AUGUST 11, 2026, 7:00 PM
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBER, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council members will participate in person from the Council Chamber. Members of the public are invited to attend and participate in the Council Chamber at 150 City Park Way, Brentwood, CA.
Members of the public may also attend the meeting and provide public comment remotely through Zoom.
Remote participants will receive the same public comment time as those attending in person. If remote access is disrupted during the meeting, the open session will recess while City staff make reasonable, goodfaith efforts to restore service. The meeting will remain in recess for at least one hour or until service is restored, whichever occurs first. If service is restored, the meeting will reconvene. If service is not restored, the City Council may adjourn the meeting or continue in open session after adopting the findings required by Government Code § 54953.4 and City Council Policy No. 110-1.
Members of the public who cannot attend in person or participate remotely may submit written comments by 3:00 p.m. prior to the meeting.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE:
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL:
a. Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
August 11, 2026, 7:00 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PRESENTATIONS
C.1 REACH Project Overview
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to three minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. In accordance with State law, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Members of the public have the option of giving public comment in person or via two-way telephonic service (Zoom).
Members of the public participating in person are asked to file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers. Members of the public participating via Zoom are asked to use the raise-hand feature to indicate a desire to make a public comment.
During this portion of the meeting, the public is permitted to speak on items not listed on the agenda. Public comments for scheduled agenda items should wait until that time.
In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.
E. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
E.1 Meeting Minutes of the City Council
Special City Council Meeting Minutes of July 28, 2026
E.2 Designation of the Voting Delegate and Alternate Delegates for the 2026 League of California Cities Annual Conference
Title/Recommendation
Adopt a Resolution designating Mayor Meyer as the City’s Primary Voting Delegate, Vice Mayor Pierson as the First Alternate Delegate, and Council Member Mendoza as the Second Alternate Delegate for the 2026 League of California Cities Annual Conference.
E.3 Receive and File the April – June 2026 Donations Accepted Report Title/Recommendation
Staff recommends the City Council receive and file the April-June 2026 donations accepted report in accordance with City Council/Administrative Policy No. 00-10, Donations.
E.4 Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208
Title/Recommendation
Adopt a resolution approving a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area (“SanBell”) for the Balfour Road – Sanitary Sewer Rehabilitation Project, Capital Improvement Program (“CIP”) Project No. 592-59208 (“Project”) in the amount of $257,093, plus funding authorization for a contingency in the amount of $38,564 (15%), for total authorized compensation not to exceed $295,657, and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $295,657.
E.5 Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59209
Title/Recommendation
Adopt a resolution approving a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, Capital Improvement Project (“CIP”) Project No. 592-59209 (“Project”) in the amount of $215,599, plus funding authorization for a contingency of in the amount of $32,340 (15%), for total authorized compensation not to exceed $247,939 and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $247,939.
E.6 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
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).
F. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
F.1 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
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.
F.2 Adopt a Resolution Approving an Adjustment to the City Manager’s Compensation from $304,515.00 to $313,650.40, effective July 16, 2026, Pursuant to the Compaction Provision in the City Manager’s Employment Agreement
Title/Recommendation
Staff recommends that the City Council adopt a resolution Approving an adjustment of the City Manager’s annual base salary from $304,515.00 to $313,650.40, effective July 16, 2026, pursuant to Sections 3.1 and 3.3 of the City Manager Employment Agreement.
1. Approving and adopting the amended Fiscal Year 2026/2027 Pay Schedule, which is attached hereto as Exhibit A and incorporated herein by this reference, to reflect the City Manager’s adjusted salary and the previously approved temporary Acting City Manager pay rate.
2. Authorizing the Human Resources Director, in consultation with the City Attorney, to make non-substantive, ministerial revisions to the 2026/2027 Pay Schedule provided that such revisions do not alter any salary range, pay rate, benefit, classification, or other substantive compensation term approved by the City Council.
3. Amending the Fiscal Year 2026/27 General Fund Operating Budget by $11,400 and amend the Fiscal Year 2027/28 General Fund Operating Budget by $11,400 to fund the salary and related benefit costs associated with the City Manager’s salary adjustment.
4. F.3 An Amendment to the Longevity Incentive Plan Section of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees to Add a Longevity Incentive for the Police Chief Classification Title/Recommendation
Staff recommends that the City Council adopt a resolution approving an amendment to the Longevity Incentive Plan section of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees to provide the Police Chief with longevity incentive pay equal to two percent (2%) of base salary upon completion of twenty-five (25) years of continuous service as a sworn employee of the City of Brentwood, effective July 1, 2026.
F.4 Adopt a Resolution Establishing the Deputy City Manager Classification Title/Recommendation
Adopt a Resolution: (1) Establishing the Deputy City Manager classification and approving the job description, and salary range; (2) Assigning the classification to the Senior Management category of the Unrepresented Executive and Senior Management Employees group and directing the corresponding update to the Compensation Summary for that employee group; (3) Approving an amendment to the 2026/2027 Pay Schedule in accordance with the California Code of Regulations (CCR), Title 2, Section 570.5, effective August 11, 2026, to include the Deputy City Manager salary range; (4) Authorizing the City Manager to make nonsubstantive, ministerial revisions to the 2026/2027 Pay Schedule necessary to implement the City Council’s action and ensure consistency with the CCR, Title 2, Section 570.5; and (5) Amending the 2026/27 General Fund Operating Budget in the amount of $27,285 and the 2027/28 General Fund Operating Budget in the amount of $28,102.
Staff recommends that the City Council adopt the resolution. The recommended action will establish the classification and its compensation, clarify the applicable employee category and employment status, and authorize the necessary budgetary and administrative
implementation actions.
F.5 Encroachment Permit Process and Potential Council-Initiated Call for Review Title/Recommendation
Receive information regarding the City’s encroachment permit process, including applicable responsibilities under the Municipal Code and provide direction regarding whether staff should prepare a Municipal Code amendment establishing a Council-initiated call-for-review process.
G. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Council Member Oerlemans to Display the National Motto, “In God We Trust,” in the City Council Chamber
Title/Recommendation
That the City Council consider and discuss Council Member Oerlemans’ request to display the national motto, “In God We Trust,” in the City Council Chamber.
I.2 Consider a Request from Council Member Mendoza to Discuss Private Flock Camera Permitting, Data Access and Removal Authority
Title/Recommendation
That the City Council consider and discuss Council Member Mendoza’s request and provide direction on whether to schedule a future agenda item to:
1. Review the City’s permitting process for privately operated Flock cameras.
Consider standards for approving future installations and controlling access to collected data.
2. 3. Evaluate the cameras installed by the Shadow Lakes Homeowners Association.
Determine whether the City has authority to require the removal of privately operated cameras that do not meet City standards.
4. I.3 Consider a Request from Mayor Meyer to Establish a City Council Legislative Committee Title/Recommendation
That the City Council consider and discuss Mayor Meyer’s request to establish a City Council legislative committee.
J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On August 6, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
1 SPECIAL CITY COUNCIL MINUTES
July 28, 2026, 5:30 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:31 p.m.
Roll Call found the following members present: Maloney, Mendoza, Oerlemans, and Mayor Meyer.
Vice Mayor Pierson joined the meeting at 5:35 p.m.
B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.
C. PUBLIC COMMENTS
Mayor Meyer opened public comments.
There being no one wishing to speak, Mayor Meyer closed public comments.
D. RECESS TO CLOSED SESSION
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, recessed to Closed Session at 5:32 p.m.
Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
E. BUSINESS ITEMS
E.1 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION E.2 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION E.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
E.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
2 F. ADJOURNMENT
Vice Mayor Pierson left the meeting at 6:42 p.m.
The Council reconvened in Open Session at 7:21 p.m.
Mayor Meyer stated there was nothing to report out from Closed Session.
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, adjourned at 7:21 p.m.
Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
CITY COUNCIL AGENDA ITEM NO. E.2
08/11/2026
SUBJECT: Designation of the Voting Delegate and Alternate Delegates for the 2026 League of California Cities Annual Conference
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
Adopt a Resolution designating Mayor Meyer as the City’s Primary Voting Delegate, Vice Mayor Pierson as the First Alternate Delegate, and Council Member Mendoza as the Second Alternate Delegate for the 2026 League of California Cities Annual Conference.
FISCAL IMPACT
The budget for expenditures for conference and travel costs is included in the FY 2026/27 General Fund Operating Budget.
BACKGROUND
The League of California Cities Annual Conference will be held in Anaheim, California, September 23-25, 2026. During the annual business meeting on Friday, September 25, 2026, the Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. In order for the City to have a vote at the Annual Business Meeting, the City Council must designate a voting delegate. The voting delegate and alternate delegate(s) must be registered for the conference and the delegate casting the City’s vote must be present at the business meeting.
The Mayor is registered for the conference and is planning to attend the General Assembly Business Meeting. In the event the Mayor is unable to attend the meeting, an alternate and second alternate may be designated to serve in her place. Vice Mayor Pierson and Council Member Mendoza are also registered for the conference and are available to serve as the City’s voting representative if needed.
CITY COUNCIL AGENDA ITEM NO. E.2
08/11/2026
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Action has not been taken on this item for the 2026 League of California Cities Annual Conference.
DATE OF NOTICE
Not applicable.
ENVIRONMENTAL DETERMINATION
Not applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Modify staff’s recommendation based on City Council direction.
2. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Resolution
2. 2026 Cal Cities Voting Delegate Information Packet
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD DESIGNATING MAYOR SUSANNAH MEYER AS THE
CITY’S VOTING DELEGATE, VICE MAYOR PA’TANISHA PIERSON
AS THE CITY’S FIRST ALTERNATE, AND COUNCIL MEMBER
JOVITA MENDOZA AS THE CITY’S SECOND ALTERNATE FOR THE
2026 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the League of California Cities (the “Cal Cities”) General Assembly meeting will be held on Friday, September 25, 2026 during the 2026 Cal Cities Annual Conference in Anaheim, California; and
WHEREAS, during the General Assembly meeting, Cal Cities membership considers and takes action on resolutions that establish League policy; and WHEREAS, the League of California Cities bylaws require that a city’s voting delegate be designated by the City Council, and that the voting delegate must be registered to attend the conference and be present at the business meeting; and WHEREAS, the voting delegate and alternate voting delegates must be registered to attend the conference, and the person casting the City’s vote must be present at the General Assembly, registered with the Cal Cities Credentials Committee, and in possession of the City’s voting card and voting tool; WHEREAS, Mayor Susannah Meyer, Vice Mayor Pa’tanisha Pierson, and Council Member Jovita Mendoza are registered to attend the 2026 League of California Cities Annual Conference and General Assembly meeting.
WHEREAS, designating the City’s voting delegate and alternate voting delegates will allow the City to participate in the development of Cal Cities policy through the General Assembly.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1) Designates Mayor Susannah Meyer as the City’s voting delegate for the 2026 League of California Cities Annual Conference General Assembly; and 2) Appoints Vice Mayor Pa’tanisha Pierson as the City’s first alternate delegate, who may serve as the City’s voting delegate if the Mayor is unable to serve in that capacity; and
3) Appoints Council Member Jovita Mendoza as the City’s second alternate delegate, who may serve as the City’s voting delegate if the Mayor and Vice Mayor are unable to serve in that capacity; and
4) Directs the City Clerk to submit the City’s voting delegate and alternate voting delegate designations through the Cal Cities online submission portal no later than September 1, 2026, and to transmit a copy of this Resolution to the League of California Cities.
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:
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 15 of 584 CITY COUNCIL AGENDA ITEM NO. E.3
08/11/2026
SUBJECT: Receive and File the April – June 2026 Donations Accepted Report DEPARTMENT: Finance and Information Systems
STAFF: Christine Andrews, Acting Director of Finance and Information Systems
Michelle Morey, Financial Services Accounting Manager
TITLE/RECOMMENDATION
Staff recommends the City Council receive and file the April-June 2026 donations accepted report in accordance with City Council/Administrative Policy No. 00-10, Donations.
FISCAL IMPACT
The City Manager accepted a monetary donation of $1,700 to support the Parks and Recreation Department's Youth Activity Scholarship Program, increasing the program’s available funding for youth recreation program enrollment for incomequalifying Brentwood residents. In accordance with Council/Administrative Policy No. 00-10, Section 3.5(d), the funds will be maintained in a separate account and used solely for the purpose specified by the donor. The reported non-monetary donations have no direct fiscal impact.
BACKGROUND
In March 2026, the City Council adopted Council/Administrative Policy No. 00-10, Donations (“Policy”). The Policy requires quarterly reporting to the City Council of all accepted monetary donations greater than $500 and all accepted non-monetary donations. Donations exceeding $10,000 in value, or imposing greater than de minimis future maintenance or replacement costs, require City Council approval.
None of the donations included in this report required City Council approval.
DISCUSSION
The following donations were accepted during the April through June 2026 reporting period.
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Monetary
The Brentwood Men's Club, in honor of one of Brentwood’s dedicated community servants, Gilbert Dominguez, donated $1,700 from their Gilbert Dominguez Sponsorship fund. The City of Brentwood's Youth Activity Scholarship Program, administered by the Parks and Recreation Department, provides partial financial assistance to income-qualifying Brentwood residents under the age of 18 who wish to participate in City recreation programs, but face financial hardship. Scholarships are awarded on a first-come, first-served basis and are funded entirely through community donations. Families may receive up to $125 per eligible family member per fiscal year, subject to funding availability. The donation is restricted for scholarship purposes, is maintained in a separate account and used solely for that purpose in accordance with the Policy. This contribution will allow additional youth to participate in recreational programming who might otherwise be unable to do so.
Non-Monetary
The following non-monetary donations were received in support of the Community Day of Service:
o Dutch Bros Coffee donated coffee and hot chocolate
o Grocery Outlet Bargain Outlet donated snacks
o Farm 121 Sanitation donated use of a porta potty with wash station o Contra Costa Winegrowers Association donated hand sanitizers The Community Day of Service is a coordinated citywide event that brings together residents, local service groups, nonprofits, and community organizations and City staff to complete community improvement projects throughout Brentwood.
The City Manager accepted each donation pursuant to the authority provided under the Policy. The Finance and Information Systems Department recorded and tracked the donations for audit and reporting purposes.
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Previous action by the City Council is included as Attachment 1.
CITY COUNCIL AGENDA ITEM NO. E.3
08/11/2026
DATE OF NOTICE
Not applicable.
ENVIRONMENTAL DETERMINATION
This action is not a project within the meaning of the California Environmental Quality Act because it constitutes an administrative and fiscal activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Council/Administrative Policy No. 00-10, Donations
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council or Successor Agency Board 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 December 11, 2018, the City Council adopted Resolution 2018-162, adopting Council/Administrative Policy No. 00-10, Donations Policy.
On December 11, 2018, the City Council adopted Resolution 2018-163, amending City Council/Administrative Policy No. 20-3, Gifts.
On August 9, 2022, the City Council adopted Resolution 2022-101, amending Council/Administrative Policy No. 10-12, Policy and Procedures for Requests for the Use of City Funds.
On November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064 amending the City Council/Administrative Policy No. 10-13, Signature Authority Policy to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.
The City Council introduced an ordinance with the first reading waived at a regular meeting of the City Council on September 13, 2022; and adopted Ordinance No. 1045 at a regular meeting of the City Council on September 27, 2022, amending Council/Administrative Policy No. 10-7, Purchasing Policy.
On March 31, 2026, the City Council adopted Resolution No. 2026-23, amending Council/Administrative Policy No. 00-10, Donations Policy.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026-23 Page 1 of 5
1. PURPOSE
To outline the City’s policy regarding acceptance of donations of money, goods, or other items of value to the City. The City may accept or reject any gift or donation at its discretion. (See also Council/Administrative Policy No. 20-3, Gifts, regarding gifts to individuals.)
This Council/Administrative Policy No. 00-10, Donations, (“Policy”) establishes procedures for acknowledgment and documentation consistent with IRS and FPPC Regulations, and ensures transparency and accountability in the management of donations.
This Policy does not apply to donations or grants made to the City as a development condition of approval or pursuant to a development agreement.
2. DEFINITIONS
City Official includes City Council members and members of appointed commissions.
City Manager means the City Manager or his or her designee.
Employee means an individual employed by the City of Brentwood, whether full-time, part-time, temporary, seasonal or limited-service, including those in probationary status.
For purposes of this Policy, employee also includes interns, volunteers and contractors working under the direction of the City, unless expressly excluded.
Gift means anything of value (including tickets, passes, and meals) for which an employee or City Official has not provided equal or greater value in return. (See Council/Administrative Policy No. 20-3, Gifts.)
Donation means a voluntary contribution or transfer of money, goods, personal or real property, or marketable securities made to the City for public purposes, without expectation of material benefit in return. Donations will be reported differently than gifts given to a City employee/official or group. A donation may be unrestricted, used for any public purpose, or restricted, if the donor places written limitations on the use to a particular program, project or use.
Donation Acknowledgment means the written receipt provided by the City to a donor, in accordance with IRS Publication 1771, confirming receipt of the donation.
IRS means Internal Revenue Service.
FPPC means the State of California Fair Political Practices Commission.
Tickets or passes means admission to a facility, event, show or performance for entertainment, amusement, recreational, or similar purpose.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026-23 Page 2 of 5
3. DONATIONS
3.1 General Donations are welcomed when they serve a public purpose and support City programs, facilities, or events. The City must maintain the highest standards of transparency and impartiality, ensuring that donations do not influence or appear to influence City decisions or operations.
3.2 Evaluation Criteria Before acceptance, the City Manager shall evaluate whether:
(a) the donation serves a public purpose aligned with the City’s goals; and (b) the donation’s conditions or restrictions are in the City’s best interest; and (c) the City can sustain any associated maintenance, liability, or operating costs of the donation. The City may decline any donation not meeting these criteria.
3.3 Authority to Accept Donations
(a) The City Manager may accept or reject restricted and unrestricted donations up to $10,000 in value.
(b) Donations exceeding $10,000, or donations imposing greater than de minimis future maintenance or replacement costs, require City Council approval.
Greater than de minimis means any cost, obligation, or future maintenance or replacement expense associated with a donation that is more than nominal and cannot reasonably be considered incidental. A cost is greater than de minimis when it is of sufficient significance that the City must plan for, budget for, or otherwise account for the ongoing impact of accepting the donation. The City Council may delegate authority to accept donations by resolution when appropriate.
(c) A donation of real property will only be accepted in accordance with applicable state law and local law, including Council/Administrative Policy No. 10-13, Signature Authority.
3.4 Documentation and Acknowledgment
(a) All donations accepted shall be documented using a City Donation Acceptance Form.
(b) The City Manager, or designee, shall issue a a City Donation Acknowledgment Form to the donor within 30 days of acceptance. The acknowledgment shall include: (1) the donor’s name, (2) description of donation (but not the value of non-cash items), (3) date received, and (4) a statement that no goods or services were provided by the City in exchange for the donation, or if goods or services were provided, then a description and good-faith estimate of the provided goods or services. These acknowledgments comply with IRS Publication 1771 requirements.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026-23 Page 3 of 5
3.5 Accounting and Reporting
(a) The City Manager, or designee, will acknowledge all donations by signature on the Donation Acceptance Form and will provide a copy to the Finance and Information Systems Department.
(b) The Finance and Information Systems Department shall ensure donations are recorded accurately and tracked for audit purposes. (c) For transparency, within 30 days of the acceptance by the City Manager of a donation in excess of $5,000, staff will provide the City Council a report of the donation on the Consent Calendar portion of City Council meeting agenda; and staff will provide the City Council quarterly reports on the Consent Calendar portion of City Council meeting agenda of all monetary donations greater than $500 and all non-monetary donations (d) Restricted donations shall be maintained in separate accounts and used only for the purposes specified by the donor.
3.6 Disposition of Donations
(a) Unless restricted otherwise in writing, the City may keep, sell, or dispose of a donation. Tangible items shall be distributed to appropriate departments for use or disposal in accordance with Council/Administrative Purchasing Policy, No. 10-7, Surplus Property Section.
3.7 Solicitation of Donations
(a) Employees and City Officials shall not solicit donations from individuals or entities doing business with the City unless the solicitation serves a public purpose, is approved by the City Manager, and is consistent with this Policy and FPPC Regulations.
3.8 Donations as Charitable Contributions
(a) Donations to the City may qualify as tax-deductible charitable contributions under 26 U.S.C. §170(c)(1) if made exclusively for public purposes. The City does not provide tax advice, but will issue acknowledgments sufficient for IRS substantiation purposes. Donors are responsible for consulting their own advisors regarding deductibility.
3.9 Forms and Records
(a) A Donation Acceptance Form and Donation Acknowledgement Form are required to be used by all departments for all donations. All forms shall be retained by the City Manager’s Department, with a copy provided to the Finance and Information Systems Department and will be maintained in accordance with the City’s records retention schedule.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026-23 Page 4 of 5
3.10 Individual Gifts Considered a Donation A donation that would otherwise constitute a gift to a public employee or City Official is considered a donation to the City when the following FPPC requirements are met:
(a) The City Manager determines and controls the City’s use of the donation. (b) The donation is used for official City business.
(c) The donor may identify a purpose for the donation but does not designate by name, title, class or other method an employee/City Official who may use the donation.
(d) Certain employees and City Officials are limited in the use of travel donations. (See Section 3.11, Travel below.)
3.11 Travel Donations for travel must also meet these requirements:
(a) A donation to the City for travel may not be used by a City Official or a City employee who invests the City’s money; and
(b) A donation for travel may not exceed the City’s own reimbursement rates for travel; and
(c) The City Manager must preapprove travel donated by a third party before travel begins.
(d) Travel payments made by a federal government agency in connection with education, training, or other inter-agency programs are not reportable.
3.12 Tickets and Passes FPPC Restrictions. All tickets and passes offered or provided to the City by a third party, purchased, or otherwise obtained directly by the City are subject to the following:
(a) The City may not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City Official or employee, whether by name or position, unless:
1.) The ticket or pass is offered or provided to the City either: (1) under the terms of a contract for use of City-owned property; or (2) as a result of an official City event that the City controls; or the ticket or pass is purchased by the City from the third party for full market value.
2.) The City Manager must document in writing the receipt of all tickets and passes provided to the City by a third party.
3.) Tickets and passes shall only be provided to City Officials/employees by
COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026-23 Page 5 of 5
the City Manager for a legitimate public purpose of the City, as set forth in Council/Administrative Policy No. 20-3, Gift Policy, Section 3.2.14., Ticket Provided by City.
4.) The City Manager shall decide which City Officials/employees should be provided with a ticket or pass.
5.) Within 30 days of distributing any ticket or the City Manager will complete and the City Clerk will post an FPPC Form 802 on the City’s website, with the posting to remain on the website for a period of at least four years and a hard-copy retained for at least seven years.
CITY COUNCIL AGENDA ITEM NO. E.4
08/11/2026
SUBJECT: Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer
Rehabilitation Project, CIP Project No. 592-59208
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Monish Sen, Engineering Manager
Meghan Oliveira, Associate Engineer
TITLE/RECOMMENDATION
Adopt a resolution approving a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area (“SanBell”) for the Balfour Road – Sanitary Sewer Rehabilitation Project, Capital Improvement Program (“CIP”) Project No. 592-59208 (“Project”) in the amount of $257,093, plus funding authorization for a contingency in the amount of $38,564 (15%), for total authorized compensation not to exceed $295,657, and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $295,657.
FISCAL IMPACT
If approved, the total Agreement amount with Sanbell would be $257,093, plus a contingency of $38,564 (15%), for a total authorized compensation not to exceed $295,657.
Funding for this Project is included in the 2026/27–2030/31 Capital Improvement Program (“CIP”). The Project is funded by the Wastewater Replacement Fund.
There is sufficient Project budget to award the cost of the contract plus a 15% contingency.
CITY COUNCIL AGENDA ITEM NO. E.4
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BACKGROUND
This Project, formerly named “Balfour Road Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 3,390 linear feet (lf) of an existing 18-inch and 24-inch Spirolite sanitary sewer main along Balfour Road, between Fairview Avenue and Sweetgrass Drive. The sanitary sewer main has been observed to be deforming which is likely to cause infiltration of ground water into sanitary sewer systems.
On May 1, 2026, the City issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant. By the deadline, at the end of the advertisement period, the City received seven proposals.
Staff reviewed the proposals received and determined that Sanbell was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal. Based on the evaluation criteria, staff recommends approval of the agreement for civil engineering services with Bellecci & Associates, dba SanBell Bay Area for this Project.
CITY COUNCIL STRATEGIC INITIATIVE
Strategic Plan FY 2022/23 – FY 2023/24, Focus Area 1: Public Works, Goal 2 - Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the 2014 City’s General Plan, updated in June 2024.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Under the Agreement, SanBell will assist the City in preparing the appropriate documentation pursuant to the California Environmental Quality Act (“CEQA”) concurrently with Project design. Approval of the Agreement does not constitute approval of construction of the Project or commit the City to a definite course of
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action concerning the Project. The Agreement preserves the City’s discretion to modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project following completion of the applicable CEQA review.
Before completion of the applicable CEQA review, SanBell may perform only the design and environmental-review support Services authorized in writing by the City Engineer. SanBell may not commence Bidding Phase Services or Construction Phase Services until the City completes the applicable CEQA review and the City Engineer provides written authorization to proceed with the applicable phase. Staff will present the applicable CEQA determination to the City Council before or concurrently with consideration of an agreement for construction.
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation.
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Agreement for Civil Engineering Services
4. CIP Project Sheet
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 Capital Improvement Program, which included the Balfour Road Wastewater Rehabilitation, CIP Project No. 592-59208.
On May 26, 2026, by Resolution No. 2026-44, the City Council adopted the 2026/27- 2030/31 Capital Improvement Program, which included the Balfour Road – Sanitary Sewer Rehabilitation, CIP Project No. 592-59208.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A CIVIL ENGINEERING SERVICES
AGREEMENT WITH BELLECCI & ASSOCIATES, DBA SANBELL BAY
AREA FOR THE BALFOUR ROAD – SANITARY SEWER
REHABILITATION PROJECT, CAPITAL IMPROVEMENT PROGRAM
(“CIP”) PROJECT NO. 592-59208 (“PROJECT”), IN THE AMOUNT OF $257,093, PLUS FUNDING AUTHORIZATION FOR A 15%
CONTINGENCY AMOUNT OF $38,564, FOR TOTAL AUTHORIZED
COMPENSATION NOT TO EXCEED $295,657 AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE THE
AGREEMENT AND WRITTEN AMENDMENTS FOR ADDITIONAL
SERVICES
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project; and WHEREAS, on May 26, 2026, by Resolution No. 2026-44, the City Council adopted the City’s 2026/27 -2030/31 CIP, which includes the Project; and WHEREAS, this project includes rehabilitating or replacing approximately 3,390 linear feet of an existing 18-inch and 24-inch Spirolite sanitary sewer main along Balfour Road between Fairview Avenue and Sweetgrass Drive; and WHEREAS, the sanitary sewer main has been observed to be deforming which is likely to cause infiltration of ground water into sanitary sewer systems; and WHEREAS, on May 1, 2026, the City of Brentwood (“City”) issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant; and
WHEREAS, by the deadline, at the end of the advertisement period, the City received seven (7) proposals; and
WHEREAS, staff evaluated the seven proposals received and determined that Bellecci & Associates, dba SanBell Bay Area was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal; and WHEREAS, based on the evaluation criteria, staff recommends approval of a civil engineering services agreement with Bellecci & Associates, dba SanBell Bay Area for this Project (“Agreement”); and
WHEREAS, the Agreement includes preparation of design and construction documents, bidding support, limited construction-phase engineering services, closedcircuit television sewer-pipe inspection, potholing, and related services; and
WHEREAS, the Agreement does not authorize the advertisement, award, or commencement of construction of the Project; and
WHEREAS, the City will complete the environmental review required by the California Environmental Quality Act (“CEQA”) before approving construction of the Project or taking any action that would commit the City to a definite course of action or foreclose consideration of feasible alternatives or mitigation measures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby:
1. Approves a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208, in the amount of $257,093;
2. Authorizes a contingency of $38,564 (15% of the Agreement amount), for total authorized compensation not to exceed $295,657; and
3. Authorizes the City Manager or designee to execute the Agreement and written amendments, each in a form approved by the City Attorney, provided that aggregate compensation under the Agreement does not exceed $295,657.
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:
City Attorney Approved Version 040821 1
AGREEMENT FOR CIVIL ENGINEERING SERVICES
WHB Engineers
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 2026 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and WHB Engineers, a California Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).
RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Brentwood Boulevard Sanitary Sewer 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.
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.
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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.
2.1 CEQA Compliance and Phased Authorization. The City’s approval and execution of this Agreement do not constitute approval of construction of the Project or commit the City to a definite course of action concerning the Project. The City retains sole discretion, following compliance with the California Environmental Quality Act (“CEQA”), to modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project.
Before the City completes the applicable CEQA review, Consultant may perform the design and environmental review support Services authorized in writing by the City Engineer. Authorization to proceed
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with a design phase does not constitute approval of construction of the Project or authorization to proceed with any subsequent phase. Consultant must perform the Services in a manner that preserves the City’s ability to consider and implement feasible alternatives and mitigation measures identified through the CEQA process.
Consultant may not commence Bidding Phase Services or Construction Phase Services unless the City has completed the applicable CEQA review and the City Engineer has issued written authorization to proceed with the applicable phase. Nothing in this Section limits Consultant’s right to compensation for authorized Services properly performed under this Agreement or to any applicable schedule adjustment authorized pursuant to Section 6.
3. Personnel and Subconsultants. Consultant will be responsible for employing or engaging all persons necessary to perform the Services. Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and consultant, if any, and will keep the Services under its control. On demand of City, if any employee or Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.
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 Randall Krejcarek, Supervising Engineer, 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.
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6. Schedule.
6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.
6.2 Consultant acknowledges the importance to City of City’s Project Schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule.
City understands, however, that Consultant’s performance must be governed by sound practices.
Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
7. Compensation.
7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of two hundred fifteen thousand five hundred ninety-nine dollars ($215,599), 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
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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. 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.
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
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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
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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
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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
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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
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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
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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 #:
Balfour Road – Sanitary Sewer Rehabilitation 592-59208
Description/Justification:
This project, formerly named “Balfour Road Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 3,390 linear feet (lf) of an existing 18 inch and 24 inch Spirolite sanitary sewer main along Balfour Road between Fairview Avenue and Sweetgrass Drive. The sanitary sewer main has been observed to be deforming which is likely to cause infiltration of ground water into sanitary sewer systems.
Project Status:
Project design and construction is anticipated to begin in FY 2026/27, with project completion estimated in FY 2027/28.
Supplemental Information:
In accordance with the City’s Sanitary Sewer Management Plan (SSMP) to minimize sanitary sewer overflows and to prevent any State Water Resources Control Board violations, this section of sanitary sewer main needs to be replaced before a failure occurs.
Replacing this portion of pipeline will also minimize the amount of 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 300,000 $ 300,000
90050 Construction 675,000 825,000 $ 1,500,000
90070 Project Administration 25,000 25,000 $ 50,000
TOTAL $ 1,000,000 $ 850,000 $ 1,850,000
PROJECT FUNDING Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 47593 Enterprise 1,850,000 $ 1,850,000
TOTAL 1,850,000 $ $ 1,850,000
PROJECT FINANCING CURRENT PROPOSED
Project Category: Wastewater Improvements
Location: Balfour Road from Fairview Avenue to
Sweetgrass Drive
Project Manager: M. Huber
Project Priority: 2C - Necessary
Est. Completion Date: 2027/28
Future Annual
O & M Impact: $1,500
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1, IF 3-1
97 City of Brentwood 2026/27 – 2030/31 Capital Improvement Program
CITY COUNCIL AGENDA ITEM NO. E.5
08/11/2026
SUBJECT: Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59209
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Monish Sen, Engineering Manager
Brant Wilson, Associate Civil Engineer
TITLE/RECOMMENDATION
Adopt a resolution approving a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, Capital Improvement Project (“CIP”) Project No. 592-59209 (“Project”) in the amount of $215,599, plus funding authorization for a contingency of in the amount of $32,340 (15%), for total authorized compensation not to exceed $247,939 and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $247,939.
FISCAL IMPACT
If approved, the total Agreement amount with WHB Engineers would be $215,599, plus a contingency of $32,340 (15%), for a total authorized compensation not to exceed $247,939.
Funding for this Project is included in the 2026/27–2030/31 Capital Improvement Program (“CIP”). The Project is funded by the Wastewater Replacement Fund.
There is sufficient Project budget to award the cost of the contract plus a 15% contingency.
BACKGROUND
This Project, formerly named “Brentwood Boulevard Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 2,600 linear feet of an existing
CITY COUNCIL AGENDA ITEM NO. E.5
08/11/2026
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 lifespan 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 six new manholes to be installed to provide improved maintenance access.
On May 1, 2026, the City issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant. By the deadline, at the end of the advertisement period, the City received seven proposals.
Staff reviewed the proposals received and determined that WHB Engineers was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal. Based on the evaluation criteria, staff recommends approval of the agreement for civil engineering services with WHB Engineers for this Project.
CITY COUNCIL STRATEGIC INITIATIVE
Strategic Plan FY 2022/23 – FY 2023/24, Focus Area 1: Public Works, Goal 2 - Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the 2014 City’s General Plan, updated in June 2024.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not applicable.
ENVIRONMENTAL DETERMINATION
Under the Agreement, WHB Engineers will assist the City in preparing the appropriate documentation pursuant to the California Environmental Quality Act (“CEQA”) concurrently with Project design. Approval of the Agreement does not constitute approval of construction of the Project or commit the City to a definite course of action concerning the Project. The Agreement preserves the City’s discretion to
CITY COUNCIL AGENDA ITEM NO. E.5
08/11/2026
modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project following completion of the applicable CEQA review.
Before completion of the applicable CEQA review, WHB Engineers may perform only the design and environmental-review support Services authorized in writing by the City Engineer. WHB Engineers may not commence Bidding Phase Services or Construction Phase Services until the City completes the applicable CEQA review and the City Engineer provides written authorization to proceed with the applicable phase.
Staff will present the applicable CEQA determination to the City Council before or concurrently with consideration of an agreement for construction.
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation.
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Agreement for Civil Engineering Services
4. CIP Budget Sheet
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 - 2029/30 Capital Improvement Program, which included the Brentwood Boulevard Wastewater Rehabilitation, CIP Project No. 592-59209.
On May 26, 2026, by Resolution No. 2026-44, the City Council adopted the 2026/27- 2030/31 Capital Improvement Program, which included the Brentwood Boulevard – Sanitary Sewer Rehabilitation, CIP Project No. 592-59209.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A CIVIL ENGINEERING SERVICES
AGREEMENT WITH WHB ENGINEERS FOR THE BRENTWOOD
BOULEVARD – SANITARY SEWER REHABILITATION PROJECT,
CAPITAL IMPROVEMENT PROGRAM (“CIP”) PROJECT NO. 592-
59209 (“PROJECT”), IN THE AMOUNT OF $215,599, PLUS
FUNDING AUTHORIZATION FOR A 15% CONTINGENCY AMOUNT
OF $32,340, FOR TOTAL AUTHORIZED COMPENSATION NOT TO
EXCEED $247,939 AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE THE AGREEMENT AND WRITTEN
AMENDMENTS FOR ADDITIONAL SERVICES
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project; and WHEREAS, on May 26, 2026, by Resolution No. 2026-44 the City Council adopted the City’s 2026/27 -2030/31 CIP, which includes the Project; and WHEREAS, this Project, formerly named “Brentwood Boulevard Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 2,600 linear feet of an existing sanitary sewer main of varying sizes along Brentwood Boulevard, between Oak Street and Havenwood Avenue; and
WHEREAS, 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 lifespan of 50 to 60 years, this section is due for replacement; and
WHEREAS, there are approximately 22 sanitary sewer manholes in need of rehabilitation and six (6) new manholes to be constructed/installed along this line to allow for better maintenance access; and
WHEREAS, on May 1, 2026, the City of Brentwood (“City”) issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant; and
WHEREAS, by the deadline, at the end of the advertisement period, the City received seven (7) proposals; and
WHEREAS, staff evaluated the seven proposals received and determined that WHB Engineers was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal; and
WHEREAS, based on the evaluation criteria, staff recommends approval of a civil engineering services agreement with WHB Engineers for this Project(“Agreement”); and
WHEREAS, the Agreement includes preparation of design and construction documents, bidding support, limited construction-phase engineering services, closedcircuit television sewer-pipe inspection, potholing, and related services; and WHEREAS, the Agreement does not authorize the advertisement, award, or commencement of construction of the Project; and
WHEREAS, the City will complete the environmental review required by the California Environmental Quality Act (“CEQA”) before approving construction of the Project or taking any action that would commit the City to a definite course of action or foreclose consideration of feasible alternatives or mitigation measures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby resolve as follows:
1. Approves an Agreement for Civil Engineering Services with WHB Engineers for Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59209 in the amount of $215,599; and
2. Authorizes a contingency of $32,340 (15% of the Agreement amount), for total authorized compensation not to exceed $247,939; and
3. Authorizes the City Manager or designee to execute the Agreement and written amendments, each in a form approved by the City Attorney, provided that aggregate compensation under the Agreement does not exceed $247,939.
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:
City Attorney Approved Version 040821 1
AGREEMENT FOR CIVIL ENGINEERING SERVICES
WHB Engineers
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 2026 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and WHB Engineers, a California Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).
RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Brentwood Boulevard Sanitary Sewer 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.
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.
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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.
2.1 CEQA Compliance and Phased Authorization. The City’s approval and execution of this Agreement do not constitute approval of construction of the Project or commit the City to a definite course of action concerning the Project. The City retains sole discretion, following compliance with the California Environmental Quality Act (“CEQA”), to modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project.
Before the City completes the applicable CEQA review, Consultant may perform the design and environmental review support Services authorized in writing by the City Engineer. Authorization to proceed
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with a design phase does not constitute approval of construction of the Project or authorization to proceed with any subsequent phase. Consultant must perform the Services in a manner that preserves the City’s ability to consider and implement feasible alternatives and mitigation measures identified through the CEQA process.
Consultant may not commence Bidding Phase Services or Construction Phase Services unless the City has completed the applicable CEQA review and the City Engineer has issued written authorization to proceed with the applicable phase. Nothing in this Section limits Consultant’s right to compensation for authorized Services properly performed under this Agreement or to any applicable schedule adjustment authorized pursuant to Section 6.
3. Personnel and Subconsultants. Consultant will be responsible for employing or engaging all persons necessary to perform the Services. Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and consultant, if any, and will keep the Services under its control. On demand of City, if any employee or Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.
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 Randall Krejcarek, Supervising Engineer, 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.
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6. Schedule.
6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.
6.2 Consultant acknowledges the importance to City of City’s Project Schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule.
City understands, however, that Consultant’s performance must be governed by sound practices.
Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
7. Compensation.
7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of two hundred fifteen thousand five hundred ninety-nine dollars ($215,599), 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
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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. 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.
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