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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.
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.
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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:
For City:
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5163
Attn: Brant Wilson
Email: [email protected]
For Consultant:
Name: WHB Engineers
Attn: Randall Krejcarek
Address: 3130 La Selva Street, Suite 100
San Mateo, CA 94403
Phone No.: 650-286-8417
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,
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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 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
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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 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.
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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: Brandon S. Davis
Title: President
** By:
Printed Name: Kevin Phelps
Title: CFO
CITY:
By:
Terrance Davis, Acting City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Thomas Lloyd Smith, City Attorney
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AGREEMENT FOR CIVIL ENGINEERING SERVICES
WHB Engineers
Brentwood Boulevard Sanitary Sewer Rehabilitation Project, CIP No. 592-59209 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 30 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 30 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. Within 60 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary estimate of the cost to construct the Project. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission of the Schematic Design Documents, Design Development Documents, and Construction Documents, respectively. If at any time, an updated
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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 20 percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant 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:
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(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: Once a week as necessary (H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as specified: Once a week as necessary (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.
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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 5 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.
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-of-court 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.
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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 following document(s): CCTV Inspection Reports
PART TWO - PROPOSED PROJECT SCHEDULE
ACTIVITY PLANNED DATES/TIME
RFP Issued May 1, 2026
Request for Information Deadline May 27, 2026
Proposal Deadline June 5, 2026
Interviews (if requested by City) June 10, 2026
Notice of Selection June 15, 2026
Council or awarding officer Consideration of
Award
July 28, 2026
Commence Services August 10, 2026
Design Project Completion March 31, 2027
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AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”
REQUEST FOR PROPOSALS
City of Brentwood
Brentwood Boulevard Sanitary Sewer Rehabilitation Project, CIP No. 592-59209 [INTENTIONALLY LEFT BLANK]
City Attorney Approved Version 03072024
City of Brentwood
REQUEST FOR PROPOSALS
For
Brentwood Boulevard Wastewater Rehabilitation Project
CIP Project No. 592-59209
Date of Issuance: May 1, 2026
Request for Information Deadline: May 27, 2026
Proposal Deadline June 5, 2026
City of Brentwood
Request for Proposals
Page | 1
City Attorney Approved Version 03072024
CITY OF BRENTWOOD
REQUEST FOR PROPOSALS
The City of Brentwood (“City”) requests proposals (“Proposals”) from qualified individuals or firms (individually, a “Respondent” and collectively, “Respondents”) for civil engineering services for its Brentwood Boulevard Wastewater Rehabilitation Project, CIP Project No. 592- 59209 (“Project”).
1. ABOUT THE CITY
The City is a general law city located in east Contra Costa County, with an estimated population of 65,300. Additional information about the City is available online at:
https://www.brentwoodca.gov.
2. THE PROJECT
A. Summary. The City requires civil engineering services (“Services”) for its Project.
The Project involves replacing approximately 2,600 linear feet of existing sanitary sewer main of varying sizes along Brentwood Boulevard between Oak Street and Havenwood Avenue. The material of the sewer main is primarily clay, which was installed an estimated 68 years ago with no records of previous rehabilitation being performed. With an expected life span of 50-60 years for clay, the sewer main is due for rehabilitation and/or replacement. In addition, there are approximately 22 sanitary sewer manholes in need of rehabilitation as they are primarily brick. There is also a need to construct/install approximately six (6) new manholes to allow for better cleaning, maintenance, and operation.
The Services required for the Project include civil engineering services to develop and prepare construction design documents for the Project.
B. Form of Agreement. A copy of the City’s standard Engineering Services Agreement (“Agreement”), is attached and incorporated as Exhibit B. 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.
C. Scope of Services. The required Scope of Services is attached and incorporated as Exhibit A. By submitting a Proposal, the Respondent represents that it is fully qualified and available to provide the Services set forth in the Scope of Services at the price set forth in its Proposal, and that it agrees to provide those Services if it is awarded the Agreement, which will attach and incorporate the Scope of Services.
3. REQUEST FOR PROPOSAL PROCEDURES
A. Requests for Information. Questions or objections relating to the Request for Proposal (“RFP”), the RFP attachments, the RFP procedures, the Project, or the required Services may only be submitted via email to Brant Wilson, Associate Civil Engineer, at [email protected] by 5:00 p.m., May 27, 2026 (the “Request for Information
City of Brentwood
Request for Proposals
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City Attorney Approved Version 03072024
Deadline”). Any questions or objections that are not submitted in the manner specified and by the Request for Information Deadline will be deemed waived. City will not be bound by the oral representations of any City officials, employees, or representatives.
All Requests for Information will be responded to within 7 work days of receipt. If information provided in such response is material to the overall RFP, a written addendum to the RFP will be sent to all known Respondents via email and posted on the City’s website at: www.brentwoodca.gov/government/projects-bids-rfps.
B. Submittal Instructions. Proposals must be received by the City by or before June 5, 2026 at 5:00 p.m. Pacific Daylight Time (“Proposal Deadline”). Respondent must submit one copy of the Proposal in electronic format (pdf or Word) via email to, Brant Wilson, Associate Civil Engineer, at [email protected] with the subject line stating: “Proposal for Brentwood Boulevard Wastewater Rehabilitation Project, CIP Project No. 592-59209 by the Proposal Deadline. Late submissions will be disregarded.
C. Planned RFP Schedule. The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this RFP:
ACTIVITY PLANNED DATES/TIME
RFP Issued May 1, 2026
Request for Information Deadline May 27, 2026
Proposal Deadline June 5, 2026
Interviews (if requested by City) June 10, 2026
Notice of Selection June 15, 2026
Council or awarding officer Consideration of Award July 28, 2026 Commence Services August 10, 2026
Project Completion March 31, 2027
D. Addenda. City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Exhibits to this RFP. Addenda will be posted on the City’s website at www.brentwoodca.gov/government/projects-bids-rfps. Each Respondent is solely responsible for checking the City’s website for addenda, and for reviewing any and all addenda before submitting its Proposal.
4. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume. Unless requested, do not attach brochures or promotional materials to the Proposal. Proposals should not exceed 10 one-sided pages, excluding any tabs or dividers. However, resumes may be included in an appendix and will not be counted in the total page count. By submitting a Proposal, the Respondent agrees that the lump sum price and proposed approach to providing the Services, including staffing, constitute a firm offer to enter into the Agreement with the City, and that the offer will remain open for 60 days following the Proposal Deadline.
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A. Cover Letter. Provide a brief cover letter that includes all of the following information:
(1) Respondent’s name, address, phone number, and website address; (2) type of organization (e.g. corporation, partnership, sole proprietorship; and State of formation);
(3) a summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and (4) contact information, including name, title, address, phone number, and email, of Respondent’s primary representative for purposes of this RFP.
The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.
B. General Qualifications. Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.
C. Experience. Identify services Respondent has provided in the last five years for projects that are similar in scope and nature to the Project described in this RFP, particularly with respect to services provided to other cities or public agencies. For each example, provide (1) a brief description of the services provided, (2) an explanation of why this experience is relevant to the required Services, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).
D. Staffing. Identify by name and title Respondent’s key personnel that will be assigned to provide the Services and for each, include a resume with his or her education, training, and experience. Identify by name, address, and website, each subconsultant or subcontractor, if any, that will be involved with providing the Services, including the proposed role for each such subconsultant or subcontractor. Include all applicable license numbers for any license required to perform the Services.
E. Price. 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, the insurance required under the terms of the Agreement, travel fees, and any additional cost(s) the City would incur if Respondent is awarded the Agreement. Attach a copy of billing rates that would apply to any authorized additional Services.
F. Proposed Approach. Briefly describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services and/or cost savings for the Project as a whole.
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5. EVALUATION
The factors that the City will consider in evaluating Proposals are as follows:
• Cost Proposal 0-30 points
• General qualifications 0-20 points
• Relevant experience 0-15 points
• Proposed technical approach 0-20 points
• Proposed staffing and Availability 0-15 points
6. SELECTION AND AWARD
A. Review. Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in Section 5, above. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. Acting in its sole discretion, the City may elect to conduct interviews with shortlisted Respondents. Interviews are not public meetings as defined by California open meeting laws (the Brown Act).
B. Award. The City staff will recommend award of the Agreement, if at all, to the Respondent that is determined by the staff to offer the best value to the City based on the City’s review, as outlined above. City staff will submit its recommendation to the City Council or the awarding officer, as applicable, for award of the Agreement to the Respondent that it determines to offer the best value. The Respondents will be notified of staff’s intended recommendation by email. The City Council or awarding officer will award the Agreement, if at all, to the Respondent that is determined by the City Council, acting in its sole discretion, to offer the best value to the City.
C. Protest Procedures. Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the Notice of Selection. The protest must be submitted in writing via email to Brant Wilson, Associate Civil Engineer, at [email protected], and must clearly specify the basis for the protest. The protest will be reviewed by Allen Baquilar, Director of Engineering, in consultation with the City Attorney’s Office, and the reviewing individual’s determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of the Agreement and commencement of the Services notwithstanding any pending protest or legal challenge.
7. MISCELLANEOUS
A. Disclaimers and Reservation of Rights. Upon receipt, each Proposal becomes the sole property of City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Services at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to
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reject any Proposal that is determined to contain false or misleading information, or material omissions.
B. Conflict of Interest. Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Services to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities.
City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.
C. Public Records. The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”), and each Proposal submitted to the City is subject to disclosure as a public record, unless the Proposal or any portion thereof is exempt under the Act. If a Respondent believes that any portion of its Proposal is exempt from disclosure under the Act, it must clearly identify the portion(s) it believes to be exempt and identify the basis for the exemption. Each Respondent bears the burden of proving any claimed exemption under the Act, and by submitting a Proposal, a Respondent agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the Proposal or any portions thereof.
Attachments:
Exhibit A – Scope of Services
Exhibit B – Form of Agreement
Exhibit C – CCTV Inspection Reports
6 Exhibit A – Scope of Services
The selected firm shall provide comprehensive civil engineering services, including but not limited to:
1. Project Management
• Providing a schedule of services timeline along with regular schedule updates as part of the monthly project status reports.
• Participating in an initial kick-off meeting with stakeholders. • Participating in progress meetings during the design phase to review design, constructability, and construction cost estimates as well as comments from stakeholders (as needed).
2. Design
• Assisting the City and providing their engineering recommendation on design and construction for the Project.
• Review of CCTV and Inspection Reports
• Identify repairs and provide recommendations
• Preparing Construction Documents (Plans, Specifications, and Construction Cost Estimates):
• Preparing 65%, 90%, 100% design submittal including plans, technical specifications, and construction cost estimates; and
• 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 facilities to be constructed.
• The City can provide Geographic Information System (GIS) maps and associated geospatial data layers for all City-owned assets.
• The City can provide CCTV video to the design consultant upon request.
3. Coordination
• Coordinating with all affected local agencies and utilities is essential to the success of this Project.
Local agencies and utilities that may be affected by this Project include, but are not limited to:
• Pacific Gas and Electric (PG&E); AT&T; Comcast; Contra Costa County Flood Control District; City of Brentwood - sewer, potable and non-potable water, storm drain, fiber optic, SCADA, landscape, irrigation, and street lights.
• Providing support for the preparation for the CEQA Notice of Exemption (as needed).
4. Bidding Support
• Providing bidding and post-bidding support services including, but not limited to:
• Responding to requests for information during bidding; • Preparing addenda, supplementary drawings, and revising specifications; • Reviewing bid proposals (as needed); and
• Responding to clarifying questions from apparent low bidder.
5. Construction Administration
• Providing construction administration services including, but not limited to:
• Preparing and providing a stamped conformed set of issued construction documents with all addenda and plan check comments in PDF and CAD formats; • Participating in weekly field visits and construction meetings (if needed); • Reviewing and responding to submittals and requests for information; • Providing clarifications of the construction documents, as needed;
7 • Participating in field visits to address issues with design, provide guidance and direction to the contractor, and perform inspections (as needed);
• Participating in the punch-list walkthrough; and
• Preparing and providing a conformed set of as-built plans in PDF and CAD formats.
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Exhibit B – Form of Agreement
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 _________________, 20____ 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 Brentwood Boulevard Wastewater Rehabilitation Project, CIP Project No. 592-59209 (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 May 1, 2026 (“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 June 5, 2026 (“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.
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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.
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 Brant Wilson.
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
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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.
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.
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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 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,
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“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.
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
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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.
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.
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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:
For City:
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5163
Attn: Brant Wilson
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.
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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 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,
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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 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.
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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:
G. Harold Duffey, City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Thomas Lloyd Smith, City Attorney
City Attorney Approved Version 040821 18
AGREEMENT FOR CIVIL ENGINEERING SERVICES
<Name of Consultant>
Brentwood Boulevard Wastewater Rehabilitation Project, CIP No. 592-59209 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 30 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 30 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. Within 60 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary estimate of the cost to construct the Project. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission of the Schematic Design Documents, Design Development Documents, and Construction Documents, respectively. If at any time, an updated
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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 20 percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant 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:
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(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: Once a week as necessary (H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as specified: Once a week as necessary (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.
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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 5 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.
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-of-court 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.
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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 following document(s): CCTV Inspection Reports
PART TWO - PROPOSED PROJECT SCHEDULE
ACTIVITY PLANNED DATES/TIME
RFP Issued May 1, 2026
Request for Information Deadline May 27, 2026
Proposal Deadline June 5, 2026
Interviews (if requested by City) June 10, 2026
Notice of Selection June 15, 2026
Council or awarding officer Consideration of
Award
July 28, 2026
Commence Services August 10, 2026
Project Completion March 31, 2027
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AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”
REQUEST FOR PROPOSALS
City of Brentwood
Brentwood Boulevard Wastewater Rehabilitation Project, CIP No. 592-59209 [Attach City’s RFP, including any exhibits thereto.]
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AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “C”
PROPOSAL
<Name of Consultant>
City of Brentwood
Brentwood Boulevard Wastewater Rehabilitation Project, CIP No. 592-59209 [Attach Consultant’s Proposal, including any exhibits thereto.]
25 Exhibit C – CCTV Inspection Reports
ENGINEERING DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Phone 925.516.5420 FAX 925.516.5421
www.brentwoodca.gov
May 28, 2026
ADDENDUM NO. 1
Request for Proposals – Brentwood Boulevard Wastewater Rehabilitation Project CIP Project No. 592-59209
NOTICE TO BIDDERS:
The following clarifications, amendments, additions and/or deletions as set forth herein shall apply to the above documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally specified and/or shown. Submitters shall assure themselves that all addendum changes have been incorporated into their proposal.
A. ADDITIONS/DELETIONS
1. Replace Section 11 of Exhibit B with the REVISED Indemnification section:
"11. Indemnification. To the fullest extent permitted by law, subject only to the limitations of Civil Code section 2782.8, Consultant must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Consultant or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of the Agreement with respect to Liability arising during the term of the Agreement."
2. Replace Section 4 of the RFP with the REVISED paragraph:
“Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume.
Unless requested, do not attach brochures or promotional materials to the Proposal. Proposals should not exceed 10 one-sided pages, excluding any tabs or dividers. However, resumes may be included in an appendix and will not be counted in the total page count. By submitting a Proposal, the Respondent agrees that the pricing and proposed approach to providing the Services, including staffing, constitute a firm offer to enter into the Agreement with the City, and that the offer will remain open for 60 days following the Proposal Deadline.”
RFP for Brentwood Boulevard Wastewater Rehabilitation Project Addendum No. 1
May 28, 2026
ENGINEERING DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Phone 925.516.5420 FAX 925.516.5421
www.brentwoodca.gov
B. CLARIFICATIONS
1. Will you entertain proposed changes to the agreement, especially the indemnity clause to align with CA Civil code 2782.8 for design professional services? The indemnification section has been updated to align with Civil Code 2782.8.
2. In Section 4 (page 2) Proposal Requirements it mentions “The respondent agrees that the lump sum price and...” and on page 15 of the Draft Agreement, it specify “Will not exceed lump sum fee payable…”, but then on page 11 of the agreement 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”?
Can you please clarify if this is a “lump sum” proposal or a “not to exceed amount based on rate schedule”?
The contract is not to exceed amount based on rate schedule.
3. Would the City be open to extending project limits? For example, extend limits to the nearest manhole.
Yes, the City would be open to extending the project limits where it is reasonable and improves constructability, while not introducing new risks or complexities, and remains within project budget.
4. Is the Cover Page counted towards the 10-page limit? The cover page will not count towards the 10-page limit.
5. If we have 11"x17" pages in our proposal (ex: for the Price section), is it counted as 1 page or 2 pages?
11” x 17” will be counted as one page for plans and estimates. -END OF ADDENDUM NO. 1-
Brant Wilson, P.E.
Associate Civil Engineer
17 AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “C”
PROPOSAL
WHB Engineers
City of Brentwood
Brentwood Boulevard Sanitary Sewer Rehabilitation Project, CIP No. 592-59209 [INTENTIONALLY LEFT BLANK]
PROPOSAL FOR
The City of Brentwood
Brentwood Boulevard Wastewater Rehabilitation
CIP Project No. 592-59209
WHB Engineers
3130 La Selva Street, Suite 100
San Mateo, CA 94403
June 5, 2026
whbengineers.com [email protected]
June 5, 2026
Mr. Brant Wilson
Associate Civil Engineer
The City of Brentwood, Engineering Department
150 City Park Way
Brentwood, CA 94513
Subject: Proposal for Brentwood Boulevard Wastewater Rehabilitation Project, CIP Project No. 592-59209
Dear Mr. Wilson:
WHB (formerly Wilsey Ham) is pleased to submit our proposal to provide civil engineering services for the Brentwood Boulevard Wastewater Rehabilitation Project. We appreciate the opportunity to be considered for this high-priority infrastructure project.
WHB is a California C-Corporation with offices in San Mateo, San Diego, Dublin, Pleasant Hill, and Chico, employing 68 professionals. As a well-established firm, we provide comprehensive civil engineering, design, utility coordination, and construction management services. The required Scope of Services aligns perfectly with our technical strengths, and we are highly motivated to assist the City in delivering a resilient project on time and within budget.
WHB is uniquely positioned to execute this project successfully. Our team recently delivered comprehensive sewer system evaluations, trenchless repair recommendations, and pipeline rehabilitation designs for multiple neighboring Bay Area municipalities.
Our Project Supervising Engineer is Eric Cohen, P.E. Eric brings over 18 years of public infrastructure design experience and will be the responsible in charge of the services. He is NASSCO PACP/LACP/MACP certified and has successfully managed numerous sewer rehabilitation projects throughout the greater San Francisco Bay Area.
As the President of WHB, I am fully authorized to bind the firm by contract. By submitting this proposal, WHB agrees to enter into the City’s standard Engineering Services Agreement with no exceptions. We confirm that our proposed approach and pricing constitute a firm offer that will remain open for 60 days following the Proposal Deadline.
Primary RFP Representative Contact Information:
• Firm Name & Address: WHB, 3130 La Selva Street, Suite 100, San Mateo, CA 94403 • Representative: Brandon Davis, P.E., President / Senior Principal Engineer • Email & Phone: [email protected] | (650) 286-8428 • Corporate Website: www.whbengineers.com
Sincerely,
Brandon Davis, P.E.
President / Senior Principal Engineer
Contents
A Cover Letter ..................................................................................................................... 1 B General Qualifications ...................................................................................................... 1 C Experience ....................................................................................................................... 1 C.1 El Camino Real & Large Diameter Sanitary Sewer Rehabilitation – Phase 1 – City of San Mateo 1
C.2 Hillsborough Parrot-Glenbrook-Melrose SS Rehabilitation Study & Design – Town of Hillsborough ........................................................................................................................ 2 C.3 El Camino Real Sewer & Adeline Water Main Replacement Project – City of Burlingame . 2 C.4 San Bruno Avenues Water and Sewer Replacement Projects – City of San Bruno ........... 3 D Project Team .................................................................................................................... 4 D.1 Organizational Chart ................................................................................................. 4 D.2 Key Staff ................................................................................................................... 4 D.3 Subconsultants ......................................................................................................... 5 E Price................................................................................................................................ 6 F Proposed Approach .......................................................................................................... 6 F.1 Task 1: Project Management ...................................................................................... 6 F.2 Task 2: Design ........................................................................................................... 8 F.3 Task 3: Coordination .................................................................................................. 9 F.4 Task 4: Bidding Support ........................................................................................... 10 F.5 Construction Administration .................................................................................... 10
City of Brentwood – Brentwood Bou lev ard Wastewater Rehab ilitation Project whbengineers.com 1
A Cover Letter
A Cover Letter is included before the Table of Contents.
B General Qualifications
WHB is a well-established firm providing comprehensive engineering, design, survey, and construction management services. Our team of skilled professionals, supported by a dedicated staff, has successfully delivered numerous projects across various sectors.
WHB (formerly Wilsey Ham) is an 84-year-old civil engineering and land surveying firm that has been serving public agencies in the San Francisco Bay area since 1942. We currently have 68 employees in five offices located in San Mateo, San Diego, Dublin, Pleasant Hill and Chico. All services for this project will be out of our San Mateo office. From our inception, we have assisted local governments throughout the Bay Area with all manner of civil engineering and land surveying needs, including extensive work on sanitary sewer rehabilitation projects, most recently in San Mateo, Burlingame, San Bruno, San Carlos, Daly City, South San Francisco and Berkeley.
WHB has the skills, abilities, and staff availability to execute the required Services outlined in the Scope of Service, helping the City Brentwood continue delivering projects for the benefit of its citizens. Our long history in Bay Area, recognized experience in successfully delivering similar projects, and the dedication you only get from a local company make WHB the trusted partner you want to work with on this contract.
C Experience
WHB brings decades of demonstrated experience delivering, sewer rehabilitation, pump station, wastewater treatment, process equipment replacement, and related wastewater projects for municipal clients across California. The firm has built lasting relationships with public agencies by consistently completing comparable on-call engineering assignments on schedule, within budget, and to the satisfaction of client staff.
C.1 El Camino Real & Large Diameter Sanitary Sewer Rehabilitation – Phase 1 – City of San Mateo
Services Provided: This project included cleaning and CCTV inspections of 40,000 linear feet of all sanitary sewer mains 12-inches and smaller located within Caltrans Right-of-Way and associated inspections of 199 manholes, reviewing of the inspection video and data collected, reviewing of additional large-diameter CCTV inspections previously collected, evaluating the inspection data, and proposing the repair and rehabilitation of the deficient pipe based on the City’s budget.
A key challenge for the project was coordinating the CCTV inspections within Caltrans Right-of-Way. An existing annual permit the City has with Caltrans for maintenance of their system was utilized for the inspections. Lane closures needed to be coordinated with Caltrans one week prior to planned closure. If another closure was scheduled within two miles of our inspections, we would not be allowed to work. This resulted in dynamic changes to the inspection plan to allow the project to move forward.
As the data was collected by the CCTV crew, they were submitted to our engineers on a weekly basis so we could review the video and reports simultaneously. A spreadsheet was created to track the deficiencies in each pipe segment and grade the pipe segment overall. This allowed us to visualize the worst pipe segments and determine when the entire pipe needed to be replaced. The deficient pipes were also
City of Brentwood – Brentwood Bou lev ard Wastewater Rehab ilitation Project whbengineers.com 2
compared against the maps to determine which segments were critical, serving the largest number of services. This informed the decision making to determine the priority of the repairs considering the City’s construction budget. Once the recommendations had been made, a BOD Memo was prepared and submitted to the City. Final recommendations included 44 spot repairs, 2,250 linear feet of pipe bursting, and 910 linear feet of open trench repair.
Phase 2 of the project will include preparation of the construction documents for bidding.
Relevancy: Like the Brentwood project this project involved the rehabilitation of existing sewers that have reached their life expectancy.
Reference: Laura Webb, Sr Engr., 330 W. 20th Ave., San Mateo, CA 94403, (650) 522-7322, [email protected]
C.2 Hillsborough Parrot-Glenbrook-Melrose SS Rehabilitation Study & Design – Town of Hillsborough
Services Provided: This project included the investigation for recommendations for the replacement of existing sanitary sewer mains, which included: mapping of the existing sanitary sewer system; evaluation of 3,000 LF of sewer pipe along an existing creek; evaluation of 4,800 LF of sewer pipe in existing roadway; evaluation of three sanitary sewer main creek crossings; preparation of Basis of Design and Conceptual Designs with rehabilitation recommendations and design options; coordination with environmental specialist for design constraints; preparation of Preliminary Estimate.
The project included several thousand feet of sanitary sewer main that was installed along a creek adjacent to Parrot Drive. The existing discharge from Parrot Drive was installed in a creek bank with a 50% slope. The existing pipe along the top of bank of creek was exposed in several areas due to creek bank erosion. The main also crossed the creek aerially at several locations.
Several site visits were conducted to evaluate the condition of the main and to determine rehabilitation options. In addition, CCTV video and logs were analyzed as needed. Due to the condition of the creek bank, construction accessibility concerns, and locations of aerial creek crossings, different options for the alignment of the pipe and the rehabilitation method needed to be developed. The options developed, which included pipe bursting, main relocation and aerial crossing reinforcements, were prepared in an exhibit for the Town to evaluate. Once the Town had decided on the options they would like to pursue, a Basis of Design Memorandum was prepared.
The evaluation was Phase 1 of the project. Phase 2, which began in late 2022, included the development of Construction Documents (CD’s). The first phase of construction is currently under construction.
Relevancy: Like the Brentwood project this project involved the rehabilitation of existing sewers that have reached their life expectancy.
Reference: Natalie Gribben, Sr Civil Engr., Hillsborough, CA 94010, (650) 375-7510 [email protected]
C.3 El Camino Real Sewer & Adeline Water Main Replacement Project – City of Burlingame
Services Provided: The project was for the design of the sewer and water mains in El Camino Real and preparation of bid documents in advance of Caltrans project to reconstruct El Camino Real. The project included the replacement of existing underground infrastructure that included: Installation of 3,960 LF of
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sewer main by pipe bursting & open cut; Replacement of 25 sewer laterals installation of 25 sewer cleanouts; Replacement of 390 LF of water main by open trench.
The project is located on El Camino Real at 5 key areas near Broadway, Edgehill Drive, Adeline Drive, Ray Drive and Trousdale Drive in Burlingame. The project involved evaluating the existing sewer mains and proposing a replacement method. Pipe bursting was chosen as the preferred method to limit issues with large tree roots along with minimal disruption on the state highway. WHB was responsible for preparing the construction documents. Since the project is in the state’s right-of-way, WHB was responsible for obtaining encroachment permits during the investigation phase of the project, which included utility locating, potholing, and survey. In addition, WHB took the lead in coordinating with Caltrans in obtaining approval of the Construction Documents for the final encroachment permit. Construction was completed in September 2023.
Relevancy: Like the Brentwood project this project involved the rehabilitation of existing sewers.
Reference: Kevin Okada, P.E., Asst. Public Works Dir., City of Burlingame, (650) 558-7213, [email protected]
C.4 San Bruno Avenues Water and Sewer Replacement Projects – City of San Bruno
Services Provided: The project included the replacement of existing underground infrastructure which included: installation of 11,660 LF of sewer main by open cut; installation of 57 manholes and drop manholes; installation of 250 LF of water main by open cut; 40,000 SY of asphalt mill and inlay; installation of 73 curb ramps; 385 sewer lateral connections.
WHB provided design services for the improvement of the City’s sanitary sewer system near downtown San Bruno east of the Caltrain Station. The City had created a master plan for the sewer system which required upsizing pipe, increasing slopes and providing more cover for the sewer. Based on the master plan design criteria, WHB analyzed of all the sewer main replacements evaluating the slope, cover, and the invert-to-invert drop conditions. Through this evaluation process, WHB worked out the slopes, the depths, flow directions and sizes of the sewer mains. Additionally, the replacement method and pipe material for the project was selected based on master plan recommendations and site constraints. The horizontal alignment of the piping ultimately remains in the same place, but investigations into deeper utilities and soil contamination were needed to avoid conflicts with deeper facilities and unexpected costs due to soil contamination. To mitigate this WHB performed soil tests and utility potholing within the project area.
The project location is in a relatively flat, low-lying residential area with narrow streets. The Avenues area is over 100 years old, with many small mains struggling to keep up with current demand. The project faces many challenges from existing flow impediments in large mains and structures, old existing sewer mains routed underneath homes and existing utility constraints. WHB has redirected flows in opposite directions, increased depths of collectors and evaluated non-scope downstream structures and mains to achieve a design that meets master plan requirements. These changes allow for improvement on every requirement and provide the City with an improved system.
WHB prepared the plans, evaluation letters, BOD, front-end specifications, technical specifications and cost estimates for the project and solution options for surrounding area issues.
Relevancy: Like the Brentwood project this project involved the rehabilitation of existing sewers.
Reference: Dalia Manaois, Associate Engineer, 567 El Camino Real, San Bruno, CA 94066, (650) 616-7047, [email protected]
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D Project Team
WHB is a well-established firm providing
comprehensive civil engineering, design,
inspection, and construction management
services. The following proposed staff are
available to work on this project: Brandon Davis:
Senior Project Principal; Eric Cohen: Project
Supervising Engineer; John Mukhar: Project
Manager; Cameron Leitch: Design Manager.
D.1 Organizational Chart
The organizational chart provides a visual
illustration of our team’s structure, including our
subconsultants. The team member’s role is
shown under each person’s name. Resumes are
included in Appendix A.
D.2 Key Staff
Brandon Davis, P.E., Senior Principal Engineer
Brandon, a registered Professional Engineer with the State of California, is well versed in all aspects of civil engineering for public agencies. He has 28 years of sewer and other municipal capital improvements experience that includes design, project management, and supervision. As Principal Engineer and officer of the company, Brandon will oversee the services provided to the City, provide quality control as needed, and give Principal level input for your project.
Brandon is currently the Principal Engineer for similar projects WHB has completed or is undertaking including a 11,600 LF – sewer replacement project for the City of San Bruno, a 7,800 LF – 6” sewer replacement project for the Town of Hillsborough, a 3,900 LF sewer rehabilitation project that was completed utilizing pipe bursting for the City of Burlingame, a 4,100 LF – 12” new force main and 2,200 LF – 10” force main rehabilitation project for the City of Burlingame, a 3,600 LF sewer rehabilitation project consisting of open cut and CIPP, a 5,700 LF sewer rehabilitation project of various sizes for the City of Redwood City, and a 12,000 LF - 36” force main replacement project for the City of Milpitas. In addition, Brandon is overseeing a four-phase water main replacement program that is replacing 25,500 LF water mains for the City of Burlingame. These projects are a repeat win for us, and Brandon has been working on Burlingame Annual Water Projects for the last decade. Brandon will be the signatory for all agreements with the City and can be reached by email at: [email protected] Eric Cohen, P.E., QSD, Supervising Engineer
Eric will be WHB’s Supervising Engineer of Record for this engagement. He has two decades of civil engineering experience on a variety of municipal capital improvement projects and is one of our in-house experts on sewer, water, and storm drain design including hydraulic modeling of these utilities. Eric is certified in the NASSCO PACP (Pipeline Assessment Certification Program) as well their Manhole Assessment Certification Program. Eric is a registered Professional Engineer with the State of California.
As Supervising Engineer. Eric will be responsible for project oversight, offering direction and technical guidance to the PM and engineering design staff and PM. Eric has designed and managed public works projects of all varieties, including many sewer replacement projects. He is a strong leader for project
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design teams and will be responsible for guiding our project engineers and management of the project design, schedule, and budget.
John Mukhar, P.E., QSD, Project Manager
John is a Project and Program Manager with 40 years of experience as a program manager, a project manager, design manager, contract manager, department liaison, and a team leader. John possesses excellent knowledge of environmental engineering, Federal, State, and local laws, regulations, and municipal code. He has extensive experience in design and construction of water and wastewater facilities, including master planning, permitting and contract development. He worked on multiple sewer rehabilitation projects for the City of San Carlos, Sunnyvale, Carmel, including the design of a new 10,000 LF sewer main and pump station in Carmel Valley. John’s project management duties have included preparing and managing schedules and budgets, supervision of engineering design, preparation of construction documents, client and agency coordination, quality control, and construction management.
Cameron Leitch, Design Manager
Cameron started his profession in the construction industry with commercial and residential projects. His background also includes working in the energy field on large, complex geothermal projects around the world, from Sonoma County to Turkey. This experience allowed him to develop skills in large-scale pipe design, grading, engineering structures, onsite construction support and administration of challenging construction projects. At WHB, he has served as the manager and designer on several sanitary sewer rehabilitation projects and force main projects on the peninsula utilizing open trench and pipe bursting methods. He has been responsible for special details, pipe alignments, recommend rehabilitation methods, preparation of bid set documents & providing construction administration.
D.3 Subconsultants
Redtail Consulting, Environmental, and Community: Environmental Redtail Consulting is a sole proprietorship providing environmental planning, regulatory permitting, and applied science support for projects from early planning through construction. Their expertise includes CEQA/NEPA review, agency permitting, and environmental compliance for conservation, land development, utilities, transportation, and flood control projects. Known for innovative problem-solving, responsive client service, and technically strong yet readable documents, Redtail Consulting works closely with project teams to reduce impacts and streamline environmental review while meeting project goals. As a small business with principal-level involvement throughout each project, they deliver high-quality, costeffective service tailored to client needs. Redtail Consulting is certified as a California Small Business Enterprise (SBE), Alameda County Small Local/Emerging Business (SLEB), and Alameda CTC Very Small Local Business Enterprise (VSLBE).
Achievement Engineering Corp.: Geotechnical
Achievement Engineering Corporation (Achieveng) is a California-based, minority-owned firm founded in San Jose in 2010. Achieveng provides geotechnical engineering, construction quality assurance and quality control (QA/QC), special inspection, Caltrans-authorized source and shop inspections, accredited materials laboratory testing, and environmental consulting services to public and private clients throughout California. Their experience spans transportation, utilities, education, healthcare, commercial/industrial, and residential projects, with expertise supporting complex public works programs where quality documentation, traceability, and schedule adherence are critical to project success.
EXARO Technologies Corporation: Potholing Contractor
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EXARO Technologies Corporation (Exaro) is a part of WHB’s team to provide utility potholing. Exaro is a team of experts specializing in underground utility locating, cathodic protection, concrete rebar scanning and Traffic Control. Exaro was established and incorporated in San Francisco, California on March 22, 2005. Exaro holds ‘Class A, C10, C31 and Hazardous Substances Removal license in the State of California. Exaro has three offices in California, including Northern headquarters in Burlingame. Exaro’s Foreman and Technicians are “Qualified Operators” per Title 1 Section 4216 of Government Code. Exaro provided potholing services for both the Avenues 1-1/1-2 and 2-1/2-2 Projects as well as the Burlingame El Camino Real Sewer and Water projects.
E Price
Consultant Fee Consultant Fee WHB's fee for the foregoing described Scope of Services is estimated to be approximately $186,429 and optional task for an additional $54,090 on a time and materials basis in accordance with the attached Fee Proposal and Charge Rate Fee Schedule. We will not exceed this amount without your prior authorization. Work can be completed on a mutually agreed upon schedule.
F Proposed Approach
It is our understanding that the City is requesting proposals for engineering design services to replace approximately 2600 LF of existing sewer main along Brentwood Boulevard, between Oak Street and Havenwood Avenue. The work will also include rehabilitation of approximately 22 manholes and the addition of six (6) new manholes.
F.1 Task 1: Project Management
Given that this project is along Brentwood Boulevard, the main thorough faire in the City, with commuter traffic and businesses using this road, good project management will be essential for the success of the project. WHB's Project Manager (PM) will direct and coordinate all aspects of the project communications, design, and bid package preparation. This includes attendance of project meetings and documentation of the meetings with minutes for the City's record. Our PM will also be responsible for management of the project design budget, the schedule, and the quality and completeness of the bid package. Our approach for the management of these items is described below.
City Communication and Coordination: Principal Engineer, Brandon Davis, will be the point of contact with the City for all contractual issues.
Supervising Engineer, Eric Cohen is certified in the NASSCO PACP (Pipeline Assessment Certification Program) as well their Manhole Assessment Certification Program (MACP) and will provide technical guidance for this project.
Our PM, John Mukhar, will be the primary point of contact with the City and other key stakeholders for all day-to-day project communications and coordination. He will attend project meetings with the City and has full responsibility for our team’s project development and work product as well as our on-time delivery.
We view the City’s Project Manager (CPM) as our key contact for the City who will provide our team with project direction, feedback, comments, decisions, and approvals. We understand that the CPM must be kept apprised of our project activity. If allowed by the CPM, our Design Engineers will also have direct communication with City representatives for information requests and other tasks. In summary, we envision all project direction, and decisions will be exchanged between WHB’s PM and the CPM, or the City’s approved designee(s).
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Overall Project Management: The PM will schedule and prepare the agenda for all meetings with the City, including the kickoff meeting. After each meeting, the PM will prepare and distribute the meeting minutes and appropriate updates. WHB will provide a monthly report that summarizes each task, the budget for each task, how much has been billed for that task and an estimate of percent complete to the City along with our monthly project billings.
Quality Assurance/Quality Control: One of the primary responsibilities of our PM is to monitor the contract documents as they are being prepared to avoid any significant errors in the design approach and plan preparation methods.
For design review submittals, our PM will carefully review the entire plan set to make sure that the plans are accurate, make sense, and are consistent throughout the plans, estimate, and specifications.
Everything noted is highlighted after it has been reviewed so that we know we have not missed anything.
When the PM is satisfied with the plans and specifications, they are submitted to the Supervising Engineer (SE) for checking. The SE audits each deliverable and provides comments.
For the final review submittal, the entire QA/QC process outlined above is repeated, with a third check by the Project Principal. The plans are crosschecked against the bid schedule to make sure that every work item proposed on the plans is described and included in a bid item for payment. This is a critical step to make sure that no work items are overlooked. Lastly, the pay description of the unit of measure for each item in the specifications is checked against the bid schedule to make sure they are consistent and to eliminate any potential loophole for a Contractor to claim an extra.
Similarly, when the City and other key stakeholders provide us with redline comments on our submittals, WHB utilizes specific protocols for a response to those comments. Comments that are easily addressed by technicians without additional clarification or design response are highlighted in yellow, while comments that require responses from our design staff are highlighted in blue. We prefer to coordinate with the CPM during the plan development stage if comments need clarification which limits subsequent comments on unresolved issues. A full set of highlighted and commented redlines will be returned to the City upon subsequent submittal.
Schedule and Budget Management: We believe cost control means monitoring costs continually to identify issues early on, and, when necessary, taking definitive action to correct an issue before significant cost is incurred. Cost control must be performed when an issue first arises, as opposed to "damage control" after it is too late. To achieve this, our Project Manager will discuss each task with design team members in advance of the work being done, agreeing upon the anticipated time to do the task. In this manner, we achieve buy-in from our team members. Staff members are instructed to immediately notify the PM if the task will extend longer than discussed. In these cases, a corrective course of action is agreed upon to adjust the level of effort spent on the task.
WHB's timecard system is directly tied to our accounting system that tracks project budgets. Our staff enters their time daily which allows our PMs to view the budget contemporaneously. This information always provides our PMs with up-to-date budget information, allowing them to detect potential issues before they get out of hand. WHB will develop a timeline to meet the City needs and deadlines and will submit it to the City at the Kick-off meeting. The PM will be responsible for maintaining the progress schedule for the duration of the project. An updated schedule will be sent to the City with monthly reports.
The following work will be completed as part of Task 1.
1. City communications
2. Project management
3. Quality assurance/quality control
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4. Schedule and budget management
F.2 Task 2: Design
WHB will use the information provided and approved by the City to start the project design. These documents include: all sewer CCTV in the area; all manholes’ evaluation information; the City’s Geographic Information System (GIS) maps and associated geospatial data layers for all City-owned assets; and any aerial photography that can be utilized as background information on the plans.
Kick-Off Meeting: WHB will schedule a kick-off meeting with the City. At the kickoff meeting, we will discuss the information provided by the City, proposed schedule, and deliverables.
Data Review: WHB will review the information provided by the City and collected during the kick-off meeting. Once the CCTV video inspections are received, our engineers will review the CCTV logs, videos and photos to assess the condition of the pipes in Brentwood Boulevard between Oak Street and Havenwood Avenue, about 2,600 LF. The pipe conditions will be categorized according to the PACP standards from excellent (Grade 1) to immediate attention needed (Grade 5). The condition of all pipes will be color coded on our technical memorandum (TM) to help visualize the problem segments. At the conclusion of the assessment of the sewer pipes, WHB will perform an analysis determining the consequences of failure of the pipe segments that are likely to fail. This will help determine the final decisions on improvements needed.
WHB will evaluate the constructability of the proposed rehabilitation methods. One site visit will be made to confirm any of the findings of the constructability analysis.
Technical Memorandum: A TM will be prepared to summarize the results of the sanitary sewer evaluation.
A table will be included for each sewer basin that identifies the pipe segment, NASSCO condition rating, pipe material, and any other comments that are material to the condition of the pipe. The TM will also include a cost estimate of construction costs to implement the repairs recommended for each segment.
After the City has reviewed the technical memorandum, WHB will meet with the City to discuss our proposed design concepts, and construction approaches. The goal of this meeting is to reach consensus on the design to be progressed and the construction approaches to be utilized.
Once submitted to the City, we will set up a meeting to discuss feedback and to finalize the TM. Based on the comments and discussions, we will finalize the TM and submit it to the City.
Geotechnical Report: Based on the TM, WHB will coordinate with Achieveeng to conduct soil borings and analysis to determine the suitability of a specific rehabilitation method, especially if one of the trenchless methods is chosen. This proposal includes three boreholes. Once the analysis is done, a Geotechnical report will be submitted to the City.
65% Design Package: At the start of design, WHB will prepare base mapping for each project segment using aerial imagery, utility record drawings, and GPS field surveys. Utility companies will be contacted to obtain records of existing facilities within the project limits and to coordinate project awareness. Utility records will be correlated with field observations, and a utility locating subconsultant will be retained to identify and mark existing underground utilities to minimize potential construction conflicts.
As needed, WHB will engage Achievement Engineering Corp. (ACHIEVENG) to perform geotechnical investigations supporting the evaluation of pipe bursting and other rehabilitation methods. Approximate right-of-way limits will be shown based on available City records.
Following completion of the base mapping, preliminary design will begin, including development of horizontal and vertical alignments for the proposed improvements. WHB will conduct field investigation,
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with photos, to verify site conditions, identify potential constraints to the preferred rehabilitation methods, document easements and access limitations, and photograph key project features such as upstream and downstream manholes. All identified obstructions and impacts will be incorporated into the 65% design plans.
If permits from outside agencies are required, WHB will initiate the permitting process early in design to minimize schedule impacts and maintain project flexibility. Early agency coordination helps reduce potential delays and supports successful project delivery. The 65% design submittal will include preliminary plans, technical specifications, construction cost estimates, supporting calculations, and a project schedule for City review. Additionally, we have added two optional tasks for surveying and potholing if conflicts arise in consolidating the information from City’s GIS and the utility companies. 90% Design Package: With the information provided by the City and collected during the site visit, WHB will develop the 90% design documents. These documents will include the plans, specifications, and construction cost estimate. Technical specifications will be developed using the City’s standard format and will be packaged with the City’s Notice to Bidders, Bid Schedule, General Specifications and Special Provisions. The Special Provisions will be prepared to address the required work hours, protection of existing improvements, measurement and payment, and other requirements that will facilitate the management of the construction. The 90% design package to be submitted will include plans, specifications, and cost estimate (PS&E) with responses to City comments. A meeting will be scheduled to discuss the comments. The comments will be collected to be incorporated in the next design package. 100% Design: After the 90% comments are received and addressed, the final PS&E package will then be submitted to the City for their review. It will also include a response to the City’s comments on the 90% Design Package.
The following work will be completed as part of Task 2.
1. Kickoff meeting
2. Data Review
3. Technical memorandum
4. Geotechnical report
5. 65% design packet
6. 90% design packet
7. 100 % design packet
F.3 Task 3: Coordination
Coordination with Stakeholders: WHB will coordinate with stakeholders impacted by this project. We will coordinate with local agencies that are involved in the project, these may include Eastern Contra Costa Transit Authority (Tri Delta Transit). We will also coordinate with business owners, schools, and other facilities that may be impacted by the project. We will coordinate with the City to develop outreach material for distribution and in assisting in developing material for the City’s website.
Local Utilities Providers: Utility companies will be contacted to obtain records of existing facilities within the project limits and to coordinate project awareness. Utility records will be correlated with field observations, and a utility locating subconsultant (Exaro) will be retained to identify and mark existing underground utilities to minimize potential construction conflicts.
Environmental Support: WHB has retained Redtail to support the CEQA process. We anticipate the project will qualify for a CEQA categorical exemption, most likely under the Existing Facilities (Class 1), Replacement or Reconstruction (Class 2), or New Small Structures (Class 3) exemptions, depending on
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final design. Because the project includes manhole rehabilitation and new manhole installations, the statutory exemption for non-volatile pipeline projects does not apply.
Our scope includes stakeholder and utility coordination, environmental support, preparation of a screening memorandum, and preparation of a Notice of Exemption (NOE), which we assume City staff will file.
If the project is ultimately found not to qualify for an exemption, we will discuss options before proceeding.
In that case, an Initial Study/Mitigated Negative Declaration (IS/MND) would likely be the appropriate CEQA document, and a separate cost estimate can be provided.
Assuming the alignment terminates at Havenwood Avenue and does not cross Marsh Creek, no resource agency permits are anticipated.
The following work will be completed as part of Task 3.
1. Coordination with stakeholders
2. Coordination with local utility providers
3. Environmental support
F.4 Task 4: Bidding Support
WHB will attend the pre-bid meeting, if scheduled, to assist the City in answering questions that the bidders may have. If clarifications or revisions become necessary during the bid process, our team will issue one bid addenda and conformed drawings for construction. We will be available to assist the City with review of the bids and to make a recommendation for award of the project if desired. Bid support services include attending pre-bid meeting; preparing response for four RFIs; providing one addendum; responding to questions from low bidder.
The following work will be completed as part of Task 4.
1. Pre-bid meeting
2. Prepare responses to RFIs (up to 8 included)
3. Assist in addendum preparation (1 addendum included) F.5 Construction Administration
After the award of the construction contract, WHB’s project team will provide construction engineering assistance. These services include: prepare conformed stamped set of construction plans; construction inspections including design clarification questions (up to 12 site visits included); participate in weekly construction meeting (we assume that these will coincide with site visits); review/approve submittals (Up to 12 submittals); responding to clarification questions; review of change order requests (COR) (Up to 2 CORs); punch list inspection; final inspection; prepare record drawings based on contractor red-lined field plans.
The following work will be completed as part of Task 5.
1. Prepare conformed set of construction plans
2. Participate in weekly construction meetings on site (up to 12 site visits included)
3. Review and approve submittals (up to 12 submittals included)
4. Respond to RFIs (up to 15 RFIs included)
5. Attend punch walk and prepare punch list
6. Attend final inspection
7. Prepare and submit record drawings
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Attachment A: Resumes
Brandon Davis, PE, QSD
Senior Principal Engineer
REGISTRATION
Professional Engineer
CA C61024
QSD/QSP
CA 00159
EXPERIENCE
Wilsey Ham
Principal Engineer
1997 – Present
EDUCATION
BS Civil Engineering
California State University,
Chico, 1997
BRANDON DAVIS has acquired a wide range of engineering and management experience in his 29 years of civil engineering practice. He has served as the Senior Principal Engineer and Project Manager on a wide range of sanitary sewer rehabilitation projects using a variety of different installation methods including conventional open trench installation, pipe bursting, pipe-reaming, and cured-inplace pipe. In these roles, he has had the ultimate responsibility for all phases of project development, including site investigation and master planning, development of construction documents for bidding, and construction administration.
As WHB’s Senior Project Principal Engineer, Brandon will be responsible for entering into a contract with the City. In addition to ensuring all contractual obligations are met, Brandon will serve as a technical and managerial resource to the entire WHB team in a supervisory role. Ultimately, the Principal Engineer ensures that quality services are being provided to our clients.
Project Experience:
East Burlingame Ave & Anza Bridge Improvements – City of Burlingame The project replaced approximately 2,000 linear feet of sewer mains and services along with 8 new manholes on Burlingame Avenue between East Lane and Dwight Road. The project also included 5,000 linear feet of new water main. The sanitary sewer work also consists of approximately 215 linear feet of new force main and new grinder pump for an existing bathroom at Washington Park and slip lining roughly 250’ of existing waterline attached to the bridge at Anza Lagoon.
Park Plaza Dr., Southgate Ave, San Fernando Way, and Miriam St Sanitary Sewer Main Rehabilitation – City of Daly City
The project replaced approximately 3,000 linear feet of sanitary sewer on Park Plaza Dr., Southgate Ave., San Fernando Way, and Miriam St. The project used both traditional open trench and pipe bursting methods to install the replacement piping. WHB determined the appropriate method based on pipe deficiencies and site constraints. Wilsey Ham was involved through construction assistance.
Avenues 2-1/2-2 Water and Sewer Main Replacement Project, City of San Bruno
We were tasked with developing a design to meet the master plan prime requirements. We evaluated 11,660 linear feet of sanitary sewer pipe and 57 manholes through the Avenues neighborhoods. The analysis included developing a calculation tool that allowed WHB to factor in slope, cover and invert-to-crown connections on all scoped streets to meet City desires. The project involved deepening the sewer to increase cover, reversing flows, and steepening a section of 42-inch diameter sewer main. WHB determined connectors to future sewer Avenues projects outside of scope were deficient and added this scope to allow rehabilitation of these problem areas. This project has been completed.
El Camino Real & Large Diameter Sanitary Sewer Rehabilitation – Phase 1, City of San Mateo
This project included cleaning and CCTV inspections for all sanitary sewer mains 12-inches and smaller located within Caltrans Right-of-Way and associated manhole inspections, reviewing of the inspection video and data collected, reviewing of additional large-diameter CCTV inspections previously collected, evaluating the inspection data, and proposing the repair and rehabilitation of the deficient pipe based on the City’s budget.
Final recommendations included 44 spot repairs, 2,250 linear feet of pipe bursting, and 910 linear feet of open trench repair.
Eric Cohen, PE, QSD, PACP
Supervising Engineer
REGISTRATION
Professional Engineer
CA C77616
NASSCO PACP-Certified
QSD/QSP
CA 23719
EXPERIENCE
Wilsey Ham
Supervising Engineer
2011 – Present
Green Valley Engineers
Project Engineer
2010 – 2011
Adobe Associates
Project Engineer
2006 – 2008
EDUCATION
BS Civil Engineering
California Polytechnic State
University, San Luis Obispo
ERIC has over 18 years of experience on a variety of public infrastructure projects, guiding projects from the planning stages to design and through construction. His design experience includes wet utility design, pavement rehabilitation, street and highway design, ADA compliance, water quality C.3 compliance, grading design, and preparing construction documents and specifications. He has experience with bayside development, street and utility design, safe routes to school projects, and other federally funded projects needing E-76 authorization. Eric is experienced with obtaining Caltrans Rightof-Way permits for municipal infrastructure improvement projects.
Eric’s project management duties have included preparing and managing schedules and budgets, supervision of engineering design, preparation of construction documents, client and agency coordination, quality control and plan checking, and construction assistance services. He also has experience analyzing municipal streets and making recommendations on upgrades needed.
Project Experience:
Avenues 1-1/1-2 and 2-1/2-2 Water & Sewer Main Replacement Project, San Bruno
Eric served as project manager for the water and sewer main projects located in downtown San Bruno, CA. The projects included the installation of roughly 9,000 linear feet of water main and 19,000 linear feet of sewer main. The existing water lines in the area were nearly 100-years old and consisted of mainly 2” and 4” mains on each side of the street. This project was difficult due to the presence of many abandoned utilities as well as large storm drain culverts that required crossings of up to 20-feet long. The water portion of the project included installing the new main, hydrants, potable services, fire services, and meter boxes. The sewer mains needed to be installed lower than the existing to improve performance of the system, requiring all of the pipe to be installed by open cut. The project also included the installation of new curb ramps and repaving of the streets.
2026 Sanitary Sewer Point Repair and Rehabilitation Project, South San Francisco
Eric served as project manager for the 2026 Sanitary Sewer Point Repair and Rehabilitation Project. Project involved the review of 120,000 linear feet of sanitary sewer CCTV inspections to identify Grade 4 and Grade 5 defects that needed repair prior to the 2026 Paving Project commencing. Eric led a team that identified 92 point repairs along with 3,000 linear feet of pipe needing rehabilitation. A technical memorandum was prepared identifying the defects and recommended repairs. Once the City agreed on the recommendations, a PS&E package was prepared for bidding. The project is currently completing construction.
Hillsborough Parrot-Glenbrook-Melrose SS Rehabilitation, Hillsborough The project included several thousand feet of sanitary sewer main that was installed along a creek adjacent to Parrot Drive, with exposed pipe in several areas and five aerial creek crossings. Evaluated the condition of the main and developed rehabilitation options. CCTV and logs were also reviewed. Several options were developed due to constructability issues, creek bank destabilization, and easement issues. A mixture of HDD and open trench realignment were recommended. A Basis of Design Memorandum was prepared. Construction is completing on the first phase of work.
John Mukhar, PE, QSD
Senior Project Manager
REGISTRATION
Professional Engineer
CA C51052
EXPERIENCE
WHB Engineers
Senior Project Manager
2025 – Present
San Jose State
University
Professor of Civil and
Environmental Engineering
2010 – Present
Mott MacDonald
Principal Project Manager
2022 – 2024
MNS Engineers
Principal Engineer
2016 – 2022
City of Palo Alto
Environmental Program
Manager
2015 – 2016
City of San Jose
Senior Engineer
1991 – 2015
Alfred Crew/Donohue
Supervising Engineer
1989-1991
EDUCATION
MS Civil/Environmental
Engineering
San Jose State University
BS Civil Engineering
California State University
Fresno
John has over 40 years of experience as a program manager, a project manager, design manager, contract manager, department liaison, and a team lead. John possesses excellent knowledge of environmental engineering, Federal, State, and local laws, regulations, and municipal code. He has extensive experience in design and construction of water and wastewater facilities, including master planning, permitting and contract development. He has reviewed federal and state regulations to develop local programs that meet requirements and benefit the community, including setting up public/private partnerships. John’s project management duties have included preparing and managing schedules and budgets, supervision of engineering design, preparation of construction documents, client and agency coordination, quality control, and construction management services.
Project Experience:
Sewer Main Replacement and Rehabilitation, City of San Carlos, CA John served as principal project manager for the sewer main projects in San Carlos, CA. These multiyear projects included the rehabilitation of sewer mains around the City based on analyzing CCTV. Rehabilitation design included open cut, CIPP, and pipe bursting. One of the projects included replacing the sewer main in Shoreway Road with a new sewer main in a different alignment.
The challenges in design include utilities’ location in a very busy road including sewer mains owned by different jurisdictions and a slough crossing that requires environmental documentation.
Oakland International Airport Sanitary Sewer Improvements, Oakland, CA John served as the project manager for the rehabilitation design of 2,400 LF of sewer main, 19 manholes, and 22 clean-outs. These are in 4 different areas around the Oakland International Airport (OAK), including active areas of operations (AOA). The work includes utility research, survey work, condition assessments, and design services.
Brackney Pipeline Risk Reduction, City of Santa Cruz, CA John served as the project principal responsible for evaluation of alternatives and final design of selected alternative, to replace approximately 2,800 LF of raw water transmission main through an area prone to landslides. Project objective is to mitigate risk of pipeline failures during landslides, and alternatives considered include open-cut and trenchless construction methods.
Carmel Valley Manor Sewer Main Extension Project, Carmel CA John served as project principal project manager. This project developed a feasibility study to connect the Manor to the Carmel Area Wastewater District sewer system located over 10,000 feet away from the Manor and abandoning the septic system and included the design phase that involved detailed design and bid documents, full Geo-technical evaluation, environmental studies and full CEQA process, and land acquisition for the pump station. 2019 Sewer Main Replacement, City of Sunnyvale
This project designed sewer mains to replace approximately 9,900 linear feet of aging sanitary sewer pipes located in 16 different areas with segment lengths ranging from 360 to 1,150 linear feet. Associated appurtenances included, but not limited to, rehabilitation of manholes, lateral reconnections, and surface restoration. This project also included increasing pipe sizes in certain locations.
Rehabilitation included trenchless technology (pipe reaming), lining, and open trench.
Cameron Leitch
Senior Engineer
TRAINING AND
CERTIFICATIONS
Pavement Rehabilitation
Technical Training
EXPERIENCE
Wilsey Ham
Managing Engineer
2015 - Present
Veizades & Associates
Project Engineer
2011-2015
EDUCATION
B.S. Civil Engineering
Colorado State University
2010
CAMERON has gained a broad degree of engineering and construction experience in his 15 years in the profession. His background working in the geothermal energy field has allowed him to develop unique skills in pipe design, grading, heavy industry, engineering structures and the administration of challenging construction projects with multiple players. His experience includes project design management of site development & public utilities, sanitary sewer & storm drain design, water main design, and drainage evaluation with storm water quality (C.3). Cameron is adept at recommending site development strategies, coordinating with owners, and designing retaining walls. He is also an astute ADA upgrades, pathways, and safe routes designer. He is skilled in the area of pavement evaluation, rehabilitation & street design with knowledge of multiple design methods such as FDR, CIPR, CCPR and full reconstruction.
Cameron has managed lengthy public utility projects that require multi-agency coordination with SFPUC, BCDC, Calwater, PG&E, and Caltrans.
Project Experience:
Ralston CIPR Pavement Project, Belmont
Cameron serves as the project manager for this pavement project. The project includes approximately 195,000 square feet of Cold in Place Recycled (CIPR) pavement rehabilitation. Wilsey Ham assessed existing pavement conditions along with non-compliant crosswalks. Based on the observed pavement conditions and traffic intensity, the site will require efficient methods for pavement rehabilitation to both install the improvements and reduce road closure periods. Project challenges included both a tight design schedule and restricted construction schedule required to accommodate local schools.
Ave 2-1 & 2-2 Sewer Main Replacement Project, San Bruno Cameron is currently assisting in the management of this sewer main replacement project. He has been providing design options and optimal use of systems to help create a better flowing sewer system for the entire neighborhood. This project is set to replace over 11,500 liner feet of sewer main, 40,000 square yards of asphalt pavement through mill and inlay along with adjustment to a 36-inch sewer main and replacement water main. This has been a multi-year project that is scheduled to go to bid later this year.
Annual Water Main Replacement Program, Burlingame
As the project manager, Cameron has continually helped the City of Burlingame design and manage the annual water capital improvement projects for each of the past eight years (7 water projects). Duties have included preparing & managing construction documents for the water main replacement projects (average of one mile per project), managing bid estimates for City planning, reviewing product submittals and RFIs, updating municipal standard details and specifications, along with other project requirements. The City of Burlingame annual budget of roughly $3M per project to replace existing water lines within the City. Additionally, these projects have also required extensive coordination with several stakeholders including SFPUC, Caltrans, and neighboring cities and towns to complete these improvements.
Park Plaza Dr., Southgate Ave Streets Sewer Main Rehabilitation, Daly City The project replaced approximately 3,000 linear feet of sanitary sewer on Park Plaza Dr., Southgate Ave., San Fernando Way, and Miriam St. The project used both traditional open trench and pipe bursting methods to install the replacement piping. Wilsey Ham determined the appropriate method based on pipe deficiencies and site constraints.
City of Brentwood – Brentwood Bou lev ard Wastewater Rehab ilitation Project whbengineers.com 12
Attachment B: Project Fees and Fee
Schedule
1 REIM- TOTAL TOTAL
SUB- BURSABLE WH TOTAL WH LABOR
TASK DESCRIPTION $357 HRS $305 HRS $286 HRS $226 HRS $184 HRS $178 HRS $398 HRS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS Task 1
F.1
F.1.1 1 City Communications 357 1 610 2 4,576 16 5,543 5,543 19 F.1.2 2 Project Management 357 1 1,220 4 3,432 12 5,009 5,009 17 F.1.3 3 QA/QC 1,428 4 3,660 12 3,432 12 2,500 8,520 11,020 28 F.1.4 4 Schedule & Budget Management 2,288 8 2,288 2,288 8 2,142 6 5,490 18 13,728 48 2,500 21,360 23,860 72
Task 2
F.2.1 1 Kick-Off Meeting 1,220 4 1,144 4 100 2,364 2,464 8 F.2.2 2 Data Review 305 1 572 2 1,808 8 2,944 16 5,629 5,629 27 F.2.3 3 Technical Memo 305 1 572 2 1,808 8 2,944 16 50 5,629 5,679 27 F.2.4 4 Geotechnical Report 1,144 4 904 4 25,665 2,048 27,713 8 F.2.5 5 65% Design Packet 1,220 4 2,288 8 9,040 40 14,720 80 5,696 32 32,964 32,964 164 F.2.6 6 90% Design Packet 915 3 1,716 6 5,424 24 5,888 32 4,272 24 18,215 18,215 89 F.2.7 7 100% Design Packet 714 2 610 2 1,144 4 1,808 8 4,416 24 2,848 16 11,540 11,540 56 714 2 4,575 15 8,580 30 20,792 92 30,912 168 12,816 72 25,665 150 78,389 104,204 379 Task 3
F.3.1 1 Coordination with Stakeholders 1,220 4 1,144 4 1,472 8 3,836 3,836 16 F.3.2 2 Local Utility Providers 1,144 4 1,472 8 2,616 2,616 12 F.3.3 3 Environmental Support 610 2 16,158 610 16,768 2 1,830 6 2,288 8 2,944 16 16,158 7,062 23,220 30
Task 4
F.4.1 1 Pre-Bid Meeting 286 1 286 286 1
F.4.2 2 Prepre Response to RFIs (8-RFIs) 572 2 1,808 8 2,380 2,380 10 F.4.3 3 Addendum (1-Addnedum) 286 1 452 2 738 738 3F.4.4 4 Respond to question of low bidder 286 1 904 4 1,190 1,190 5 1,430 5 3,164 14 4,594 4,594 19
Task 5
F.5.1 1 Prepare conformed set of constr plans 572 2 904 4 1,472 8 2,948 2,948 14 F.5.2 2 Participate in weekly construction meeting (up to 12 inspections included) 2,860 10 5,424 24 600 8,284 8,884 34 F.5.3 3 Review/approve submittals (Up to 12 submittals) 1,144 4 2,712 12 4,416 24 8,272 8,272 40 F.5.4 4 Respond to RFIs (up to 15 RFIs included) 572 2 1,808 8 2,760 15 5,140 5,140 25 F.5.5 5 Punch list inspection 1,808 8 50 1,808 1,858 8
F.5.6 6 Final inspection 904 4 50 904 954 4
F.5.7 7 Record drawings will be prepared based on contractor red-lined field plans 572 2 452 2 1,472 8 2,496 2,496 12 5,720 20 14,012 62 10,120 55 700 29,852 30,552 137
1 Survey 1,428 4 7,684 34 15,124 38 684 24,236 24,920 762 Potholing (upt o5 potholes included) 572 2 1,808 8 26,790 2,380 29,170 10 1,428 4 572 2 9,492 42 15,124 38 26,790 684 26,616 54,090 86 Non Optional Tasks Total 2,856 8 11,895 39 31,746 111 37,968 168 43,976 239 12,816 72 41,822 3,350 141,257 186,429 637 4,284 12 11,895 39 32,318 113 47,460 210 43,976 239 12,816 72 15,124 38 68,612 4,034 167,873 240,519 723 Table:
Notes:
TASK 2 TOTAL
General Management
Project Management
TASK 1 TOTAL
Design
TASK 3 TOTAL
Bidding Support
TASK 4 TOTAL
Construction Administration
4. All positions may not be shown. If a position is not shown a fee schedule will be provided to the City for the rates that govern.
1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client. 2. Total All$ includes subconsultants and reimbursable costs.3. Hourly rates effective through December 31, 2026 and subject to revision annually thereafter.
TASK 5 TOTAL
Optional TasksCoordination
./SRVR. ENGR/SRVR II SURVEY CREWENGR/SRVR DESIGNERENGR./SRVR. ENG/SURV ENGR SENIOR
The City of Brentwood
Brentwood Boulevard Wastewater Rehabilitation -- CIP Project No. 592-59209 Fee Proposal
6/5/2026
SR. PRINCIPAL SUPERVISING MANAGING STAFF 2 PERSONASSISTANT
GRAND TOTAL
Optional TasksTOTAL
City of Brentwood – Brentwood Bou lev ard Wastewater Rehab ilitation Project whbengineers.com 13
Attachment B: Project Cost & Fee Sheet
Below is WHB’s Fee Schedule and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses. Fee schedule shall state or show annual escalations for the duration of the agreement.
Effective Through December 31, 2026, and subject to revision annually thereafter.
Reimbursable Expenses:
• Travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a markup charge of 10%. • Seventy cents ($0.70) per mile, or the current rate allowable set by the Internal Revenue Service for use of company passenger vehicles, and eighteen dollars ($18.00) per hour for use of vehicles carrying field survey equipment and supplies or used for field inspection and supervision. • Cost of materials, supplies, reproduction, agency filing fees, communication expenses or other services, plus a markup charge of 10%. • Invoice cost of services and expenses charged to WHB by outside consultants, professional or technical firms engaged in connection with the project, plus a handling charge of 10%
Personnel Services
Hourly
Rates
Senior Principal Engineer/Surveyor $ 357
Principal Engineer/Surveyor $ 336
Senior Supervising Engineer/Surveyor $ 320
Supervising Engineer/Surveyor $ 305
Managing Engineer/Surveyor $ 286
Project Engineer IV/Surveyor IV, Senior
Engineer/Surveyor
$ 268
Project Engineer III/Surveyor III $ 249
Staff Engineer II/Surveyor II $ 226
Staff Engineer I/Surveyor I $ 210
Associate Engineer/Surveyor $ 194
Assistant Engineer/Surveyor $ 184
Senior Designer/Senior Technician $ 189
Designer II/Survey Technician II $ 178
Designer I/Survey Technician I $ 162
CAD Operator II/Drafter II $ 168
CAD Operator/Survey Technician/Drafter $ 131
2-Person Survey Crew $ 398
1-Person Survey Crew $ 199
Senior Administrator/Contracts $ 168
Administrative Assistant III/Senior Project Coordinator $ 136 Administrative Assistant II/Project Coordinator $ 110
Administrative Assistant I/Office Support $ 94
Supervising Senior Construction Manager $ 289
Senior Construction Manager $ 241
Construction Manager II $ 226
Construction Manager I $ 205
Associate Construction Manager $ 173
Assistant Construction Manager $ 150
Supervising Senior Construction Inspector $ 257
Senior Construction Inspector $ 241
Construction Inspector $ 220
Senior Construction Document Controls Specialist $ 157
Construction Document Controls Specialist $ 136
Project Title: Project #:
Brentwood Boulevard – Sanitary Sewer Rehabilitation 592-59209 Description/Justification:
This project, formerly named “Brentwood Boulevard Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 2,600 lf of an existing sanitary sewer main of varying sizes along Brentwood Boulevard between Oak Street and Havenwood Avenue. This line is comprised mostly of clay sewer pipe which was installed an estimated 68 years ago with no records of previous rehabilitation being performed. As clay pipe has an expected life span of 50 to 60 years, this section is due for replacement. Additionally, on this section of the line, there are approximately 22 sanitary sewer manholes in need of rehabilitation and 6 new manholes needing to be constructed/installed to allow for better maintenance access.
Project Status:
Project design is complete and the construction phase is anticipated to begin in Spring/Summer 2026, with project completion estimated in FY 2026/27.
Supplemental Information:
In accordance with the City’s SSMP to minimize sanitary sewer overflows and to prevent any State Water Resources Control Board violations, this section of sanitary sewer main needs rehabilitation or replacement before a failure occurs. This project will also reduce the amount of groundwater infiltration which has negative implications to the operation of the City’s Wastewater Treatment Plant.
PROJECT EXPENDITURES Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 90040 Planning and Design 475,000 475,000 $ 950,000
90050 Construction 1,500,000 1,500,000 $ 3,000,000
90070 Project Administration 50,000 50,000 $ 100,000
TOTAL $ 2,025,000 $ 2,025,000 $ 4,050,000
PROJECT FUNDING Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 47593 Enterprise 4,050,000 $ 4,050,000
TOTAL $ 4,050,000 $ 4,050,000
PROJECT FINANCING CURRENT PROPOSED
Project Category: Wastewater Improvements
Location: Brentwood Boulevard from Oak Street
to Havenwood Avenue
Project Manager: M. Huber
Project Priority: 2C - Necessary
Est. Completion Date: 2026/27
Future Annual
O & M Impact: $1,500
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1, IF 3-1
98 City of Brentwood 2026/27 – 2030/31 Capital Improvement Program
CITY COUNCIL AGENDA ITEM NO. E.6
08/11/2026
SUBJECT: Second reading and adoption of ordinances of the City Council of the City of Brentwood Repealing and Replacing Chapters 9.50 and
17.780 (Cannabis Facilities and Cultivation) of the Brentwood Municipal Code
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Kenneth Murphy, Chief Building Official
TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt ordinance No. 1099 repealing and replacing Chapter 9.50 and Ordinance No. 1100 repealing and replacing Chapter 17.780 of the Brentwood Municipal Code (BMC) to update the City’s cannabis regulations and land use prohibitions.
The proposed ordinances are exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as it can be seen with certainty that there is no possibility the adoption and implementation of the ordinances will have a significant effect on the environment.
Therefore, the proposed action is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
FISCAL IMPACT
There is no significant fiscal impact associated with adoption of the ordinances, apart from staff and outside counsel time required for its preparation and implementation.
Staff are unable to estimate the number of fines that could be collected annually but any Administrative Fines collected for enforcement of the Ordinances would be deposited into the General Fund.
BACKGROUND
City Council Action
On July 28, 2026, the City Council introduced and waived the first reading of Ordinance No. 1099 repealing and replacing Chapter 9.50 and Ordinance No. 1100 repealing and replacing Chapter 17.780 of the Brentwood Municipal Code.
CITY COUNCIL AGENDA ITEM NO. E.6
08/11/2026
Regulatory Context
In 2016, Proposition 64, known as the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), authorized under California law the use, possession, and cultivation of specified amounts of cannabis by adults 21 years of age or older. The AUMA also allows adults to possess, plant, cultivate, harvest, dry, or process not more than six cannabis plants and possess the cannabis produced by the plants, subject to the following restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with Health and Safety Code, § 11362.2(b).
(2) The living plants and any cannabis produced by the plants in excess of
28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
(Health & Safety Code, §§ 11362.1(a)(3), 11362.2(a).)
The AUMA authorizes local governments to enact and enforce reasonable regulations on the personal cultivation of cannabis. (Health & Safety Code, § 11362.2(b).) A local government may reasonably regulate personal cultivation and may prohibit outdoor cultivation, but it may not completely prohibit personal cultivation inside a private residence or inside a fully enclosed and secure accessory structure located on the grounds of a private residence.
Since 2017, the City has regulated cannabis activity and incorporated the requirements of State law into the Brentwood Municipal Code (BMC), allowing the City to levy administrative citation fines for cannabis violations under Chapters 1.24 and 9.50 of the BMC.
In 2022, Senate Bill 1186 (Wiener) (the Medicinal Cannabis Patients’ Right of Access Act) was passed which prohibits local governments, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits or effectively prohibits, the delivery of medicinal cannabis to patients or primary caregivers within their
CITY COUNCIL AGENDA ITEM NO. E.6
08/11/2026
jurisdictions. In October 2023, the City Council amended Chapter 9.50 and Chapter
17.780 to be consistent with the new regulations.
Subsequently, Assembly Bill 1684 (Maienschein) was passed (2023), which amended Section 53069.4 of the California Government Code to, among other things, increase the possible fine amount for specified violations associated with unlicensed commercial cannabis activity to $1,000 per violation. The bill also limited the total dollar amount of immediate administrative fines imposed under the provision to $10,000 per day. The bill also clarified that property owners and owners of occupant business entities, can be held jointly and severally liable for administrative fines imposed under the statute for unlawful cannabis activities, subject to applicable statutory protections.
Cultivation of more than the allowed six plants in a residential home is an occasional enforcement issue for the City. Large-scale commercial cannabis cultivations may illegally contain hundreds and, in some cases, thousands of cannabis plants in a single home or other structure. Within these residential homes or commercial buildings with illegal cannabis cultivations, Neighborhood Services staff routinely identify unsafe and unpermitted electrical wiring, as well as other unpermitted construction, including natural gas lines, HVAC systems, and unpermitted new walls, floors and rooms. Further, significant damage to the structure, including extensive mold, is often present. This activity involves numerous code violations and negatively affects public safety, the quality of life, as well as property values for the surrounding neighborhood.
When notified of a potential illegal grow house, the California Department of Cannabis Control and the Brentwood Police Department conduct the criminal investigation, while Neighborhood Services staff document the various life and safety concerns and unpermitted construction, and pursue administrative enforcement of the BMC.
The City’s current administrative citation fines are $100 for the first violation, $200 for the second violation, and $500 for the third violation. To further combat illegal cannabis cultivation, along with many other municipalities, the City’s existing ordinance specifies that each plant represents a separate violation of the City’s ban on cultivation, meaning that each plant is subject to its own fine. The City’s ability to issue fines on a per plant basis has been an effective deterrent against illegal growhouses.
Assembly Bill 1684 limits administrative fines immediately imposed under Government Code Section 53069.4(a)(2)(B) to $1,000 per violation and $10,000 per day. The statutory cap does not necessarily apply to other penalties imposed
CITY COUNCIL AGENDA ITEM NO. E.6
08/11/2026
pursuant to different authority or to administrative penalties imposed after notice and a reasonable period to correct the violation.
Planning Commission Recommendation
On May 5, 2026, The Planning Commission considered a zoning text amendment to repeal and replace Chapter 17.780 of the BMC. The Planning Commission voted unanimously to adopt a resolution recommending approval to the City Council of the draft ordinance repealing and replacing Chapter 17.780 of the BMC.
The proposed Chapter 17.780 preserves the same underlying land use policy considered by the Planning Commission. It has been streamlined to cross-reference the detailed regulatory provisions in Chapter 9.50 and to focus on its zoning and land use function.
Proposed Ordinance Changes
The proposed ordinances repeal and replace Chapters 9.50 and 17.780 and were drafted to be consistent with new legislation. The two chapters serve different but complementary purposes. Chapter 9.50 contains the City’s principal regulatory, nuisance, and enforcement provisions. Chapter 17.780 addresses the zoning and land use prohibition and cross-references Chapter 9.50 for applicable definitions, exceptions, and enforcement provisions.
In accordance with State Law, the proposed ordinances provide the tools that allow the City to issue citations of up to $1,000 per plant, per day for specified violations involving qualifying unlicensed commercial cannabis activity, up to an aggregate amount of $10,000 per day.
Administrative citations can also be issued for violations of building, plumbing, electrical, or other similar structural health and safety requirements provided those violations result from or facilitate qualifying unlicensed commercial cannabis activity and are subject to the same $10,000 per day aggregate cap for immediate penalties.
The proposed ordinances maintain the City’s prohibition on cannabis facilities and commercial cannabis activities to the fullest extent permitted by state law, while recognizing lawful personal cultivation, medicinal cannabis delivery, transportation on public roads, and other activities protected by state law.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable
CITY COUNCIL AGENDA ITEM NO. E.6
08/11/2026
PREVIOUS ACTION
Previous Actions by the City Council are included in Attachment 1.
DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on July 17, 2026.
ENVIRONMENTAL DETERMINATION
The adoption of the ordinances replaces Chapter 9.50 and Chapter 17.780 of the BMC in entirety and is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as it can be seen with certainty that there is no possibility that the adoption and implementation of the ordinances will have a significant effect on the environment. Therefore, this activity is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not adopt the attached Ordinances.
2. Modify the attached Ordinances based on legally defensible findings.
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Actions
2. Ordinance Chapter 9.50
3. Ordinance Chapter 17.780
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City 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 September 26, 2006, the City Council unanimously voted to adopt Ordinance 838 to add Chapter 9.50 to the Brentwood Municipal Code (“BMC”) prohibiting medical marijuana dispensaries pending the completion of studies related to the impacts associated with such dispensaries.
On December 11, 2007, the City Council introduced and waived the first reading of Ordinance No. 855.
On January 8, 2008, the City Council waived the second reading and adopted Ordinance No. 855 to amend Chapter 9.50 of the BMC to Permanently Prohibit Medical Marijuana Dispensaries.
On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 963 to amend Title 17 of the BMC by establishing a new chapter (Chapter 17.780 – Medical Marijuana Facilities) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.
On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 964 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Dispensaries) and replacing it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities and Cultivation).
On October 24, 2017, the City Council adopted Ordinance No. 993 repealing Brentwood Municipal Code Chapter 17.780 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 17.780 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.
On October 24, 2017, the City Council adopted Ordinance No. 994 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.
On July 26, 2022, the City Council adopted Ordinance No. 1042 updating penalties for the illegal cultivation of Marijuana making each plant grown over the amount allowed by state statute a separate violation.
On October 24, 2023, the City Council adopted Ordinance No. 1062 repealing Chapter
17.780 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 17.780 (Cannabis Facilities and Cultivation) to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries within the City of Brentwood.
On October 24, 2023, the City Council adopted Ordinance No. 1063 repealing Chapter
9.50 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 9.50 (Cannabis Facilities and Cultivation).
On July 28, 2026 the City Council introduced and waived the first reading of Ordinance N0. 1099 repealing and replacing Chapter 9.50 and Ordinance No. 1100 repealing and replacing Chapter 17.780 of the Brentwood Municipal Code
ORDINANCE NO. 1099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD REPEALING BRENTWOOD MUNICIPAL CODE
CHAPTER 9.50 (CANNABIS FACILITIES AND CULTIVATION) AND
REPLACING IT IN ITS ENTIRETY WITH A NEW BRENTWOOD
MUNICIPAL CODE CHAPTER 9.50 (CANNABIS FACILITIES AND
CULTIVATION)
WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which enacted provisions governing adult-use cannabis, including provisions now codified in Division 10 of the Business and Professions Code; and
WHEREAS, AUMA allows individuals 21 years of age or older to possess, use, and cultivate adult-use cannabis in certain amounts, including possession of up to
28.5 grams of non-concentrated cannabis or 8 grams of cannabis in a concentrated form (e.g., cannabis edibles); and
WHEREAS, except as provided in the Medicinal Cannabis Patients’ Right of Access Act, Division 10 of the Business and Professions Code does not supersede or limit the City’s authority to regulate businesses licensed under that division, including through local zoning, land use, business license, and other regulatory requirements; and
WHEREAS, Business and Professions Code Section 26200 provides that a city may “completely prohibit the establishment or operation of one or more types of businesses licensed under” Division 10 of the Business and Professions Code; and WHEREAS, subject to applicable state law, cities retain broad authority under Division 10 of the Business and Professions Code to regulate commercial cannabis businesses and land uses, including by prohibiting one or more types of licensed cannabis businesses or establishing a local regulatory framework for such businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational cannabis dispensaries, cannabis cultivation facilities, commercial cannabis activities, and medical cannabis deliveries; and WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Wiener), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and
WHEREAS, on October 24, 2023, the City Council adopted Ordinance No. 1063 repealing Chapter 9.50 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 9.50 (Cannabis Facilities and Cultivation); and
WHEREAS, on July 28, 2026, the City Council introduced and waived the first reading of Ordinance No. 1099 repealing and replacing Chapter 9.50 of the Brentwood Municipal Code; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 9.50 to continue prohibiting cannabis facilities and commercial cannabis activities to the fullest extent permitted by state law, regulate personal cannabis cultivation, and recognize the delivery and transportation activities protected by state law; and WHEREAS, Government Code Section 53069.4 authorizes local agencies, under specified circumstances, to impose immediate administrative penalties for unlicensed commercial cannabis activity that violates local zoning, structural, health, or safety requirements; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. Repealing and Replacing Former Chapter 9.50. Brentwood Municipal Code Chapter 9.50 is hereby repealed and replaced in its entirety with the new Chapter 9.50, attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. Compliance with CEQA. The City Council hereby finds that the adoption of this Ordinance to replace Chapter 9.50 of the Brentwood Municipal Code in its entirety is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment within the meaning of CEQA Guidelines Section 15061(b)(3).
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance or its attachments is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions. The City Council declares that it would have adopted each section, subsection, provision, sentence, and clause of this Ordinance irrespective of the validity of any other provision.
SECTION 5. Inclusion in the Brentwood Municipal Code. It is the intention of the City Council that the text set forth in Exhibit A be made a part of the Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.
SECTION 6. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing a summary of the Ordinance or the Ordinance in accordance with that law.
The City Clerk is further directed to cause Chapter 9.50, as provided in Exhibit A, to be entered in the Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.
THE FOREGOING ORDINANCE was introduced with the first reading waived by the City Council of the City of Brentwood on the 28th day of July 2026 by the following vote:
AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted by the City Council of the City of Brentwood, with the second reading waived, at a regular meeting of the City Council of the City of Brentwood held on the 11th day of August 2026, by the following vote:
Exhibit A
Chapter 9.50
Chapter 9.50 CANNABIS FACILITIES AND CULTIVATION
§ 9.50.010. Purpose.
The purpose and intent of this chapter is to prohibit, to the fullest extent legally permitted, all commercial cannabis activities within the city limits. This chapter does not prohibit the personal use or personal cultivation of cannabis that complies with applicable state law and this chapter. Cannabis remains regulated as a controlled substance under federal law, notwithstanding activities authorized under California law. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis facilities and in connection with cannabis deliveries, which is contrary to policies intended to promote and maintain the public’s health, safety, and welfare.
§ 9.50.020. Definitions.
The following definitions apply to this chapter. Unless the context clearly indicates otherwise, references to cannabis, cannabis products, cannabis facilities, and commercial cannabis activities include both medicinal and nonmedicinal cannabis. “Cannabis” (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis Facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, whether fixed or mobile location, a Commercial Cannabis Activity whether for medicinal or recreational or other purposes, for which engaging in, conducting, or carrying on, said activity requires a state license, permit, or registration of any kind, or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation or delivery, cannabis storage, manufacturing of cannabis products, cannabis packaging or processing, cannabis laboratory testing, the sale of any cannabis or cannabis products, cannabis dispensary and the operation of a cannabis microbusiness.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients, whether for medicinal or recreational or other purposes.
“Commercial Cannabis Activity” means the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products for commercial purposes, or any other related activity specifically involving cannabis or cannabis products, whether for profit or nonprofit, and whether for medicinal or recreational or other purposes, whether fixed or mobile location, and for which a state license, permit, or registration of any kind, is required.
“Cultivation” or to “cultivate” means any activity involving the planting, growing, harvesting, drying, curing, grading, processing of any kind, or trimming of cannabis.
Cultivation can be considered commercial or non-commercial. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribute” or “distribution” means the procurement, wholesale sale, and transport of cannabis products between entities requiring to be permitted or licensed under this chapter, another local California jurisdiction, or state law. “Establish” or “operate” a Cannabis Facility or Commercial Cannabis Activity means and includes any of the following:
The opening or commencement of the operation of a Cannabis Facility or Commercial Cannabis Activity;
The conversion of an existing business, facility, use, establishment, or location to a Cannabis Facility or Commercial Cannabis Activity; or The addition of a Cannabis Facility or Commercial Cannabis Activity to any other existing business, facility, use, establishment or location. “Responsible Person” or “Responsible Parties” means each person committing, causing, maintaining, knowingly permitting, or allowing a violation or nuisance condition on a parcel of real property located within the City of Brentwood in violation of the Brentwood Municipal or Zoning Code; each person who has an ownership interest in that property and has actual knowledge of the violation or, after receiving notice of the violation, fails to take reasonable steps within the person’s legal authority to correct it; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property, including, but not limited to, the landowner, lessee, tenant, or subtenant.
In the event that the person who commits the violation or causes the violating condition is a minor, then the minor’s parent or legal guardian shall be deemed as an
additional Responsible Party, only if the parent or legal guardian commits, causes, maintains, knowingly permits, or knowingly allows the violation.
In the event that the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner, member, or officer of that business or knowingly permits the business activity giving rise to the violation shall be deemed to be additional Responsible Parties if that person knowingly permits the business activity giving rise to the violation.
This definition does not preclude multiple individuals or entities from being Responsible Parties. All individuals or entities that fall under this definition shall be considered individually a Responsible Person and collectively as the Responsible Parties. The imposition of liability under this definition remains subject to all notice, knowledge, opportunity-to-cure, and other protections required by applicable law, including Government Code Section 53069.4.
§ 9.50.030. Cannabis Facilities prohibited.
Except as expressly authorized by Sections 9.50.050 and 9.50.060 or other applicable law, Cannabis Facilities, whether or not medicinal in whole or in part, whether or not holding an active license or permit from a governmental agency, whether at a fixed or mobile location, are prohibited and declared a public nuisance in all zoning districts, specific plan areas, overlay zones and planned development zones in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a Cannabis Facility within the city. No person may be the lessor of property where a Cannabis Facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any Cannabis Facility in the city.
§ 9.50.040. Commercial Cannabis Activities prohibited.
Except as expressly authorized by Sections 9.50.050 and 9.50.060 or other applicable law, Commercial Cannabis Activities, whether or not holding an active license or permit from a governmental agency, whether fixed or mobile location, are prohibited and declared a public nuisance in all zoning districts, specific plan areas, overlay zones and planned development zones, in the city and shall not be established or operated anywhere in the city.
Cannabis delivery, distribution, and transport within city limits are explicitly prohibited in section 9.50.060 with an exception described therein. Cannabis plant possession, cultivation, harvest, drying, and processing is explicitly prohibited in section 9.50.050 with an exception described therein. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of any Commercial Cannabis Activity. No person may lease, rent, or otherwise make property available for the establishment or operation of a Cannabis Facility prohibited by this chapter. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any Commercial Cannabis Activities in the city.
§ 9.50.050. Cannabis cultivation prohibited.
A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in any zoning district, specific plan areas, overlay zones and planned development zones in the city, upon which the person knows, or by exercising reasonable care and diligence, should know that such parcel is being used for the possession, cultivation, harvest, drying, or processing of cannabis plants, regardless of whether such cultivation is indoor or outdoor, and regardless of whether such cultivation is for medical, commercial, recreational, or personal uses, except if in compliance with subsection B below. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued by the city for any such use or activity.
B. It is hereby declared to be unlawful and a public nuisance for any person to plant, cultivate, harvest, dry, or process cannabis plants for any purpose (i.e. medicinal, recreational, commercial, non-commercial), whether inside or outside, whether fixed or mobile location, whether or not holding an active license or permit from a governmental agency, unless in compliance with all of the following:
1. The prohibition in this section shall not prohibit a person twenty-one years of age or older from engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation that is occurring to occur.
2. The person conducting the cannabis cultivation shall comply with all applicable Building Code requirements set forth in Title 15 of the municipal code. There shall be no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas). The living plants and any cannabis produced by the plants must be kept within the person’s private residence and must be secured in a locked space, and are not visible by normal unaided vision from a public place.
3. All personal cultivation must comply with all local ordinances and state regulations.
§ 9.50.060. Cannabis delivery and transport prohibited.
A. Except as set forth in subsections B and C, no person and/or entity that is located outside or within the city may distribute, deliver, or transport cannabis from any fixed or mobile location, for any purpose, whether or not holding an active license or permit from a governmental agency, to any person in the city and any such
distribution, delivery, or transport is prohibited in all zoning districts, specific plan areas, overlay zones, and planned development zones in the city.
B. Nothing in this chapter prohibits a person holding a valid state cannabis license from transporting cannabis or cannabis products on public roads in compliance with applicable state law, including transportation through the city that does not involve delivery to a recipient in the city.
C. As an exception to subsection A, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26320, et seq.) a person licensed under Division 10 of the Business and Professions Code and authorized under state law to engage in retail sale by delivery of medicinal cannabis may deliver medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:
1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses permitted by state law and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages or other locations at which delivery is prohibited by state law.
2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a city business license prior to commencing any delivery service within city limits.
3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to state regulations, ensuring that they are not accessible to minors during transit.
4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.
5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.
6. This section shall not be interpreted as prohibiting medicinal cannabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.
7. No requirement of this section shall be interpreted or enforced in a manner that conflicts with the Medicinal Cannabis Patients’ Right of Access Act.
§ 9.50.070. State and federal law prohibitions and restrictions.
A. A purpose of this chapter is to prohibit all Commercial Cannabis Activities for which a state or other governmental license, permit, or other type of authorization is
required. Accordingly, the city shall not issue any permit, license or other entitlement for any Commercial Cannabis Activity.
B. Nothing contained in this chapter shall be deemed to permit or authorize any use or another activity that is otherwise prohibited by any state or federal law.
C. Nothing in this chapter shall be applied to prohibit personal cultivation authorized by Section 9.50.050, medicinal-cannabis delivery authorized by Section 9.50.060, or transportation on public roads protected by applicable state law. § 9.50.080. Violations and Enforcement.
A. Any person who willfully commits, causes, or maintains a violation of any provision of this chapter, or who knowingly permits a violation to occur or continue, is guilty of a misdemeanor and subject to the penalties and procedures of this Code. The mental-state requirement in this subsection applies only to criminal liability and does not limit civil or administrative enforcement to the extent otherwise authorized by law. In the event of any conflict between the penalties enumerated under Title 1 or this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. Any public nuisance that falls under the purview of this chapter is subject to the penalties and procedures, including any rights of appeal, of this Code.
B. Any violations or non-compliance with the provisions of this chapter are unlawful and constitute a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in any manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate, cause cessation, or remove such commercial cannabis business and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business contrary to the provisions of this chapter.
C. In addition to the penalties set forth in this chapter, an Administrative Citation may be immediately issued by any employee authorized to issue such citations under this code to any Responsible Person for any condition caused or permitted to exist in violation of any of the provisions of this chapter as follows, and as procedurally outlined, including appeal rights if applicable, under chapter 1.24 of this Code:
1. Each violation involving unlicensed Commercial Cannabis Activity that qualifies for immediate administrative penalties under applicable law of this chapter shall be subject to an administrative citation penalty of $1,000.00 per plant or per violation per day, which shall not exceed $10,000 per day. This subparagraph shall not be construed to limit the imposition of larger fines that are otherwise authorized by applicable law.
2. To the extent authorized by Government Code Section 53069.4, an administrative citation may impose an immediate penalty for a violation of local zoning restrictions or building, plumbing, electrical, other similar structural, or health and safety requirements when the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required under Division 10 of the Business and Professions Code.
3. Immediate administrative penalties under this subsection shall not be imposed for lawful personal cultivation, authorized medicinal-cannabis delivery, commercial cannabis activity undertaken pursuant to a valid state license and applicable state regulations, transportation protected by applicable state law or any activity exempt from state licensing.
4. Immediate administrative penalties under this subsection shall not be imposed on a rental-property owner or agent without first providing a reasonable period to correct or remedy the violation when all conditions stated in Government Code Section 53069.4(a)(2)(E), as that section may be amended, are satisfied.
D. Each Responsible Person shall be subject to a separate civil or administrative violation for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, that is allowed, committed, continued, maintained or permitted by such person, and shall be subject to enforcement accordingly. Criminal liability under this subsection remains subject to the mental-state requirement in subsection A.
E. Whenever this chapter makes any act or omission unlawful, the prohibition includes causing, permitting, allowing, aiding, abetting, suffering, or concealing such act or omission. To the extent authorized by applicable law, civil and administrative liability for a violation of this chapter may be imposed jointly and severally on a property owner or other Responsible Person without proof of intent, fault, or negligence, provided that the person otherwise satisfies the applicable definition of Responsible Person and subject to all applicable knowledge, notice, and opportunity-to-cure requirements. Joint and several liability for immediate administrative fines imposed on a property owner or an owner of an occupant business entity shall be limited to the circumstances authorized by Government Code Section 53069.4.
F. The code enforcement officer or other duly authorized representative may monitor and enforce as appropriate the provisions of this chapter. No person shall knowingly interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of official duties. Violators may be punished pursuant to Section 1.16.010 of this Code.
G. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, the city’s code, or in any other ordinance, laws, rules or regulations of the city, county, or the State of California.
H. Notwithstanding Section 1.16.050, where the Enforcement Officer makes written findings, based on specific facts, thata violation of this chapter relating to real property constitutes an immediate threat to public health or safety, the City may record a Notice of Pending Action immediately. The written findings shall identify the violation, describe the nature and immediacy of the threat, and explain why the ordinary pre-recordation procedures cannot be completed without materially increasing or prolonging the threat. Except as otherwise provided in this subsection, the procedures set forth in Section 1.16.050 shall apply. In such circumstances:
1. The notice required by Section 1.16.050(B)(1) shall not be required to provide a reasonable time limit to bring the property into compliance prior to recordation;
2. The City may record the Notice of Pending Action before completion of the appeal procedures otherwise described in Section 1.16.050(B)(2) and (3);
3. Written notice of the recordation shall be provided in the manner described in Section 1.16.050(B)(1) within five (5) business days following recordation;
4. Any appeal under Section 1.16.050(B)(2) shall be treated as a postrecordation appeal; and
5. Section 1.16.050(B)(4) shall continue to apply.
I. The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1, 5, 8 and 17 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law.
J. Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with state law.
ORDINANCE NO. 1100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD REPEALING CHAPTER 17.780 (CANNABIS
FACILITIES AND CULTIVATION) AND REPLACING IT IN ITS
ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS
FACILITIES AND CULTIVATION) OF THE BRENTWOOD
MUNICIPAL CODE TO REGULATE CANNABIS ACTIVITIES WITHIN
THE CITY OF BRENTWOOD
WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which enacted provisions governing adult-use cannabis, including provisions now codified in Division 10 of the Business and Professions Code allowing individuals to possess, use, and cultivate recreational cannabis in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated cannabis or 8 grams of cannabis in a concentrated form (e.g., cannabis edibles); and WHEREAS, except as provided in the Medicinal Cannabis Patients’ Right of Access Act, Division 10 of the Business and Professions Code does not supersede or limit the City’s authority to regulate businesses licensed under that division, including through local zoning, land use, and business-license requirements; and WHEREAS, Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” Division 10 of the Business and Professions Code; and WHEREAS, subject to applicable state law, cities retain broad authority to regulate commercial cannabis businesses and land uses, including by prohibiting one or more types of licensed cannabis businesses or establishing a local regulatory framework for such businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational cannabis dispensaries, cannabis cultivation facilities, commercial cannabis activities, and medical cannabis deliveries; and WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Wiener), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and WHEREAS, on September 19, 2023, the Planning Commission held a public hearing to consider the adoption of a resolution recommending that the City Council repeal and replace Chapter 17.780 of the Brentwood Municipal Code. Following the
public hearing, the Planning Commission adopted a resolution recommending approval of the ordinance; and
WHEREAS, on October 24, 2023, the City Council adopted an ordinance repealing Chapter 17.780 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 17.780 (Cannabis Facilities and Cultivation); and
WHEREAS, on May 5, 2026, the Planning Commission held a duly-noticed public hearing to consider proposed amendments repealing and replacing Chapter
17.780 of the Brentwood Municipal Code to maintain the City’s prohibition of cannabis facilities and commercial cannabis land uses to the fullest extent permitted by state law. The Planning Commission voted unanimously to adopt Resolution No. 26-003 recommending adoption of the Ordinance; and
WHEREAS, on July 28, 2026 the City Council introduced and waived the first reading of Ordinance No. 1100 repealing and replacing Chapter 17.780 of the Brentwood Municipal Code.
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 17.780 to prohibit cannabis facilities and commercial cannabis land uses to the fullest extent permitted by state law while recognizing activities protected by state law; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect to Brentwood Municipal Code Section 17.870.008:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of a proposed action with the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
This zoning text amendment is consistent with the City of Brentwood General Plan (as updated July 2014), insofar as it implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable commercial, business park, mixed-use, and residential lands sufficient to meet desired growth and economic needs over the planning period”). The Ordinance does this by
maintaining the City’s prohibition on the establishment of cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor otherwise contrary to the public interest, as it carries out the directive of State law.
SECTION 3. Repealing and Replacing Former Chapter 17.780.
Brentwood Municipal Code Chapter 17.780 is hereby repealed and replaced in its entirety with a new Chapter 17.780, as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 4. Compliance with CEQA. The City Council hereby finds that the adoption of this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions. The City Council declares that it would have adopted each provision of this Ordinance irrespective of the validity of any other provision.
SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the City Council that the text in Exhibit A of this Ordinance be made a part of the Brentwood Municipal Code and that the text may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.
SECTION 7. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing a summary of the Ordinance or the Ordinance in accordance with that law.
The City Clerk is directed to cause Chapter 17.780, as provided in Exhibit A, to be entered in the Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.
THE FOREGOING ORDINANCE was introduced with the first reading waived by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:
AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted by the City Council of the City of Brentwood, with the second reading waived, at a regular meeting of the City Council of the City of Brentwood held on the 11th day of August 2026, by the following vote:
EXHIBIT A
Chapter 17.780
Chapter 17.780 CANNABIS FACILITIES AND CULTIVATION
§ 17.780.010. Purpose.
The purpose of this chapter is to prohibit Cannabis Facilities and Commercial Cannabis Activities as land uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city to the fullest extent permitted by state law. This chapter shall be interpreted consistently with Chapter 9.50. § 17.780.020. Definitions.
The capitalized terms “Cannabis,” “Cannabis Facility,” “Commercial Cannabis Activity,” “Cultivation,” and “Delivery” have the meanings stated in Section 9.50.020. § 17.780.030. Cannabis Facilities Prohibited.
Except as expressly authorized by Chapter 9.50 or applicable state law, Cannabis Facilities are prohibited uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city. No Cannabis Facility may be established, operated, maintained, or expanded within the city. The city shall not issue or approve any use permit, variance, building permit, business license, or other permit or entitlement authorizing a Cannabis Facility prohibited by this section.
Nothing in this section requires the city to issue a building permit or other ministerial permit for an activity prohibited by Chapter 9.50 or this chapter. § 17.780.040. Commercial Cannabis Activities Prohibited.
Except as expressly authorized by Chapter 9.50 or applicable state law, Commercial Cannabis Activities are prohibited uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city. No Commercial Cannabis Activity may be established, operated, maintained, or expanded within the city. The city shall not issue or approve any use permit, variance, building permit, business license, or other permit or entitlement authorizing a Commercial Cannabis Activity prohibited by this section. Nothing in this section requires the city to issue a building permit or other ministerial permit for an activity prohibited by Chapter 9.50 or this chapter.
§ 17.780.050. Personal Cultivation.
Personal cultivation of cannabis is governed by Section 9.50.050. Nothing in this chapter shall be interpreted to prohibit indoor personal cultivation that the city is prohibited from banning under Health and Safety Code Sections 11362.1 and 11362.2. The city may regulate or prohibit outdoor personal cultivation to the extent permitted by state law.
§ 17.780.060. Delivery and Transportation.
Medicinal cannabis delivery and the transportation of cannabis or cannabis products on public roads are governed by Section 9.50.060. Nothing in this chapter shall be interpreted or enforced to prohibit delivery or transportation protected by applicable state law.
§ 17.780.070. Enforcement.
A violation of this chapter is unlawful and constitutes a public nuisance. The city may enforce this chapter through any criminal, civil, administrative, nuisance-abatement, or other remedy authorized by Chapter 9.50, Title 1, or applicable law. The remedies available under this section are cumulative.
§ 17.780.080. Interpretation.
In the event of a conflict between this chapter and Chapter 9.50, the provisions shall be harmonized to the extent reasonably possible. If the provisions cannot be harmonized, the more specific provision shall govern. Nothing in this chapter authorizes a use or activity prohibited by Chapter 9.50 or applicable state or federal law, and nothing in this chapter prohibits an activity that the city is precluded from prohibiting under state law.
CITY COUNCIL AGENDA ITEM NO. F.1
08/11/2026
SUBJECT: The purchase of five new Solid Waste collection trucks, and authorization for the City Manager or designee, to execute necessary documents in an amount not to exceed $4,884,905 DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Christopher Ziemann, Assistant Director of Public Works Lawrence Tirnetta, Provisional Fleet and Facilities Manager
TITLE/RECOMMENDATION
Adopt a resolution approving the purchase of five new collection trucks for the Solid Waste Division from Haaker Equipment Company; authorizing the City Manager or designee to execute all necessary associated documents in a total amount not to exceed $4,884,905; and amending the FY 2026/27 Solid Waste Enterprise Fund Operating Budget by $384,905.
FISCAL IMPACT
If approved, the total not-to-exceed purchase amount for five new collection trucks for the Solid Waste Enterprise is $4,884,905.
Following a comprehensive evaluation, the review team determined that the vehicle configuration used in the original budget estimation did not fully meet the City’s operational requirements for residential organic waste collection. As a result, an alternate vehicle platform was selected that will better meet the City’s regulatory requirements and operational needs. This change resulted in a cost increase of $384,905 above the amount included in the FY 2026/27 Operating Budget.
The Solid Waste Enterprise Fund has sufficient available fund balance to absorb the additional cost, and approval of this purchase will not adversely impact the fund's financial outlook.
CITY COUNCIL AGENDA ITEM NO. F.1
08/11/2026
Funding
Source Description
Bid
Amount
2026/27
Budget
2026/27
Budget
Amendment
Required
Solid Waste
Enterprise 5 new collection trucks $4,884,905 $4,500,000 $384,905 The City is pursuing available incentive vouchers for up to $150,000 per truck through the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Program (HVIP). If the City receives the maximum available HVIP incentive funding of $750,000, the estimated net cost of the trucks would be approximately $4.13 million. The required Operating Budget amendment will be funded by existing Solid Waste Enterprise cash reserves which will remain above 30%.
BACKGROUND
On June 9th the City Council directed staff to provide enhanced service levels for our residents. The enhanced services will include an increase in service frequency to weekly organics (green cart) collection from the current bi-weekly service.
To implement this directive, the Solid Waste Division will have to utilize all fifteen (15) existing split body residential collection trucks to service garbage and organics routes. To preserve the current recycling frequency, the Solid Waste Division will need to hire four new personnel and purchase five new collection trucks.
The four new positions consist of one Equipment Mechanic to perform corrective and preventive maintenance on the expanded fleet, and three new Solid Waste Equipment Operators to staff the additional routes required to collect recycling. The five-vehicle purchase exceeds the three new operator positions in order to maintain an adequate spare ratio and to accommodate vehicle downtime associated with charging cycles.
The new vehicles will be single-body automated side loaders dedicated exclusively to recycling collection. While recycling will stay on a bi-weekly pickup schedule, the recycling pickup routes will be reconfigured and will be run five days a week.
Because the five recommended trucks are new additions to the City's fleet, they are subject to the zero-emission vehicle purchase requirements that the California Air Resources Board's (CARB) Advanced Clean Fleets (ACF) Regulation applies to state and local government agency fleets.
CITY COUNCIL AGENDA ITEM NO. F.1
08/11/2026
Purchasing zero-emission vehicles for this expansion therefore advances the City's compliance position under the ACF Regulation. Staff notes that CARB has amended the ACF Regulation and further amendments remain pending; staff will continue to monitor the rulemaking and will return to Council if the applicable requirements change materially.
Senate Bill (SB) 1383 requires jurisdictions to provide organic waste collection service and to divert organic waste, including food scraps, yard debris, and food-soiled paper, from landfill disposal. Implementation of SB 1383 has significantly increased demand for organics collection operations citywide. SB 1383 does not prescribe a collection frequency. Weekly organics collection is a service enhancement adopted at the direction of the City Council, above the minimum required by state law.
The recommended new collection trucks are electric McNeilus Volterra ZSL EV residential side loading single body trucks, purchased through Haaker Refuse Equipment Company. Haaker Refuse Equipment is part of a Sourcewell Cooperative Purchasing Agreement (Contract #110223-MCN). These electric vehicles (EVs) qualify as Zero Emissions Vehicles (ZEVs) to satisfy compliance with the California Air Resources Board (CARB) Advance Clean Fleet (ACF) Regulation and support the reduction of greenhouse gas emissions.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
CITY COUNCIL AGENDA ITEM NO. F.1
08/11/2026
1. Do not approve of staff’s recommendation.
2. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Truck Purchase Quote
4. Sourcewell Cooperative Purchasing Agreement
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 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).
On June 9, 2026, by Resolution 2026-57, the City Council authorized an increase in Solid Waste service levels to include weekly collection of green waste.
On June 23, 2026, by Resolution 2026-65, the City Council adopted the FY 2026/27 – 2027/28 Operating Budget.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE PURCHASE OF FIVE NEW
COLLECTION TRUCKS FOR THE SOLID WASTE DIVISION, FROM
HAAKER EQUIPMENT COMPANY; AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY
ASSOCIATED DOCUMENTS IN A TOTAL AMOUNT NOT TO EXCEED
$4,884,905; AND AMENDING THE FY 2026/27 SOLID WASTE
ENTERPRISE FUND OPERATING BUDGET BY $384,905
WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 9, 2026, by Resolution No. 2026-57, the City Council approved:
1. An increase in Solid Waste service levels to include weekly collection of green waste/organics collection, with implementation subject to the City’s final budget approval, procurement, staffing, operational readiness, and applicable law; and
2. Directed staff to incorporate the necessary staffing, vehicle, and operating cost assumptions for the enhanced Solid Waste service level into the proposed Fiscal Years 2026/27 through 2027/28 Operating Budget for City Council consideration; and
WHEREAS, on June 9, 2026, by Resolution 2026-57, the City Council approved the implementation of lower water rates than previously approved in the FY 2023/24 – 2027/28 rate study, and authorized enhanced solid waste service levels to include weekly green waste/organics collection; and
WHEREAS, on June 23, 2026, by Resolution No. 2026-65, the City Council adopted the FY 2026/27 – 2027/28 Operating Budget; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, five collection trucks purchased will be McNeilus Volterra ZSL residential side loading EV single body trucks; and
WHEREAS, Haaker Refuse Equipment Company was identified as the vendor that meet the City’s operational needs; and
WHEREAS, a Cooperative Purchasing Agreement (Sourcewell Contract No. 110223-MCN) with Haaker Refuse Equipment Company will be utilized for the purchase of the new collection trucks; and
WHEREAS, these purchases are in compliance with Purchasing Policy No. 10- 7 and the Use of Vehicles and Related Equipment Policy No. 10-9; and WHEREAS, the total not to exceed cost $4,884,905 will be expended from the 2026/27 Solid Waste Enterprise Fund Operating Budget; and WHEREAS, staff is requesting the 2026/27 Solid Waste Enterprise Fund Operating Budget be amended in the amount of $384,905 to allow for these expenditures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby:
1. Approves the purchase of five McNeilus Volterra ZSL residential side loading EV single body collection trucks from Haaker Equipment Company pursuant to Sourcewell Contract No. 110223-MCN; and
2. Authorizes the City Manager or designee to execute all documents necessary to complete the purchase, in forms approved by the City Attorney, for a total amount not to exceed $4,884,905; and
3. Amends the FY 2026/27 Solid Waste Enterprise Fund Operating Budget to increase appropriations by $384,905.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of August 2026 by the following vote:
3624 Munster Ave. Unit A, Hayward, CA 94545
(510) 514-0043 ~ haakerrefuse.com
QUOTE
July 16, 2026
TO: CITY OF BRENTWOOD ATTN: LAWRENCE TIRNETTA
2201 ELKINS WAY (925) 516-6018
BRENTWOOD, CA 94513 [email protected]
In Accordance with Your Request, We are Pleased to Submit the Following Proposal for Your Consideration and Approval Based on The Sourcewell Cooperative Purchasing Agreement – Contract #110223-MCN.
NEW McNEILUS VOLTERRA ZSL
27 -Yard Zero Radius Automated Side Loader, 3-String EV Battery Capacity.
STANDARD AND OPTIONAL EQUIPMENT INCLUDES:
CHASSIS
CHASSIS TYPE MCNEILUS CHASSIS
CHASSIS MAKE MCNEILUS
CHASSIS MODEL VOLTERRA
CHASSIS MODEL YEAR 2025
CHASSIS VIN YEAR 2026
RISE TABLET MOUNT INSTALLED NO
TINTED WINDOWS NO
FUEL TYPE ELECTRIC BATTERY PACK
PRIMARY FUEL SYSTEM ELECTRIC PROPULSION SYSTEM
EV BATTERY CAPACITY 3-STRING 498 KWH
CHARGE PORT MODEL SAE J1772CCS1 200-AMP
CHARGE PORT LOCATION CENTER, FOV, BELOW WINDSHIELD
PUMP DRIVE BODY MOUNTED ELECTRIC MOTOR
STEERING CONFIGURATION CURB SIDE SEATED STEERING
CAB SEATS CS AIR / SS FIXED
CAB MIRRORS HEATED ELECTRIC CAB MIRRORS
FRONT RECOVERY HOOK BUMPER MOUNTED RECOVERY PIN
REAR MUDFLAPS BLACK MCNEILUS LOGO
NOISE GENERATOR TRUE
BODY
CAPACITY ZSL 27YD LNG FLR SML TG LO PRO
BODY FLOOR THICKNESS 3/16" AR200 (HEAVY DUTY)
HOPPER FLOOR 1/4" AR400
TG BUMPER WIDTH 72 INCHES
TG SEAL HARD RUBBER SEAL
BODY OPTIONS
HOPPER TOP DOOR TOP DOOR W/O BRUSH SKIRT
JOYSTICK STYLE INTEGRATED JOYSTICK
CS OUTSIDE CONTROLS FRONT FENDER
TG BODY ARM UP FLASHING LED IN DASH DISPLAY
TAILGATE PROP OPENING STANDARD OPENING
PACKER FOLLOWER STANDARD 10GA 50KSI PANEL
PACKER FOLLOWER HINGE COVER YES, INCLUDED IN EVERY TRUCK X-WEAR IS STANDARD YES, INCLUDED IN EVERY TRUCK
CLEANOUT DOOR SPILL TRAY CURB SIDE AND STREET SIDE
HYDRAULICS
HYDRAULIC RESERVOIR STEEL CS INSIDE OF BODY
HYDRAULIC FLUID CASTROL HV32 DUAL RANGE
HYD RESERVOIR FLUSH QD #16 MALE QD SUC AND #16 MALE RET HYDRAULIC RETURN FILTER IN-TANK FILTER
FILL THROUGH FILTER #16 MALE QD IN FILTER TUBE
HYDRAULIC PUMP DUAL AXIAL PISTON PUMPS
PACKER/EJECTOR CYLINDER MAILHOT
RES SUCTION SHUTOFF VALVE BALL VALVE W/ YELLOW HANDLE
LOW HYD OIL LEVEL WARNING OIL LEVEL BUILT IN CAB DISPLAY TEMP SENSOR IN RESERVOIR YES, INCLUDED IN EVERY TRUCK
TELL TALE HYD TEMP GAUGE BUILT INTO DISPLAY
HYD FLUID SAMPLE PORT CHECK FLUID KP14NV 90DEG
PRESSURE TEST PORT INTEGRATED READING IN DISPLAY
SERVICE LIFT BODY SERVICE LIFT W/OUT PUMP
LIGHTING
LED LIGHT PACKAGE PROGRAMMABLE STROBE LIGHTS
HOPPER LIGHTS ONE GROTE ROUND LED
ARM WORK LIGHTS ONE GROTE ROUND LED
MID BODY WORK LIGHTS BOX MTD GROTE LED
MID-BODY DOT OVAL LIGHT OVAL AMBER TURN SIGNAL/MARKER
CENTER STOP LIGHT GROTE LIGHT CENTER OF TG
TG STROBE ACTIVATION ACTIVATED WHEN BODY ENABLED
TG CAMERA ASSIST LIGHTS DUAL GROTE ROUND LED
CAMERA
CAMERA SYSTEM INTEGRATED 360 CAMERA SYSTEM
TAILGATE CAMERA REAR VIEW IN 360 CAMERA SYSTEM
CAB CAMERA SS VIEW IN 360 CAMERA SYSTEM
ALLEY CAMERA ALLEY VIEW IN 360 CAMERA SYST
HOPPER CAMERA HOPPER VIEW IN 360 CAMERA SYST
ARM CAMERA ARM VIEW IN 360 CAMERA SYSTEM
CAMERA DISPLAY INTEGRATED IN CAB
DVR MOUNTED IN CAB DVR INTEGRATED W/ 360 CAM SYST
ARMS AND FORKS
ARM MODEL 12 FT EXTENDED REACH ARM-96GAL
ARM FINGERS STANDARD FINGER GRABBER
ARM CONTROLS CS JOYSTICK CONTROL
AUTOLOAD INTEGRATED IN ARM CONTROLS
GRABBER OPEN INTERLOCK INTEGRATED IN ARM CONTROLS
MISC BODY
CENTER BUMPER MOUNT TOOLBOX 16"D X 14"H X 24" W ALUMINUM BROOM HOLDER ON BODY NO
WHEEL CHOCK HLD, SIDE OF BODY SINGLE ALUMINUM CURBSIDE HOLDER WITH 2 BLOCKS
SAFETY
TRIANGLE SAFETY KIT BOLTED INSIDE BUMPER TOOLBOX
20 POUND FIRE EXTINGUISHER CS HEADFRAME MTD FIRE EXT
FIRE EXTINGUISHER IN CAB NO ADDITIONAL FIRE EXT IN CAB SPILL KIT 17 GALLON SPILL KIT
SPILL KIT MOUNTING LOC INSIDE TOOLBOX
COLLISION WARNING SYSTEM INTEGRATED ZF ONGUARDMAX
BACKUP ALARM PRECO 1059 DUAL TONE
PAINT
PAINT SCHEME PAINT LAYOUT ON FILE
NUMBER OF BODY COLORS QTY 1
BODY PAINT CATEGORY 1 COLOR, MEDIUM COMPLEXITY
BODY COLOR 1 DESCRIPTION WHITE
BODY COLOR 1 CODE HST500891
PRIMARY BODY COLOR SHADE LIGHT
CAB / HOOD PAINT PACKAGE STANDARD STOCK PAINT SCHEME
CONSPICUITY TAPE YES, INCLUDED IN EVERY TRUCK
DECAL LANGUAGE ANSI COMPLIANT ENGLISH
AUTOMATED ARM COLOR BLACK
NUMBER OF CAB COLORS QTY 1
CAB PAINT CATEGORY 1 COLOR, MEDIUM COMPLEXITY
CAB COLOR 1 DESCRIPTION WHITE
CAB COLOR 1 CODE HST500891
BATTERY PANEL COLOR DESCRIPTION WHITE
BATTERY PANEL COLOR CODE HST500891
PRIMARY BATTERY PANEL COLOR SHADE LIGHT
AXLE
ELECTRIC AXLE TANDEM ALLISON 100S, 2X23K LBS, GAWR
DIFFERENTIAL LOCK TRUE
FRONT TIRE SIZE 315/80R22.5
FRONT TIRE MAKE BRIDGESTONE
TANDEM WHEEL CONFIGURATION DUAL
TANDEM TIRE MAKE BRIDGESTONE
REAR SUSPENSION HENDRICKSON HAULMAXX SPRING
TAG AXLE QUANTITY ONE
TAG MAKE/MODEL WATSON 13.5K STLK
TAG WHEEL ENDS 10 STUD DUCTILE, HP
TAG WHEEL MATERIAL ALUMINUM, CLEAN BUFF
TAG TIRE BRIDGESTONE R250 255/70R 22.5
TAG TIRE ARRANGEMENT SINGLE DISHED INSIDE
TAG AXLE LOCK TRUE
AUX AXLE REGULATOR LOC SS BETWEEN CAB AND BODY
AUX AXLE PRESSURE GAUGE INTEGRATED IN DASH DISPLAY
SUBSCRIPTIONS
1685716 CLEARSKY,8-YEAR
PRICING FOR 1 UNIT:
UNIT PRICE: ................................................................................................................ $ 883,108.00 SALES TAX (BRENTWOOD, CA – 8.75%): .......................................................... $ 77,271.95 TARIFFS ...................................................................................................................... $ 16,601.00 FINAL UNIT PRICE: ............................................................................................... $ 976,980.95
FINAL PRICE FOR 5 UNITS: ............................................................................................. $ 4,884,904.75
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR
IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 120 Days . Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 180-220 Days TERMS: Net Terms
Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser’s purchase order or contract.
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: Matt Frazier DATE:
MATT FRAZIER
SALES REPRESENTATIVE
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