conducting pre-bid meetings or site walks; issuance of addenda; bid review; and review of bid protests. If the lowest responsive bid exceeds the final approved construction cost estimate by 25 percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant

City Attorney Approved Version 040821 13
must, at no additional cost to the City, work with the City to make the modifications to the Construction Documents to reduce the cost of construction so as not to exceed the previously approved construction cost estimate by more than the stated additional percentage.

2.7 Construction Phase Services. During the Construction Phase the Consultant must provide the following services to the City, as more particularly specified in Exhibit A:
(A) General administration of the Construction Contract including:
review and advise the Project Manager as to the accuracy and reasonableness of Contractor’s schedule of values; coordinate the Project Schedule with the Contractor’s Work schedule; provide prompt and complete responses to Contractor’s requests for information; and coordinate efforts with the Project Manager to ensure the Project is completed in a timely, cost-effective manner, consistent with the City’s requirements. (B) Ongoing design services as needed, including: interpretations and clarifications of the Construction Documents provided by the Consultant; and preparation of design details for Change Orders, as needed for the proper execution and progress of the Work and consistent with the intent of the approved Construction Documents. (C) Consultant must timely review Contractor’s design-related submittals, including shop drawings, product data and samples, and issue written approvals of and/or recommendations to the City within ten days of receipt of each such submittal, unless additional time is required based on the nature of the submittal, in which case the review must be completed as soon as practicable under the circumstances. Consultant must check the submittals for compliance with the approved Construction Documents.

Consultant’s review must not extend to the Contractor’s means, methods, techniques, sequences, or procedures, unless such have previously been specified in the Construction Documents.
(D) Consultant must assist the Project Manager in evaluating whether to recommend approval of requests for changes in the Work, and, if applicable, must assist with preparing proposed Change Orders.
(E) Consultant must visit the Project site at intervals sufficient to monitor the progress and quality of the Work and to determine whether the Work is proceeding in conformance with the Construction Documents. Following each Project site visit, Consultant must promptly provide the Project Manager with a written report of Consultant’s observations and recommendations, if any. If Consultant becomes aware of any defects or deficiencies in the Work, Consultant must provide prompt notice to the Project Manager, followed by written confirmation of that notice. If, in Consultant’s opinion, special testing or inspection of the Work is needed, Consultant must recommend appropriate procedures and consultants to the City. Consultant is not responsible for Contractor’s safety precautions and programs.

However, if Consultant has knowledge of safety violations, Consultant must give prompt notice to the City of such violations.
(F) Consultant must assist the City in evaluating the Contractor’s payment applications in accordance with the Construction Documents. Based on on-site observations and review of other relevant information, Consultant must evaluate whether the Work has progressed to the point indicated in the payment application. Consultant’s review must include review of the status of the Contractor’s record drawings. (G) Consultant must attend meetings with the Project Manager and Contractor(s) prior to and during construction as follows: Monthly or after each milestone as described in the Project Schedule.

City Attorney Approved Version 040821 14
(H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as specified: Monthly or part of each progress payment submittal.
(I) Consultant must conduct inspections reasonably necessary to determine whether Contractor has achieved final completion of the Work in accordance with the Construction Contract, and must prepare a list of items to be completed or corrected (the “punch list”), including estimates of the cost for the City to correct or complete each punch list item, as well as required final submittals (e.g., warranties, manuals, as-built drawings, etc.) in order to achieve final completion.

2.8 Close Out and Post-Construction Services
(A) Consultant must promptly perform all tasks reasonably necessary for Project close out. If requested, Consultant must provide the City with a color schedule of all finished materials incorporated into the Project.
(B) If requested by the City, Consultant must make up to two (2) visits to the Project site during the warranty period to advise the City on the need for warranty work. (C) All Project plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, must be and remain the property of the City for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the Project. The City reserves the right to use the Construction Documents, record drawings, or estimates related to the Project for the purposes of additions, alignments, or other development on or near the site or elsewhere in the City. Nothing in this provision is intended to transfer or waive Consultant’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless transferred or waived in writing by Consultant. Notwithstanding the foregoing, if the City proposes to reuse the Construction Documents, in whole or in part, the City and Consultant will specify the terms and conditions for the reuse in this Agreement by an amendment or addendum.

3. Additional Services. If not expressly included in Basic Services, as specified above or in RFP or the Scope of Services in Exhibit A, the following services must be provided by Consultant and will be paid for as Additional Services, subject to prior written authorization by the City:

3.1 Investigation of financing or other special studies to determine the financial feasibility of the Project.

3.2 Consultations, negotiation, and the like for procurement of Project financing.

3.3 Investigation of or measured drawings of existing conditions or improvements or verification of the accuracy of the City-provided drawings or other information on existing conditions.

3.4 Surveys, site evaluations, or legal descriptions.

3.5 Soils, subsurface and environmental studies, reports and investigations required by outside agencies with jurisdiction over the Project.

3.6 Revisions to the City-approved Construction Documents which are required due to circumstances outside of Consultant’s control.

City Attorney Approved Version 040821 15

3.7 Design, coordination, management, expediting and other services for the procurement of materials to be obtained or work to be performed by the City, including, but not limited to technology or other specialty systems which are not otherwise required by this Agreement.

3.8 Estimates, appraisals, consultations, and related services required for the repair or replacement of an insured loss.

3.9 Preparing for or providing expert witness services or participation in out-ofcourt dispute resolution in connection with any Project-related dispute or adversarial proceeding to which the Consultant is not a party, or potential party.

3.10 Out of town travel in connection with the Services, other than travel between Consultant’s office, the City’s offices, and the Project site.

3.11 The City-requested services which are not included in Basic Services and are not customarily provided as part of generally accepted civil engineering design services for this type of project and the region in which the Project is located.

3.12 Extended services required by non-performance, suspension, termination, or default of the Contractor in the performance of the Work, through no fault of Consultant.

3.13 Preparation of special models, renderings or mock-ups, which are not included in Basic Services.

3.14 Other services as agreed to by the Parties as set forth in written amendment or addendum to this Agreement.

4. References. Consultant’s Services, including preparation of the Design Documents, should be informed and guided by the information or requirements included in the Request for Proposal, attached as Exhibit B.

PART TWO - PROPOSED PROJECT SCHEDULE
Release of RFP April 4, 2025
Proposal Due Date April 24, 2025
Design Contract Award May 27, 2025
Completion of Final Bid Set Documents July 2025
Advertising and Bidding July 2025
Construction Contract Award August 2025
Construction Completion February 2026

City Attorney Approved Version 040821 16

AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”

REQUEST FOR PROPOSALS
City of Brentwood
Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411 [Attach City’s RFP, including any exhibits thereto.]

City Attorney Approved Version 040821 17

AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “C”

PROPOSAL
<Name of Consultant>
City of Brentwood
Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411 [Attach Consultant’s Proposal, including any exhibits thereto.]

City Attorney Approved Version 040821 17

AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “C”

PROPOSAL
Freyer & Laureta, Inc.

City of Brentwood
Zone 2 Reduced Water Pressure Zone Project, CIP No. 562-56411

www.freyerlaureta.com
Civil Engineers
Surveyors
Construction Managers April 24, 2025
Civil Engineering Services for
Zone 2 Reduced Water Pressure Zone Project
CIP Project No. 562-56411
City of Brentwood
F&L Proposal

Vatsal Patel, P.E., Engineering Manager
City of Brentwood
Engineering Department
150 City Park Way
Brentwood, CA 94513
April 24, 2025
Dear Mr. Patel,
Freyer & Laureta, Inc. (F&L) is pleased to submit the following proposal in response to the City of Brentwood’s (City) Request for Proposals (RFP) for Civil Engineering Services for the Zone 2 Reduced Water Pressure Zone Project, CIP Project No. 562-56411, dated April 4, 2025. We also acknowledge receipt of Addendum No. 1, issued April 18, 2025. We believe you will find we have assembled a team of experts to partner with the City to lead the delivery of this critical project, improving the overall reliability and resiliency of its water distribution system. To ensure a precise proposal and follow the required format, we have included our Cost Proposal in Section G. Attachments.

F&L is an established California Corporation (S-Corp), a Small Business (SB(Micro)), and a Minority Business Enterprise (MBE) providing award-winning consulting engineering services for private and public agencies throughout the region. Since our inception more than 28 years ago, F&L has had the opportunity to successfully oversee over $200 million of infrastructure and capital improvement projects for numerous special district and municipal clients. Our successful involvement in leading thousands of infrastructure and capital improvement projects with an emphasis on water system rehabilitation and replacement projects uniquely positions us to provide the technical expertise needed to deliver the engineering service expertise the City seeks.

As the Executive Vice President of F&L and a licensed professional in the State of California, I will serve as the Principal-in-Charge and the primary point of contact for the City. I am committed to fulfilling my role for the entire duration of any agreement and have the authority to bind F&L contractually.

With 27 years of professional experience, I have successfully led numerous capital improvement projects for special districts, cities, counties, states, and federal agencies that are similar in scope and size. My expertise encompasses urban master planning, utility design, and construction planning. By leveraging my diverse experience, I can provide the team with a unique perspective and a thorough understanding of the challenges faced by municipal clients in the greater Bay Area.

Jeffrey J. Tarantino, P.E., Executive Vice President
505 San Marin Dr., Ste. A220, Novato, CA 94945
(415) 534-7070 x201 (O) | (650) 619-3226 (M) | [email protected] Leveraging our diverse experience and familiarity with challenging water systems, we can design specific solutions for the City’s Zone 2 Reduced Water Pressure Zone Project that will simplify and improve the current infrastructure, leading to future resiliency, ease of operations, and maintenance.

Our experienced team is excited to continue our partnership with the City and look forward to discussing our proposal in further detail. Please call or email if you have any questions in the interim.

Very truly yours,
Jeffrey J. Tarantino, P.E.

Executive Vice President, F&L
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 1

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 2

B SUBCONTRACTORS
F&L will not have any subconsultants for this project.

C PROPOSAL APPROACH
The City of Brentwood is seeking support to provide engineering and related services for the Zone 2 Reduced Water Pressure Zone Project. The project aims to isolate the water supply for residences in the Summerset I and Apple Hill neighborhoods from the existing Zone 1 pressure zone and serve them through a new Zone 2 with reduced pressure. This will involve the installation of pressure reducing stations and related equipment to ensure adequate pressure and meet fire flow demands.

C.1 Firm Qualifications
F&L is an award-winning civil engineering and surveying firm that offers a comprehensive range of services, including surveying, civil design, planning, and construction management for various regional infrastructure and development projects. We specialize in stormwater, water, and wastewater conveyance projects.

Each project requires us to understand the unique needs of our clients, stay updated on the most effective technologies and methodologies available, and develop tailored recommendations that meet operational and regulatory requirements.

Our success is heavily dependent on our ability to collaborate and coordinate effectively with cities, counties, and permitting agencies. This ensures that our recommendations align with planning and improvement studies, and that we develop and implement robust construction documents. We also assist clients with public outreach meetings and coordination.

LEGAL NAME Freyer & Laureta, Inc.

LOCATION F&L Headquarters
150 Executive Park Blvd., Ste 4200
San Francisco, CA 94134
(415) 534-7070
East Bay Office
1101 Marina Village Pkwy., Ste 104
Alameda, CA 94501
(510) 937-2310
North Bay Office - Main for Project
505 San Marin Dr., Ste A220
Novato, CA 94945
(415) 534-7070

South Bay Office
20863 Stevens Creek Blvd., Ste 400
Cupertino, CA 95014
(408) 516-1090
ESTABLISHED 1997, California S-Corporation
SIZE OF FIRM 32 full-time
LEADERSHIP • Richard Laureta, P.E., President, Civil Engineer CA No. 55783 • Jeffrey Tarantino, P.E., Executive Vice President, Civil Engineer CA No. 63936 • Lorraine Htoo, PE, LEED AP, Vice President, Civil Engineer CA No. 79542 • Josh Kimbrell, PE, QSD/P, LEED Green Assoc., Vice President, Civil Engineer CA No. 77666 • David Freyer, P.E., Vice President, Civil Engineer CA No. 30060 • Eric Biland, P.E., QSD/P, LEED AP, QISP, Senior Project Manager, Civil Engineer CA No. 75125

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 3 With over two decades of extensive experience, our firm has developed a deep understanding of both the technical and non-technical factors that must be considered when implementing capital improvement programs. At F&L, we recognize the importance of identifying and providing detailed documentation of potential non-technical requirements that can impact project costs and implementation strategies, particularly when improvements are made within existing residential neighborhoods.

F&L will leverage our regional experience with various municipalities, understanding that delivering final projects that satisfy all technical and operational needs of the city is just as crucial as creating construction documents and phasing plans that mitigate temporary construction impacts for residents and the surrounding community.

F&L has extensive experience in designing water distribution systems. Our team specializes in creating efficient and resilient networks and recognize the complexities involved in evaluating existing infrastructure, modeling water flow, and optimizing system performance. By focusing on demand forecasting and hydraulic analysis, we develop customized solutions that enhance both the safety and efficiency of water supply. Our expertise in this area enables us to tailor projects that not only meet immediate needs but also anticipate future growth, ensuring that communities have the resources they need to thrive.

Staffing & Availability
We intend to establish a management system to notify the City about project elements before submittal, and to provide clear and concise documents that further define and refine proposed project elements. Our team will continue this approach by bringing in a wide range of engineering and public works talent to support the City, ensuring the delivery of high-quality work on schedule and within the City’s budget.

F&L will provide all services from its Novato office. Due to F&L’s proximity to Brentwood, we can be actively involved to ensure that the City’s needs are met. The City will find in F&L a true project partner that understands the multiple factors that must be considered when developing public works improvement projects. All identified staff are dedicated to support the City through successful completion of each project phase.

Richard Laureta, P.E.

QA/QC Officer
Jeffrey Tarantino, P.E.

Principal-In-Charge & PM
Greg Arifian, P.E.

Project Manager
Sean Chou
Project Engineer

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 4 C.2 Project Team
F&L’s proposed project team includes staff with extensive experience working on water distribution systems. F&L is committing to the project staff identified in the following section for the project’s duration. Full resumes can be found in the appendix.

Jeffrey J. Tarantino, P.E., Executive Vice President - Principal-In-Charge Jeff will be the City’s primary point of contact, providing leadership and direction to our team.

With more than 27 years of experience, he has led the planning, design, and construction of various public agency utility projects, including stormwater, potable water, and wastewater facilities. He has served as the engineer of record on numerous projects focused on flood control, water supply and distribution, water reuse and distribution, groundwater extraction and treatment systems, and water quality.

Jeff’s extensive experience with utility system planning, design, and construction allows him to provide overall technical leadership for a wide range of capital improvement projects.

He is familiar with current technologies and methodologies that maximize the value of improvements. In addition, Jeff is experienced in collaborating with utility owners to develop public and stakeholder outreach campaigns, including mailers, presentations, and progress reports.

Richard Laureta, P.E., President - QA/QC Officer
Richard will be the QA/QC Officer supporting Jeffrey Tarantino to ensure that all technical deliverables are properly reviewed and meet all requirements for each task order. In his 30 years of professional experience, he has participated in the design, project management, and construction coordination of city, county, state, and federal rehabilitation and private development projects. He has extensive experience helping to manage sanitary districts, including District Engineering services for West Bay Sanitary District, Silicon Valley Clean Water, and East Palo Alto Sanitary District, giving him detailed knowledge of regulatory and industry standards. Richard will be the City’s primary point of contact, providing leadership and direction to our team members.

Greg Arifian, P.E., Senior Project Manager - Project Manager Greg is an experienced project manager with over 26 years in the construction operations, and engineering sectors. He has played a significant role in various high-profile projects across the San Francisco Bay Area and Southern California, focusing on water-energy nexus projects. His expertise encompasses project management for pipeline design, recycled water infrastructure, and customer retrofits resulting in conversion of over 2,000 AFY of demand to new, local, reused water. He has also spearheaded energy management strategies and solar projects for major water districts, focusing on innovative approaches to renewable energy integration. With a solid foundation in environmental engineering and project oversight, Greg is dedicated to promoting sustainable practices in infrastructure development.

Sean Chou, Staff Engineer - Project Engineer
Sean has more than 8 years of experience in civil design, construction inspection, and preparation of construction documents for public infrastructure and private development projects. He has served as a Staff Engineer on a wide range of project types for F&L in Novato, San Francisco, Pacifica, Portola Valley, East Palo Alto, Hillsborough, and Burlingame. He is currently working on supporting North Marin Water District on multiple projects for the Bahia Hydropneumatic System Replacement, Lynwood Pump Station Replacement, as well as their 2024 Master Plan Update.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 5 C.3 Project Experience
F&L has unique expertise in evaluating complex infrastructure projects that require a detailed analysis of site conditions, construction phasing, constrained access, and potential environmental impacts. The F&L team has extensive experience in developing regional solutions that balance essential engineering requirements while minimizing environmental effects. These projects involve engaging multiple stakeholders to create and compare alternatives using a goals-based risk assessment. This collaborative approach will allow the City, F&L, and key stakeholders to identify solutions that consider regulatory, technical, and environmental factors.

F&L’s experience in water distribution systems encompasses planning, design, construction management, and project/program management services. Our full project lifecycle experience enables our engineers to incorporate various design criteria, including required system pressures and flows, pipe materials, construction methods, and potential public impacts—both short-term and long-term. This comprehensive perspective allows us to present utility owners with several possible solutions while also identifying a preferred option.

F&L has provided engineering analysis and design services for various water system projects.

In the following section, we highlight a few of our team’s projects, showcasing our technical expertise relevant to the City’s project.

As with our prior work, the team plans to incorporate the following elements:
• Condition Assessment – F&L has supported condition assessment of existing stormwater systems to determine their remaining useful life, develop rehabilitation strategies, and identify potential risks and consequences of failure.
• Project Management & Coordination – F&L has led teams comprising various subconsultants, stakeholders, and public agencies. We understand the importance of coordinating and monitoring all aspects of the work.
• Capital and Operation Cost Evaluation – We take pride in developing project-specific solutions that meet multiple criteria. We collaborate with owners to select the most costeffective preferred solution. • Hydraulic Modeling and Planning – We recognize the importance of leveraging hydraulic models to evaluate potential improvement needs to support ongoing operations, improve operational efficiencies, identify possible system deficiencies resulting from projected growth, and apply experience from similar projects to “ground truth” hydraulic modeling results.
• Engagement of Operations Staff – Our staff appreciates the importance of involving operations personnel throughout the project planning and design phases to create improvements that address long-term operational needs, provide safe access to mechanical equipment, and adhere to the utility owner’s existing standard operating procedures.
• Identification of Public Impacts – We understand that construction activities can be disruptive to residents and visitors; therefore, it is crucial to develop comprehensive designs that allow F&L to communicate temporary impacts clearly to the public.

PROJECT NAME CONTACT BUDGET & KEY PERSONNEL
Town of Hillsborough Highline Pipeline Project
2020 – Present
Paul Willis, City Engineer/Public Works Director
(650) 375-7444 | [email protected]
Design: $1.3M | Construction Budget: $32M
Jeffrey Tarantino, P.E., Rich Laureta, P.E.

As part of The Town of Hillsborough’s Capital Improvement Program, a new water pipeline was designed to link its system to the SFPUC Harry Tracy Water Treatment Plant (HTWTP). The HTWTP, located approximately 1,000 feet from the San Andreas Fault in San Mateo County, treats and delivers water to individuals throughout the Northern Peninsula and is the sole emergency water source for the San Francisco Peninsula. The proposed HTWTP pipeline project includes constructing a new, modern pump station to improve the overall reliability and resiliency of the Town’s potable water transmission system. In addition, the project provides an opportunity for the Town to collaborate with the Cities of Millbrae and Burlingame in developing a regional transmission system. The new system will provide access to a seismically reliable water supply adjacent to the Highway 280 wildland-urban interface (WUI) that allows the construction of a new fire hydrant infrastructure to provide a reliable fire suppression supply.

F&L is the lead design engineer for the new pipeline and pump station project that would provide an alternative water source for the Town and facilitate water delivery from SFPUC directly to its largest storage tank (currently being replaced with a seismically resilient prestressed concrete tank). Now, the SFPUC delivers water to the Town through a series of 10 turnouts located at the lowest elevation of the Town, and the Town must then convey water to all its customers and storage tanks through a series of 11 pump stations. The proposed HTWTP pipeline will allow the Town to minimize the use of the older pump stations, and reduce energy use and reliance on aging infrastructure following significant seismic or other emergency events. Under the direction of Mr. Tarantino as Project Manager, F&L is coordinating a multidisciplinary team of experts to develop and provide alignment validation, hydraulic evaluation, pump station siting, seismic design, cost estimates, and engagement with SFPUC.

F&L is providing a wide range of civil engineering services for the project, including: Analysis and alignment of partner agency design criteria and peer reviews; Validation and complete analysis of selected alignment hydraulics to meet operational requirements, including required flow and pressure; Collaborate with SFPUC to secure buy-in for the project, including the proposed design criteria to meet requirements and expectations; Assist in the selection of feasible potential pump station sites within the operational requirements of the Town and neighboring municipalities; Identify seismic reliability needs and corresponding design criteria; Develop estimated opinion of projected project costs and facilitated cost-sharing opportunities with partner agencies; Project coordination, monitoring, and administration tasks, including preparation of meeting agendas and minutes and monthly invoicing summarizing completed work; Facilitation of alignment workshops between the municipalities and SFPUC staff members involved in the project; Review of previous work prepared by others, including G&E Reports and other technical documents. Assessment of potential changes based on distribution systems; Hydraulic modeling for preferred alignments; Desktop studies of geotechnical, utility, and environmentally sensitive areas.

NMWD Hydro-Pneumatic Tank Project
2023 – Present
Avram Pearlman, Associate Engineer
(415) 272-0079 | [email protected]
Design: $100K | Construction Budget: $950K
Jeffrey Tarantino, P.E., Rich Laureta, P.E., Sean Chou
F&L was engaged by North Marin Water District (NMWD) to evaluate and recommend improvements to the seven hydropneumatics pressure systems throughout the Novato service area. The hydropneumatics pressure systems were installed over a 35-year to 60-year period as development within Novato occurred over several decades. The scope of services includes:
• Evaluate all seven hydropneumatic pressure systems and develop recommended replacement strategies to improve the overall reliability for customers within the seven pressure zones. • Develop standardized replacement strategy that leverages standard pumps and equipment to minimize the need for maintaining an extensive replacement parts inventory. • Develop a ranked list for phased replacement from the most vulnerable to least vulnerable of failure, primarily due to age and overall condition of the facility. • Prepare construction documents for replacement of the Bahia Hydropneumatic Station with more modern pump station designed to reduce the reliance on a below-grade pressure tank while maintaining adequate pressure and reliability for the customers.
• Coordinate with Pacific Gas and Electric Company to provide a new electrical service.

City of Menlo Park On-Call Water Main Replacement
2018 – Present
Scott Jaw, Associate Engineer
(650) 330-6694 | [email protected]
Design: $500K | Construction Budget: $8M (estimated)
Jeffrey Tarantino, P.E., Rich Laureta, P.E.

F&L was selected in 2016 to provide on-call water main replacement engineering design services. F&L is responsible for the design of replacing nearly 10,000 lf of existing water lines and associated appurtenances primarily located within residential neighborhoods and adjacent to several schools. F&L’s services have included topographic surveys, boundary surveys to confirm property lines, hydraulic analysis to validate the required capacity of the new replacement water mains, and existing utility potholing to validate the proposed horizontal and vertical alignment. Scope items included:
• Engaged specialty subconsultants to perform non-destructive utility investigation and potholing activities. The field utility studies and investigations focused on verifying key components of the existing water pipeline existing location at the project limits to inform the tie-in design for the new water main and identify the location of the electrical/communication infrastructure along the entirety of the project limits. • Developed CDs for 50%, 90%, and 100% completed improvement plans and technical specifications. • Provided Bid support throughout the bid process, including assisting the City in responding to questions and preparing addendums. • Provided engineering services during construction, including preparing RFIs, reviewing submittals, performing site visits, evaluating and drafting responses to contractor’s change order requests, and preparing record drawings based on contractor-provided red lines.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 6

PROJECT NAME CONTACT BUDGET & KEY PERSONNEL
City of East Palo Alto Water System Improvements
2015 – Present
Humza Javed, P.E., Director of Public Works
(650) 853-3130 | [email protected]
Design: $2M | Construction Budget: $20M (projected)
Rich Laureta, P.E., Jeffrey Tarantino, P.E., Greg Arifian, P.E.

The City of East Palo Alto is experiencing unprecedented residential and mixed-use development growth. In 2016, it could not approve planned developments because the City could not demonstrate through the development of Water Supply Assessments in compliance with Senate Bill 610 that there was sufficient water supply to support proposed developments. F&L provides project management services, including assisting the Director of Public Works and City Engineer in managing the water system contract operator, evaluating the existing distribution system’s condition, and developing a phased capital improvement program. In addition, F&L is responsible for managing the Integrated Water Resources Management Plan (IWRMP) grant program that the City relied on to fund the design and construction of two groundwater resource establishment projects. F&L assists City staff with preparing staff reports, developing project budgets, and leading City Council presentations.

F&L has also completed the design of a new 5,000 LF 12-inch water transmission main and 1,500 LF 16-inch transmission main, both critical to improving fire flow throughout the distribution system. F&L worked closely with the San Francisco Public Utilities Commission (SFPUC) to upgrade one of the three existing SFPUC turnouts (while also identifying the need and location for a fourth), providing East Palo Alto’s water supply as part of the transmission main design efforts. F&L utilizes East Palo Alto’s existing hydraulic model to evaluate potential routing options, predict the likely pressure and flow improvements with the upgraded SFPUC turnout, and develop opinions of probable cost for each alternative considered. F&L is developing a phased improvement program to allow East Palo Alto to implement a series of focused projects that will immediately improve available fire flow adjacent to several key redevelopment projects, including much-needed affordable housing. The project includes:
• Project and Construction Management of the Gloria Way Well Treatment Plant to complete the design, secure State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) approval, and oversee construction and startup of the groundwater treatment system. • Develop solutions to address existing operational deficiencies while expanding the existing distribution system to meet the projected build-out conditions presented in the Vista 2035 General Plan. • Prepare clear construction documents to streamline permitting, cost estimation efforts, and construction. • Hydraulic modeling to develop improvement projects to improve available fire flow, address water age issues, and conform to the DWW-issued Corrective Action Plan. • Coordination with the SFPUC to upgrade existing turnouts and develop a fourth turnout to support ongoing development.

District Engineer, Great Oaks Water District
2020 – Present
Jared Ajlouny, Vice President of Operations
(408) 227-9540 | [email protected]
Design: $150K | Construction Budget: N/A
Jeffrey Tarantino, P.E., Rich Laureta, P.E., Greg Arifian, P.E.

F&L provides district engineering services for the Great Oaks Water District in San Jose, which serves over 40,000 customers. Jeff Tarantino is the designated District Engineer for F&L. Our services include hydraulic evaluation of the existing distribution system to confirm available fire flow to support new development applications. F&L utilizes EPANet to perform hydraulic modeling and reports on fire flow availability to allow applicants to determine if there is a sufficient fire flow available to meet the San Jose Fire Department requirements. If necessary, F&L identifies the potential capital improvements the developer may implement to improve fire flow availability if sufficient fire flow is unavailable.

F&L also provides engineering services to improve distribution system components to support proposed developments. The engineering services include the design of new drinking water well connections and providing engineering supporting documentation for new well permitting from the Division of Drinking Water. F&L produces construction documents and opinions of probable cost as well as provides supporting technical information to assist Great Oaks with securing permits for the new wells. • Hydraulic modeling of the existing distribution system, including identifying potential capital improvement projects. • Review of new service applications, including evaluating fire flow availability to support the new service applicant’s needs. • Design of infrastructure improvements to meet new service applicant’s needs. • Design of new infrastructure, including new potable water wells, to improve the overall reliability and resilience of the Great Oaks system. • Technical support, including developing engineering memoranda for coordination with the Division of Drinking Water (DDW) to support approval of new potable water well sources. • Support coordination with the City of San Jose and the County of Santa Clara to secure necessary encroachment permits for all construction activities.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers Page 89 of 950 7 FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 8 C.4 Project Approach
F&L has organized this section to present our
understanding of the project goals and objectives
and key opportunities we will explore during the
project evaluation and design in collaboration
with City engineering and operations staff.

C.4.a) OVERALL PROJECT APPROACH
The City’s Water Master Plan, prepared by
Ennis Consulting on June 1, 2017 (“Master Plan”),
conducted a comprehensive evaluation of the
City’s water system. The Master Plan concluded
that the water distribution system is “welldesigned, operated, and maintained.” It also identified several strategic improvements,
including an opportunity to reduce energy
demands by creating a new “Zone 2 Reduced”
pressure zone to serve the Apple Hill and
Summerset I neighborhoods.

The Master Plan found that the Maximum Day
Demand (MDD) for both neighborhoods was met
via the Balfour #1 and Sand Creek #1 pressurereducing valve (PRV) stations, which require continuous pumping by Pump Station 2.1 and
Pump Station 2.2. This continuous pumping
condition leads to increased energy costs during
PG&E peak power periods.

The Apple Hill and Summerset I neighborhoods
are situated at the western edge of Zone 1,
with Pump Station 2.1 located just south of the
proposed Zone 2 Reduced pressure zone. As
noted in the Master Plan, the Zone 2 pump
stations must be capable of handling the entire
MDD for both Zone 2 and Zone 3. The close
proximity of Pump Station 2.1 to the primary
Zone 2 transmission mains along the northern
boundary of the Apple Hill/Summerset I service
area means that the distribution system between
Balfour Road and San Jose Avenue primarily
conveys water from the pump station to Zone
2 while meeting the MDD for Apple Hill and
Summerset I customers.

Isolating Pump Station 2.1 from the Apple Hill/
Summerset I service area by introducing bypass
piping and closing key zone valves will not
reduce the overall level of service for residents.

Instead, it could create operational cost-saving
opportunities for the City. The immediate
potential savings would allow for a refined
pumping strategy to reduce electrical demands,
while the long-term potential savings could
decrease wear on the pumps, extending their
operational life.

Final improvements must be carefully studied
to develop the necessary upgrades and zone
valve closures. This will help balance the need
to reduce energy costs while ensuring that
Reservoir 1.1 continues to serve Zone 1 without
compromising water quality. Specific plans for
the new bypass piping and zone valve closures
must ensure that Reservoir 1.1 is still utilized to
meet Zone 1 demands via the existing 24-inch
transmission main located in Central Boulevard,
which connects the reservoir to the 24-inch and
20-inch transmission mains at the intersection of
Central Boulevard and Fairview Avenue.

C.4.b) SCOPE OF SERVICES

2.1 Hydraulic Modeling:

To confirm the overall strategy for improvement,
which aims to reduce demands on Pump Stations

2.1 and 2.2 without causing other operational
impacts, F&L will utilize the City’s existing
hydraulic model to validate the recommended
improvements in the Master Plan. This process will
include:
• Update existing hydraulic model of the City’s
current system by incorporating all network
infrastructure, including pipes, pumps, valves,
storage tanks, and other assets, to represent
the existing conditions accurately.
• Performing hydraulic modeling to analyze
pressures, flow rates, and potential issues
in the water distribution system to assist in
designing, operating, and maintaining the
distribution system effectively and efficiently
through the new “Zone 2 – Reduced” pressure
zone.
• Identifying potential pressure deficiencies by
creating the new “Zone 2 – Reduced” pressure
zone, especially during peak demands and for
future population growth or development.
• Designing the new “Zone 2 – Reduced”
pressure zone based on pressure
requirements and topography and
establishing target pressures for the new zone,

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 9 including all valves, pump stations, pipes, etc.
• Preparing an update to the City’s existing
hydraulic model to incorporate the changes
in the hydraulic model to accommodate
the new “Zone 2 – Reduced” pressure zone
to simulate and validate that the new zone
provides adequate pressure and flow during
normal and peak demand conditions.

F&L will prepare a report summarizing the
project goals and objectives, current distribution
overview, hydraulic modeling approach,
proposed design changes, results, findings,
and recommendations to implement the new
“Zone 2 – Reduced” pressure zone. The report will
identify the necessary infrastructure upgrades,
phasing, required resources, and the testing and
commissioning needed to create the new “Zone
2 – Reduced” pressure zone. F&L will submit a
draft report to the City for review and facilitate
a technical review workshop to allow the F&L
team to present the results of our analysis and
receive City feedback. Following the workshop,
F&L will prepare a final report to memorialize the
recommended improvements.

Deliverables

1. Draft Technical Report

2. Agenda and Minutes for one technical
review workshop

3. Final Technical Report

2.2 Design Development:

Following the hydraulic model technical
workshop and upon receiving City approval,
F&L will proceed with developing construction
documents. The effort will include:
• Provide a schedule of services timeline along
with regular schedule updates as part of the
monthly project status reports.
• Participating in initial kick-off and progress
meetings (as needed) during the design
phase to review design, constructability,
and construction cost estimates as well as
comments from stakeholders.
• Preparing Construction Documents (Plans,
Specifications, and Construction Cost
Estimates) in accordance with the hydraulic
modeling and implementation plan with
submittals at the 65%, 90%, 100% design
completion milestones, including plans,
technical specifications, and construction cost
estimates.
• Preparing Geotechnical Report to be used
during design and support of all new
underground infrastructure to be constructed.
• Coordinating with all affected local agencies
and utilities is essential to the success of
this Project. The following is a list of the local
agencies and utilities that may be affected by
this Project:
– Pacific Gas and Electric (PG&E);
– AT&T;
– Comcast;
– Contra Costa County Flood Control
District;
– Contra Costa Fire District Protection
District; and
– City of Brentwood - sewer, potable and
non-potable water, storm drain, fiber
optic, SCADA, landscape, irrigation, and
street lights.

F&L will prepare for and facilitate design review
workshops following the 65% design submittal
and 90% design submittal. The workshop goal will
be for F&L to present the proposed improvements
to the City and solicit feedback from project
stakeholders. All comments will be captured in
meeting minutes prepared by F&L.

Deliverables

1. 65% Design Plans, Specifications, and
Estimates (PS&E)

2. 90% Design Plans, Specifications, and
Estimates (PS&E)

3. 100% Design Plans, Specifications, and
Estimates (PS&E)

4. Agenda and Minutes for two design review
workshops

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 10

2.3 Environmental Clearance:

F&L will provide technical support to the City
staff, who will be responsible for developing the
necessary California Environmental Quality Act
(CEQA) studies. F&L will:
• Assist with development of the Project
Description;
• Develop potential construction equipment list,
including level of use;
• Review Initial Study (IS), if required, prepared
by City staff.
• Participate in one public meeting to support
City staff.

F&L anticipates that the proposed improvements
will likely be considered a minor alteration of
existing public utility to meet existing demands
and be able to achieve Categorical Exemption
(CE). F&L understands that the City may choose
to prepare an IS to confirm that the proposed
improvements would be considered minor
alterations.

Deliverables

1. Draft Project Description

2. Review Comments on Initial Study

2.4 Bidding & Award:

F&L will provide bid and award support, including
the following:
• Prepare for and attend one pre-bid meeting,
including preparing a meeting agenda
• Manage the meeting sign-in sheet
• Prepare meeting minutes
• Prepare one addendum (if needed) for the
Project, including a draft submittal to the City
Deliverables

1. Prebid meeting agenda

2. One draft addendum in PDF format

3. One final addendum in PDF format

2.5 Construction Administration:

F&L will provide construction administration (CA)
services, including the following:
• Attend one preconstruction meeting
• Review and respond submittals
• Review and response to requests for
information (RFI’s)
• Perform up to 5 site visits
• Review and provide technical comments
for change order requests from the City’s
Contractor
Deliverables

1. Submittal Review Letters in PDF format

2. RFI responses in PDF format

3. Record Drawings in PDF and ACAD format

2.6 Close-Out:

F&L will support close-out activities, including:
• Perform fnal walk and develop punch list
• Prepare Recrd rawings based on contractorprovided redlines Deliverables

1. Punchlist

2. Record Drawings in PDF and ACAD format

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 11 C.5 QUALITY OF WORK
As requested in the RFP, following is an example of an 11x17 drawing, table of contents from a relevant report, and technical specifications of a similar project.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 12 C.5 QUALITY OF WORK (CONT.)

CITY OF PACIFICA

WET WEATHER EQUALIZATION BASIN PROJECT
June 9, 2017 BORING AND JACKING UNDERCROSSINGS
100% Issued for Construction 31 71 10- 1
SECTION 31 71 10

BORING AND JACKING UNDERCROSSINGS
PART 1 - GENERAL

1.1 APPLICATION
A. This is a standardized specification intended for use in cases where boring and jacking is indicated on the drawings or selected by the contractor as preferred method of pipe installation.

1.2 RELATED REQUIREMENTS
A. Section 02 40 10, ìDemolitionî
B. Section 31 23 11, ìTrenching and Backfill for Utilitiesî C. Section 33 31 10, "Sanitary Sewer Gravity Piping System" D. Section 31 09 00, ìGeotechnical Instrumentation and Monitoringî

1.3 REFERENCE STANDARDS
A. American Water Works Association (AWWA): C200, Steel Water Pipe 36 In.

B. ìGeotechnical Investigation Report, Wet Weather Equalization Basin Pipeline Investigation, City of Pacifica, California, CTS Job No. 11266î Prepared by Construction Testing Services dated June 13, 2016.

1.4 SUBMITTALS
A. The following shall be submitted in accordance with the General Conditions:

1. Shop Drawings: The submittals shall be completed shop drawings, calculations and written descriptions identifying details of the proposed method of construction and the sequence of operations to be performed during construction. The shop drawings and descriptions shall be sufficiently detailed to demonstrate to Ownerís Representative that the proposed materials and procedures will meet the requirements of this Section.

2. Jacking Steel Casing: Submit material specifications for review by Ownerís Representative.

3. CCTV Inspection: Contractor shall provide a CCTV Inspection of the active storm drain line crossing over pipe jack location before and after pipe jacking to demonstrate no changes to the existing pipe condition and slope. Submittals FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers. ii Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................... i ES.1 Introduction...................................................................................................................................... i ES.2 Existing Condition Assessment ......................................................................................................... i ES.3 Current Operating Conditions.......................................................................................................... i ES.4 Existing and Future Demands ........................................................................................................... i ES.5 Hydraulic Evaluation Methodology.................................................................................................. i ES.6 Alternatives Development................................................................................................................ i ES.7 Alternative Comparison.................................................................................................................... i ES.8 Next Steps......................................................................................................................................... i 1 INTRODUCTION .................................................................................................................................. 1-1

1.1 Background and Project Drivers.................................................................................................. 1-1

1.2 Assessment Approach and Report Structure .............................................................................. 1-1

1.3 Project Team................................................................................................................................ 1-2 2 EXISTING CONDITION ASSESSMENT .................................................................................................. 2-1

2.1 Visual Inspection.......................................................................................................................... 2-1

2.2 Physical Condition Summary ....................................................................................................... 2-2

2.2.1 Access ................................................................................................................................... 2-2

2.2.2 Location and Environment ................................................................................................... 2-2

2.2.3 Mechanical Components ..................................................................................................... 2-3

2.2.4 Electrical ............................................................................................................................... 2-3

2.3 Existing Conditions Assessment Conclusions.............................................................................. 2-4 3 CURRENT OPERATING CONDITIONS .................................................................................................. 3-1

3.1 NMWD Pressure Zones................................................................................................................ 3-1

3.2 Primary Zone 2 Water Supply...................................................................................................... 3-2

3.3 Pump Station Operating Strategy ............................................................................................... 3-2

3.4 Emergency Power Strategy ......................................................................................................... 3-3 4 EXISTING AND FUTURE DEMANDS ..................................................................................................... 4-1

4.1 Primary Zone 2 Demands............................................................................................................ 4-1

4.1.1 Existing Demands................................................................................................................. 4-1

4.1.2 Projected New Demands...................................................................................................... 4-1

4.2 Pump Station Capacity ................................................................................................................ 4-2

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 13

D AGREEMENT PROVISIONS
F&L has reviewed the City’s Standard Agreement (Attachment B - Sample Professional Services Agreement) and accepts its terms as-is, without modifications.

E CONFLICT OF INTEREST STATEMENT
F&L confirms that it has no conflicts of interest that would hinder its ability to perform the work outlined in the RFP.

F CLAIMS OR LITIGATIONS
F&L affirms that it has not been involved in any conflicts or litigations in the past three years, including any resolutions, judgments, or settlements.

G. Attachments

Cost Proposal

TABLE 1
BUDGET ESTIMATE FOR PROFESSIONAL DESIGN SERVICES FOR ZONE 2 REDUCED PRESSURE ZONE PROJECT City of Brentwood, California
ESTIMATED OTHER DIRECT COSTS ESTIMATED COST (2)
LABOR (Hours) (1) TOTAL
TASKS F&L TOTAL UNIT QNTY UNIT 10% COST SUB Clerical Staff Engineer II Sean Chou Two Main Survey Crew Greg Arifian, P.E. Rich Laureta, P.E. Jeffrey J. Tarantino, P.E.

LABOR
COST
($)
COST
($)
MARKUP
($)
PER
ITEM
($)
TOTALS
($)
115 175 200 600 265 295 295
Task 2.1: Hydraulic Model
Review City provided hydraulic model 2 1 $665 $665
Update model with potential improvements based on 2017 Master Plan 4 2 1 1 $1,660 $1,660 Perform hydraulic evaluation 20 4 2 1 $5,125 $5,125
Hydraulic Evaluation and Recommendation Memorandum 8 2 1 1 $2,720 $2,720 Technical Review Workshop 1 1 $560 $560
Subtotal Labor Hours - Task 2.1 24 16 7 1 4 $10,730 Estimated Cost - Task 2.1 $10,700 Task 2.2: Design Development
Field Survey (Allowance) 8 $4,800 $4,800
Coordinate with Utility Owners 2 2 1 $1,015 $1,015
Geotechnical Investigation (Allowance) LS 1 $10,000 $1,000 $11,000 65% Design Submittal
Drawing Preparation 50 8 4 2 1 $12,295 $12,295
Specifications 8 12 2 1 1 $4,440 $4,440
Opinion of Probable Cost 4 4 2 1 $2,325 $2,325
Design Review Workshop (virtual) 2 2 $1,120 $1,120
Response to Comments 4 2 1 $1,365 $1,365
90% Design Submittal
Drawing Preparation 28 4 2 2 1 $7,115 $7,115
Specifications 4 8 1 1 1 $2,915 $2,915
Opinion of Probable Cost 4 2 1 1 $1,660 $1,660
Design Review Workshop (virtual) 2 2 $1,120 $1,120
Response to Comments 2 1 1 $815 $815
100% Design Submittal (Bid Set)
Drawing Preparation 8 2 1 1 $2,360 $2,360
Specifications 4 4 1 1 $1,820 $1,820
Opinion of Probable Cost 2 1 1 1 $1,110 $1,110
Response to Comments 2 2 1 $1,015 $1,015
Subtotal Labor Hours - Task 2.2 16 106 52 8 23 8 11 $47,290 Estimated Cost - Task 2.2 $58,300 Task 2.3: Environmental Clearence
Meet with City Planning staff 2 2 $930 $930
Develop construction equipment and materials summary 8 2 1 1 $2,360 $2,360 Review City prepared Initial Study 2 1 $825 $825
Participate in one public meeting 2 1 $825 $825
Subtotal Labor Hours - Task 2.3 8 4 7 3 $4,940 Estimated Cost - Task 2.3 $4,900 Task 2.4: Bidding and Award
Prepare for and attend one prebid meeting (virtual) 2 1 $665 $665 Review Bidder Questions and Coordinate with City 2 2 1 1 $1,310 $1,310 Preparation of One Addendum 2 4 2 2 1 $2,155 $2,155
Subtotal Labor Hours - Task 2.4 2 6 6 4 1 1 $4,130 Estimated Cost - Task 2.4 $4,100 Task 2.5: Construction Administration
Review and Respond to Submittals (Allowance) 20 8 4 $6,160 $6,160 Review and Respond to RFIs (Allowance) 16 4 2 $4,130 $4,130 Change Order Review Technical Support (Allowance) 4 2 1 $1,625 $1,625 Five Site Visits (4 hours each) 20 $3,500 $3,500
Coordination Allowance 4 4 2 $2,450 $2,450
Subtotal Labor Hours - Task 2.5 56 20 12 3 $17,865 Estimated Cost - Task 2.5 $17,900 Task 2.6: Closeout
Punch list site visit inc. preparing punchlist 6 2 2 1 $2,275 $2,275 Prepare Record Drawings (Allowance) 4 2 1 1 $1,660 $1,660 Subtotal Labor Hours - Task 2.6 10 4 3 1 1 $3,935 Estimated Cost - Task 2.6 $3,900 Total Labor Hours 18 210 102 8 56 11 23 $88,890 Total Estimated Cost $99,900 Notes to Table:
(1) Billing rates for subconsultants, if any, includes 10% markup. (2)Estimated costs are rounded to the nearest $100.

Copy of Budget_Brentwood_Zone2PRV_2025-04-23.xlsx/Budget_Estimate_Final Last Printed: 4/23/2025 Page 1 of 1 FREYER LAURETA, INC. Civil Engineers · Surveyors · Construction Managers Page 98 of 950 Resumes

EDUCATION

EXECUTIVE VICE PRESIDENT
Jeff Tarantino has an extensive civil engineering design and construction background developed during his 27 years of civil and environmental work experience. He has served as project manager and QA/QC on numerous program management, planning, design, permitting, and construction management projects, with a focus on civil site development, water supply treatment and distribution, wastewater treatment and collection, water reuse treatment and distribution, flood control, groundwater extraction and treatment systems, and water quality.

Jeff serves as the primary point of contact with permitting and environmental resources agencies on behalf of clients to facilitate open dialogue with the agencies. Jeff has demonstrated a unique ability to assist clients in bridging technical and non-technical challenges to deliver multi-beneficial projects within budget and on schedule.

PROJECTS
Program & Project
Management
North Marin Water District 2024
Master Plan; Monterey County Water
Resources Agency, Water Supply;
City of Lathrop, Water Reuse; City
of Burlingame, Stormwater; City of
East Palo Alto, Water Distribution;
Santa Clara Valley Water District,
Flood Control; City of Tracy, Water
Supply; City of San Mateo, Street
Rehabilitation
Development & Campus
UCSF: Minnesota Street Student
House; Campus Wide Technical
Criteria Development; Weill Institute
for Neuroscience, Zuckerberg San
Francisco General Hospital’s UCSF
Research & Academic Building; UC
Berkeley, Berkeley Way Project; 100
Channel Street (SF) Owner, One
Mission Bay; Uber Headquarters, 1455
& 1515 Third Street; TNDC Candlestick
Block 10A; Mission Bay: Park P2-P8;
Park P3; TNDC, Casa Adelante 681
Florida Street
Infrastructure Design Projects
City of San Carlos Pulgas Creek
Watersed Study; North Marin Water
District Hydropneumatic Tank
Replacement, and Lynwood Pump
Station Replacement; Wastewater
Collection for the City of Pacifica;
SFPUC Treasure Island Water Resource
Recovery Facility; Water Distribution
for the City of Burlingame, Town of
Hillsborough, Valley of the Moon
Water District, & Menlo Park; Water
Treatment, City of Calistoga; City of
San Mateo, City of Los Altos, & Town of
Los Altos.

Infrastructure Construction
Management
City of Burlingame, Water Storage;
Coastside County Water District & City
of Calistoga, Water Treatment; Sewer
Authority Mid-Coastside, Wastewater
Storage; Town of Los Altos Hills,
Wastewater Collection; City of East
Palo Alto Groundwater Treatment
Jeffrey J. Tarantino, P.E
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers • Principal-In-Charge for over
$100 Million in infrastructure
improvements over the last 10
years
• Experienced with planning,
design, and construction of
infrastructure improvement
projects.
• Project Manager Pedro Point
Sanitary Sewer Rehabilitation
and Replacement Project that
was selected for the APWA &
ASCE Project of Year.
505 San Marin Dr., Ste A220
Novato, CA 94945

CERTIFICATIONS
Civil Engineer CA No. 63936

KEY EXPERIENCE

CONTACT
(650) 619-3226
[email protected]
• Bachelor of Science in Civil
Engineering
• Santa Clara University, Santa
Clara, CA

EDUCATION
• Bachelor of Science in Civil
Engineering
• Worcester Polytechnic Institute,
Worcester, MA
• Civil Engineer CA No. 72523
• Passive House Institute US
(Builder)

CONTACT
(415) 534-7070, ext. 204
[email protected]
505 San Marin Dr., Ste A220
Novato, CA 94945

CERTIFICATIONS
Civil Engineer CA No. 72523

KEY EXPERIENCE
• Experienced project manager
with a track record in highprofile public and private
projects across California and
internationally.
• Oversaw engineering design
and construction for major
pipeline projects, conducting
hydraulic analyses and utility
conflict routing.
• Directed solar PV projects,
including a 1-MW cogeneration
station and feasibility studies
for water treatment facilities,
focusing on sustainability and
innovative energy solutions.

SENIOR PROJECT MANAGER
Greg is an experienced project manager with over 26 years in the construction operations, and engineering sectors. He has played a significant role in various high-profile projects across the San Francisco Bay Area and Southern California, focusing on water-energy nexus projects.

His expertise encompasses project management for pipeline design, recycled water infrastructure, and customer retrofits resulting in conversion of over 2,000 AFY of demand to new, local, reused water. He has also spearheaded energy management strategies and solar projects for major water districts, focusing on innovative approaches to renewable energy integration. With a solid foundation in environmental engineering and project oversight, Greg is dedicated to promoting sustainable practices in infrastructure development. Additionally, he has successfully led construction activities for prestigious wineries and residential projects, effectively managing subcontracts, schedules, and budgets.

RELEVANT PROJECTS
Infrastructure Design & Planning
• East Palo Alto Sanitation District Sewer Master Plan, East Palo Alto, CA • Estero Municipal Improvement District Emergency Generator Replacement, Foster City, CA • Las Gallinas Valley Sanitation District, Marin Lagoon Pump Station Upgrade, Marin County, CA
• Alameda County Water District, Hidden Valley Tank Seismic Retrofit, Alameda County, CA • Great Oaks Water District, District Engineering, San Jose, CA • 7th and 8th Street Basin Pipeline, San Antonio Channel Pipeline Segments A and B, Inland Empire Utilities Agency, Chino, CA
• Energy Management and Reliability Study, Metropolitan Water District of Southern California
• Recycled Water Customer Retrofits, (40 sites for recycled water conversion), Los Angeles and San Bernardino Counties
• Multi-Facility Solar PV Preliminary Design and Finance Report (10-13MW), Metropolitan Water District of Southern California
• Skinner Water Treatment Plant (WTP) - 1-MW Solar Cogeneration Station, MWDSC, CA • 1-MW Solar Cogeneration Station at the Weymouth Water Treatment Plant and Feasibility Study for Full Scale PV at all WTPs, MWDSC, CA
• Water Reclamation Demonstration Plant, City of Anaheim, CA • Lake View Wastewater Treatment Plant, Town of Lake View, OR Greg Arifian, P.E.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers

EDUCATION
• Bachelor of Science in Civil
Engineering
• California Polytechnic State
University, San Luis Obispo, CA

CONTACT
510-937-2310
[email protected]
150 Executive Park Blvd. Ste 4200 San
Francisco, CA 94134

CERTIFICATIONS
• Civil Engineer CA No. 55783

KEY EXPERIENCE
• Project Manager for West Bay
Sanitary District projects for 28 years
• Regularly engaged by numerous
public agencies to provide peer
review services.
• Served as Civil Engineering Campus
Engineer for UCSF for 10 years

PRESIDENT
Rich has over 30 years of experience managing, planning, designing, and constructing various private and public agency projects, including storm drains, striping/pavement, potable water, wastewater, and facilities. He has performed as Engineer of Record for small, localized improvement projects and multidisciplinary teams for large infrastructure development projects. In addition to redevelopment work, Rich has significant program management experience providing services for public agency capital improvement projects.

He has designed the last fourteen storm drain projects for the City of Burlingame’s Storm Drain Program and was part of large infrastructure projects, such as SVCW’s RESCU program. He has extensive experience with planning, designing, and constructing various infrastructure improvement projects, including managing the design and CEQA process for work in highly sensitive areas.

PROJECTS
District Engineer/Public Works
City of Burlingame Neighborhood
Storm Drain Capital Improvement
Project; City of San Bruno Spylass
Hill Storm Drain Project; City of San
Mateo Columbia Dr./Crystal Srings
Rd. Storm Drain Improvements;
West Bay Sanitary District and East
Palo Alto Sanitary District, District
Engineer; Silicon Valley Clean Water,
Conveyance System; City of Pacifica
Wet Weather Flow Equalization Basin
Project; University of California, San
Francisco, Misc. Projects; City of San
Leandro, Wastewater Collection
Systems
Infrastructure Master Planning
& Design
Treasure Island, Stages 2 & 3;
University of California, San
Francisco; Mission Bay – Residential
Area, Park NP 1-2, Park NP 3-5, &
Park P16 projects, Mission Bay Drive
& Circle Project; Blocks 29 - 32 &
33 - 34 Utility Master Plan, South of
Channel (Chase Center); Long Range
Development Plan
Roadway & Infrastructure
Naval Training Center Drainage
Design, San Diego; Rankin Pump
Station Design, San Francisco;
Ralston Avenue Grade Separation,
Belmont; Special Weapons Area
Pump Station, NAS North Island;
Sutro Tower Improvements & Pier
45 Seismic Retrofit, San Francisco;
Guadalupe River Retaining Walls, San
Jose Bollman; Water Treatment Plant
Expansion, Concord
Office, Commerical &
Residential
Britannia Oyster Point, South San
Francisco; Hercules Properties PUD,
Hercules; McGrath Rentcorp Offices,
Livermore; Children’s Center, NAS
North Island, San Diego; Marriott
Courtyard & Bay West Cove, So.

San Francisco; Channel Street (SF)
Partners, One Mission Bay; BOSA,
Arden, San Francisco
Richard J. Laureta, P.E.

FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers

EDUCATION
• Bachelor of Science in Civil
Engineering
• San Jose State University,
San Jose, CA

CONTACT
415-534-7070
[email protected]
150 Executive Park Blvd., Ste 4200
San Francisco, CA 94134

KEY EXPERIENCE
• Parking lot and ADA design
• Water system analysis and
modeling
• Engineering planning
and design for water
infrastructure

STAFF ENGINEER
Sean is an experienced civil engineer with over 8 years of expertise in civil design, construction inspection, and the preparation of construction documents for both public infrastructure and private development projects. He has made significant contributions as a Staff Engineer on a variety of project types, enabling him to deliver high-quality solutions that meet the needs of clients and communities alike.

PUBLIC WORKS PROJECTS
Burlingame Parking Lot H
Improvements
Burlingame, CA
Town of Hillsborough Curb Ramp
Replacement Project
Hillsborough, CA
UC Berkeley Birge Hall Accessible
Pathway Improvements
Berkeley, CA
NMWD Hydropneumatic System
Replacement
Novato, CA
NMWD Lynwood Pump Station
Replacement Project
Novato, CA
NMWD 2024 Master Plan Update
Novato, CA
City of Pacifica Linda Mar Pump
Station
Pacifica, CA
City of San Mateo Pavement
Management
San Mateo, CA
Pacifica Crespi Sanitary Sewer Repair
Pacifica, CA
West Bay Sanitary District Sausal
Vista Pump Station
Portola Road, Portola Valley, CA
East Palo Alto Sanitary District
Demeter Street Pipe Replacement
East Palo Alto, CA
Burlingame Neighborhood Storm
Drain #8 Project
City of Burlingame
Sean Chou

INFRASTRUCTURE PROJECTS
India Basin Street Improvement
Plans
San Francisco, CA
India Basin Tentative Subdivision
Maps
San Francisco, CA
India Basin Basis of Design
San Francisco, CA
Mission Bay Block 1, Block 11/12,
Block 33-34, & Block 29-32 Projects
San Francisco, CA
Mission Bay Park P2 - P8
San Francisco, CA
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers

w w w.freyerlaureta.com

HEADQUARTERS
150 Executive Park Blvd.

Suite 4200
San Francisco, CA 94134
(415) 534-7070

EAST BAY
1101 Marina Village Pkwy.

Suite 104
Alameda, CA 94501
(510) 937-2310

NORTH BAY
505 San Marin Dr.

Suite A220
Novato, CA 94945
(415) 534-7070

SOUTH BAY
20863 Stevens Creek Blvd.

Suite 400
Cupertino, CA 95014
(408) 516-1090

90 City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: Project #:

Zone 2 Reduced Water Pressure Zone 562-56411
Description/Justification:

The Balfour Road and Summerset Drive pressure-reducing valve provides flow to provide service pressure to the Apple Hill and Summerset 1 neighborhoods during peak high demand periods. This flow is largely made available by the pumping provided by Pump Stations 2.1 and 2.2, creating higher energy costs for the City. This project will isolate the valves within these neighborhoods from Zone 1 and make the area a “Zone 2 – Reduced” pressure zone. This new zone would be serviced exclusively by the Sand Creek and Balfour pressure reducing stations and, as each reducing station has more than one valve and enough capacity for fire flow demands, these pressure reducing valves would only allow as much flow as is required by the residences in this area.

Project Status:

The design and construction phases are anticipated for FY 2024/25.

Supplemental Information:

This project will be fully funded by the Water Enterprise Fund.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 10,000 $ 10,000
90040 Planning and Design 75,000 $ 75,000
90050 Construction 400,000 $ 400,000
90070 Project Administration 50,000 $ 50,000
TOTAL 535,000 $ 535,000 $
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47560 Enterprise 535,000 $ 535,000
TOTAL 535,000 $ 535,000 $

PROJECT FINANCING CURRENT PROPOSED
Project Category: Water Improvements
Location: Apple Hill Estates and Summerset 1
Project Manager: V. Patel
Project Priority: 2C - Necessary
Est. Completion Date: 2024/25
Future Annual
O & M Impact: $0
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1

CITY COUNCIL AGENDA ITEM NO. E.9
05/27/2025
SUBJECT: Award of contract to Saboo Inc. for the Parking Garage Security and Safety Enhancements, CIP Project No. 337-37262
DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Aman Grewal, Associate Engineer
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a contract and necessary documents with Saboo Inc. in the amount of $250,000, plus funding authorization for a 15% contingency of $37,500, for a total funding authorization not-to-exceed amount of $287,500, for the Parking Garage Security and Safety Enhancements Project, CIP Project No. 337-37262 (“Project”).

FISCAL IMPACT
If approved, the total funding authorization for the contract is $287,500, including a 15% contingency.

Staff is requesting 15% contingency to allow for any unforeseen conditions and issues that may arise from working in an already-constructed facility.

The Project is included in the amended 2024/25 - 2028/-2029 Capital Improvement Program (“CIP”) and is funded by the General Fund. Any remaining funds at the conclusion of the Project would be returned to the General Fund.

BACKGROUND
As a result of an increase in crime, vandalism, and property damage at the Civic Center Parking Garage, the City Council gave direction to staff to implement the Project with the intent to provide better security and safety enhancements to the garage.

This Project will install a vehicle barrier arm gate at the entrance of the garage, and traffic control spikes at the exit of the garage, to limit vehicular entry to the garage for the public during the currently posted closure hours from 10 pm to 5 am Sunday

CITY COUNCIL AGENDA ITEM NO. E.9
05/27/2025
through Thursday, and 12 am to 5 am on Friday and Saturday. Vehicles may exit the garage at any time. Pedestrian access is not restricted. The Project will also install a vehicle counter system and a public display advising garage users of the number of available stalls.

The Project was advertised on January 31, 2025, and the bid opening was held on February 26, 2025; no bids were received. Per the Public Contract Code section 22038, if no bids are received, a project may be completed by negotiated contract.

Staff contacted the potential bidders on the plan holders list to understand their reasons for not submitting a bid for the Project. Only one contractor, Saboo Inc., had interest in submitting a bid for the full scope of work of the Project, but was unable to receive pricing on materials to submit its bid prior to the deadline.

Thereafter, Staff negotiated a contract and cost proposal with Saboo Inc. to complete the Project.

In conformance with the Public Contract Code, staff recommends that the City Council award the contract to Saboo Inc., and authorize the City Manager or designee to execute a contract and necessary documents with Saboo Inc. in the amount of $250,000, plus funding authorization for a 15% contingency of $37,500, for a total funding authorization not-to-exceed amount of $287,500, for this Project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, Goal 1.e.: Improve safety in Parking Garage.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.9
05/27/2025

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify the scope of work and re-advertise Project for bids.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract with Saboo Inc.

4. CIP Budget Sheet

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 February 22, 2022, by Resolution No. 2022-25, the City Council adopted the draft Strategic Plan FY 2022/23 – FY 2023/24. The Strategic Plan identified Focus Area 1:

Public Works, Goal 1e: Improve safety in Parking Garage.

On June 28, 2022, by Resolution No. 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 CIP, which includes the Project.

On February 14, 2023, by Resolution 2023-18, the City Council approved and adopted the Revised City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the City’s 2023/24 – 2027/28 CIP, which includes the Project.

On May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which includes the Project.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE

A CONTRACT AND NECESSARY DOCUMENTS FOR THE PARKING

GARAGE SECURITY AND SAFETY ENHANCEMENTS, CIP PROJECT
NO. 337-37262, WITH SABOO INC. IN THE AMOUNT OF
$250,000 PLUS FUNDING AUTHORIZATION FOR A 15%
CONTINGENCY OF $37,500, FOR A TOTAL FUNDING
AUTHORIZATION NOT TO EXCEED AMOUNT OF $287,500
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Parking Garage Security and Safety Enhancements, CIP Project No. 337-37262 (“Project”); and
WHEREAS, the Project will install a vehicle barrier arm gate at the entrance of the garage, traffic control spikes at the exit, vehicle counter system and display at the City Hall Parking structure; and
WHEREAS, the Project was advertised on January 31, 2025, the bid opening occurred on February 26, 2025, and no bids were received; and WHEREAS, per California’s Public Contract Code section 22038, the City can directly negotiate a contract if no bids are received through the bidding process; and WHEREAS, staff negotiated a contract and cost proposal with Saboo Inc., which was the only potential bidder from the plan holders list that had interest in submitting a bid originally.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents and authorize the City Manager or designee to execute a contract and necessary documents with Saboo Inc. in the amount of $250,000, plus funding authorization for a 15% contingency of $37,500, for a total funding authorization not-to-exceed amount of $287,500.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of May 2025 by the following vote:

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Saboo Inc. (“Contractor”), for work on the Parking Garage Security & Safety Enhancements, CIP No. 337-37262 (“Project”).

Recitals
A. The Project requires the installation of a vehicle barrier arm gate at the entrance and traffic control spikes at the exit to limit vehicular access; as well as installation of a vehicle counter system and a parking display for the available spots.

B. On January 31, 2025, the City published a Notice Inviting Bids for the Project. The Notice Inviting Bids established a bid deadline of February 26, 2025.

C. On February 26, 2025, the City did not receive any bids for the Project.

D. Therefore, this Contract has been awarded on a negotiated basis, pursuant to Public Contract Code § 22038(c).

Pursuant to the foregoing recital and the consideration recited herein, the parties agree to the following terms and conditions:

1. Award of Contract. On May 27, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Contract;

2.2 Payment and Performance Bonds;

2.3 General Conditions;

2.4 Special Conditions;

2.5 Project Plans and Specifications;

2.6 Change Orders, if any;

2.7 Price Schedule;

2.8 Notice to Proceed; and

2.9 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

3.1 Licenses. This Project requires a valid California contractor’s license for the following classification: Class C-10. Contractor must obtain a City business license within ten days following the date of Contract award set forth in Section 1, above.

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 2
Subcontractors must also obtain a City business license before performing any Work.

3.2 Payment and Performance Bonds. Within ten days following the date of Contract award set forth in Section 1, above, Contractor must provide payment and performance bonds, each for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California, as further specified in the Contract Documents, using the bond forms included in the Contract Documents.

3.3 Insurance. Within ten days following the date of Contract award set forth in Section 1, above, Contractor must provide the insurance certificate(s) and endorsement(s) required by the Contract Documents, as further specified in Article 4 of the General Conditions.

3.4 In-Use Off-Road Diesel-Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within ten calendar days following the date of Contract award, Contractor must submit to City valid Certificates of Reported Compliance for its fleet and its Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation.

3.5 Non-Compliance.
(A) If Contractor fails to comply with the requirements set forth in subsections 3.1 through 3.4 within the specified time, the City may terminate this Contract for non-compliance, and the City will have no obligation to compensate Contractor for any expenses incurred prior to termination, notwithstanding any provision to the contrary in Article 13 of the General Conditions.
(B) If Contractor fails to execute this Contract within ten days following the date of Contract award set forth in Section 1, above, this Contract will become null and void, unless City waives or modifies this provision in writing.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $250,000 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

4.1 Price Schedule. The item prices listed in the Price Schedule attached to this Contract and incorporated herein include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. The quantities shown on the Price Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Price Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity.

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 3

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 30 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

7.3 DIR Registration. Contractor and each Subcontractor must be registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

7.4 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, pursuant to Labor Code § 1771.4.

7.5 Ineligible Subcontractors. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ 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.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 4
and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful Contractor may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Contractor directed to contact the affected utility owners about their requirements sufficiently in advance to obtain any required approvals from utility owner.

12. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and Contractor may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after the date of Contract award, as set forth in Section 1, above, unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c).

13. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to postpone or abandon the Project entirely or to perform all or part of the Work with its own forces. City reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions Contractor might draw from the presence or absence of information provided by the City in any form.

14. Contractor’s Certifications and Warranties. By signing this Contract, Contractor certifies and warrants the following:

14.1 Examination of Contract Documents. Contractor has thoroughly examined the Contract Documents and represents that, to the best of Contractor’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104.

14.2 Examination of Worksite. Contractor has had the opportunity to examine the Worksite and local conditions at the Project location. Contractor is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed.

14.3 Contractor Responsibility. Contractor is a responsible contractor, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

14.4 Responsibility for Price Schedule. Contractor has carefully reviewed its Price Schedule and is solely responsible for any errors or omissions contained in its Price Schedule. Contractor is solely responsible for all of its costs to prepare its Price Schedule, including site investigation costs, and by submitting its Price Schedule waives any right to recover those costs from City.

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 5

15. Subcontractor Work Limits. Contractor must perform at least 51% of the Work on the Project, calculated as a percentage of the Contract Price, with its own forces

16. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Brentwood
Engineering Department
150 City Park Way
Brentwood, CA 94513
925.516.5420
Attn: Aman Grewal, Associate Engineer
[email protected]
Contractor:

Name: Saboo Inc.

Address: 415 Beatrice Court, Suite H
City/State/Zip: Brentwood, CA 94513
Phone: (925) 418-4447
Attn: Toheed Asghar
Email: [email protected]

17. General Provisions.

17.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

17.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

17.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

17.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

17.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

17.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 6

17.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

17.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

17.9 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically. [Signatures are on the following page.]

Parking Garage Security & Safety Enhancements CA 05-21-25 CONTRACT CIP Project No. 337-37262 Page 7
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Darin Gale, Interim City Manager Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Saboo Inc., __________________
Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 17.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Parking Garage Security & Safety Enhancements CA 05-21-25 PRICE SCHEDULE CIP Project No. 337-37262 Page 8
Price Schedule
The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead..

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) ITEM
NO. ITEM DESCRIPTION EST. QTY. UNIT UNITCOST

EXTENDED

TOTAL AMOUNT
1 Mobilization 1 LS $25,000 $25,000
2 Traffic Control 1 LS $35,000 $35,000
3 Parking Control Equipment 1 LS $135,000 $135,000
4 Parking Guidance System 1 LS $55,000 $55,000
TOTAL CONTRACT PRICE: Items 1 through 4 inclusive: $250,000_____________________

END OF PRICE SCHEDULE

Parking Garage Security & Safety Enhancements CA 05-21-25 PAYMENT BOND CIP Project No. 337-37262 Page 9
Payment Bond
The City of Brentwood (“City”) and Saboo, Inc.____ (“Contractor”) have entered into a contract for work on the Parking Garage Security & Safety Enhancements, CIP No. 337-37262 (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $250,000__, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]

Parking Garage Security & Safety Enhancements CA 05-21-25 PAYMENT BOND CIP Project No. 337-37262 Page 10

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 2025
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

Saboo Inc.__________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ Darin Gale, Interim City Manager Date

END OF PAYMENT BOND

Parking Garage Security & Safety Enhancements CA 05-21-25 PERFORMANCE BOND CIP Project No. 337-37262 Page 11
Performance Bond
The City of Brentwood (“City”) and Saboo Inc., ___ (“Contractor”) have entered into a contract for work on the Parking Garage Security & Safety Enhancements, CIP No. 337-37262 (“Project”).

The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $250,000__ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________

Parking Garage Security & Safety Enhancements CA 05-21-25 PERFORMANCE BOND CIP Project No. 337-37262 Page 12
City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2025.

SURETY:

Saboo Inc.__________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ Darin Gale, Interim City Manager Date

END OF PERFORMANCE BOND

Parking Garage Security & Safety Enhancements CA 05-21-25 GENERAL CONDITIONS CIP Project No. 337-37262 Page 13
General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day,” or “working day.”
Allowance means a specific amount that must be included in the Price Schedule for a specified purpose (if applicable).

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.

City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and their authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Contract and attached Price Schedule; Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies, or equipment following execution of the Contract.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work.

Day means a calendar day unless otherwise specified.