POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: VIII A
MEETING DATE: 01/20/2026
TITLE
Professional Services Agreement with Bennett Engineering Services, Inc. for Sanitary Sewer Collection System Improvements
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Bennett Engineering Services, Inc. in an amount not to exceed $563,886, including optional services, for geotechnical investigation and assistance with Rights of Entry related to the City’s Sanitary Sewer Collection System Improvements Project, subject to budget availability.
ANALYSIS
Point Arena’s sanitary sewer collection system requires significant upgrades to address aging infrastructure, regulatory compliance, and system reliability. In March 2024, the California State Water Resources Control Board amended the Point Arena Infiltration, Inflow, and Pipeline Capacity Grant, increasing the total grant amount to $841,400.
The grant was initiated in November 2018 and remains incomplete. To date, approximately $340,400 has been expended for development of 50% design plans prepared by SHN Engineering Consultants (the City Engineer) and for administrative costs. The current grant completion deadline is September 30, 2026, with submission of a construction funding application as the final deliverable.
Bennett Engineering Services, Inc. (BEN|EN) has submitted a scope of work that includes completion of final construction documents, including plans, specifications, and an itemized bid schedule; preparation of the Construction Grant funding application; and development of an emergency power plan. The proposed design scope includes new sanitary sewer mains and lateral connections with cleanouts, replacement of the comminutor at the Wastewater Treatment Plant (WWTP), electrical system upgrades including backup power, preparation of an encroachment permit for work within Caltrans right-of-way, and installation of backup generators for the Pier sewer lift station and the WWTP. Environmental review and documentation, most permitting (except as noted), the Fiscal Sustainability Plan, and the Fee Study are excluded from this scope of work.
Ongoing monitoring of expenditures under the proposed agreement will be necessary.
Bennett Engineering will provide monthly contract budget updates, allowing City staff to track expenditures and identify potential cost increases. Based on the proposed scope and remaining grant balance of approximately $511,000, the work is anticipated to remain within available grant funding, assuming continued cost monitoring by both the consultant and the City.
Approval of this item would allow the City to complete final design and meet grant requirements necessary to pursue construction funding.
FISCAL IMPACT
Grant funding will cover approximately $511,000 of the proposed work. If optional tasks are required, the City may need to provide an additional $53,000. Potential sources for these funds could include a request for additional State Water Board grant funding, USDA loans or grants, or other currently unidentified sources.
ATTACHMENTS
Draft Professional Services Agreement with Bennett Engineering Resolution 2026–01 Approving Professional Services Agreement
CITY MANAGER SIGNATURE
_________________________________
Molly C. Haviland, City Manager
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CITY OF POINT ARENA
PROFESSIONAL SERVICES AGREEMENT
WITH
BENNETT ENGINEERING SERVICES INC (BENEN)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 20 day of January, 2026 (“Effective Date”), by and between the CITY OF POINT ARENA, a municipal corporation (“City”), and Bennett Engineering Services Inc (BENEN), a civil engineering firm (1082 Sunrise Avenue, Suite 100 Roseville, California 95661) (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to ___________, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services, attached hereto as Exhibit “A”.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed five hundred sixty-three thousand eight hundred eighty-six dollars ($563,886.00).
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2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “C,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 4 [Consultant’s name]
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of nine (9) months, ending on September 30, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by [2] additional [1] year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
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(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Point arena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Point arena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Point arena shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Point arena, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(f) If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the 6 [Consultant’s name]
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contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.6 Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project 7 [Consultant’s name]
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Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Bennet Engineering Services Inc City of Point Arena
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
451 School Street PO Box 67
Point Arena, CA 95468
Tel:916.539.9418 Tel: (707)882-2122
Attn: Stacey Lynch Attn: Molly Haviland
6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace.
Consultant’s failure to conform to this requirements shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or 8 [Consultant’s name]
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authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
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6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending 11 [Consultant’s name]
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provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Stacey Lynch
Vice President
CITY OF POINT ARENA
__________________________________ Date: __________________________ Molly Haviland
City Manager
ATTEST:
__________________________________
Paul Andersen
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Baron Bettenhausen
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Erike Young
Risk Management
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Stacey Lynch
Vice President
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Molly C Haviland
City Manager
EXHIBIT A
SCOPE OF SERVICES
https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Scope-20260114.docx Initials _______ Page 1 of 5
SCOPE OF SERVICES
Client _________ City of Point Arena
Consultant _____ Bennett Engineering Services Inc (BENEN) Project ________ SS Collection System Improvements
Date __________ January 14, 2026
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.
TASK 1. PROJECT MANAGEMENT
Subtask 1.1. Monthly Invoices and Status Reports
BENEN will prepare and submit monthly invoices and status reports to the City. The status reports will include project tasks completed, deliverables submitted and budget expenditures for that month’s invoice. In addition, monthly invoices shall be accompanied by a budget summary indicating task breakdown for budget, percent complete, spent to date, and remaining budget. Invoices will include employee rates and expenses per task. BENEN will update the project schedule in the status reports as needed, showing activities and milestones outlined in the project scope. The activities will show begin and end dates, duration, and dependency on other tasks. The schedule will be refined and maintained on a regular basis and as decisions are made throughout the life of the project. We will discuss issues that may affect the project design, budget, or schedule with the city. Assumes Ten (10) monthly invoices and status reports.
Subtask 1.2. Project Meetings and Coordination
BENEN will attend a project kick-off meeting with City staff. BENEN’s project manager will coordinate regular bi-weekly progress meetings (twenty-four (24) assumed) and design review meetings following each major submittal (two (2) assumed), provide agenda and minutes, document design decisions, and track changes in scope and budget. Design review meetings will be held with City staff at the 75% and 90% design deliverables.
Subtask 1.3. Quality Assurance / Quality Control (QA/QC) BENEN’s Quality Control Program will be implemented, and constructability reviews will be conducted by senior BENEN staff prior to submittal of the 75%, 90%, and 100% design documents.
Subtask 1.4. Planning Grant Administration
BENEN will assist the city with preparation of monthly reimbursement requests to the Division of Financial Assistance (DFA) on behalf of the City. The project manager will keep detailed records of all costs incurred by the City, reimbursements submitted, reimbursements received, and remaining budget. The project manager will coordinate with the DFA’s assigned project manager and provide updates as necessary on project progress. BENEN will prepare and submit the required quarterly reports. The project manager will facilitate and coordinate with the City on DFA site visits, if required. Assumes four (4) quarterly reports and ten (10) reimbursement requests to the DFA.
DELIVERABLES:
- Monthly Invoices, Project Schedule Updates, and Status Reports - Meeting notices, agendas, minutes, and sign-in sheets - Quality Control reviews
- Grant quarterly reports and reimbursement requests (electronic) Exhibit A: Scope of Services
SS Collection System Improvements
https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Scope-20260114.docx Initials _______ Page 2 of 5 ASSUMPTIONS:
- Ten (10) monthly invoices and status reports
- Twenty-four (24) bi-weekly progress meetings
- Bi-weekly progress meetings will be virtual
- Two (2) design review meetings following each submittal - Design review meetings will be virtual
- BENEN will maintain quarterly report and reimbursement request formatting based on previous submittals by the City
- Four (4) quarterly reports and ten (10) reimbursement requests to the DFA TASK 2. DATA COLLECTION AND ANALYSIS
Subtask 2.1. Review of Background Information
BENEN will review all background information provided for the project, including utility mapping, topographic survey, boundary mapping, preliminary engineering report, 50% design plans, preliminary engineer’s opinion of probable cost, CWSRF planning grant agreement, potholing results, as-builts, and all other background information provided by the City. BENEN will review the documents to determine the level of effort or missing information needed to continue the design from the 50% design plans provided by the City and the previous engineer, including topography survey, boundary mapping, and utilities, in AutoCAD for design of subsequent submittals.
Subtask 2.2. Additional Preliminary Engineering Processing Following review of the CAD files and supporting documentation of the project in Task 2.1, additional effort may be required to get the improvement plans to a state that are usable for our team. This may include insufficient utility mapping, incomplete pipe networks, incomplete pipe sizing and hydraulic evaluation, incomplete surface, etc. These are all things that BENEN will be able to complete but will require additional effort if not included properly in the CAD files. This task includes additional processing including revisions to existing AutoCAD base mapping information provided in Task 2.1 and to update formatting to current standard and for compatibility with BENEN utility and plotting standards. This does not include additional subconsultant work. If additional subconsultants are required to collect necessary data (potholing, survey, etc.), an amendment to this scope will be required.
ASSUMPTIONS:
- No subconsultant work will be required as part of the additional data collection Subtask 2.3. Geotechnical Investigation (Optional)
BENEN will coordinate with a subconsultant to provide a geotechnical investigation and report for the project if deemed necessary during Task 2.1.
Subtask 2.4. Utility Coordination
BENEN will review the utility ‘A’ letters and utility mapping received by the City during the preliminary design phase of the project. BENEN will prepare utility ‘B’ letters, on City letterhead, after the 75% design document submittal. Utility ‘C’ letters will be prepared after the 100% design document submittal. A utility log documenting all correspondence with utility owners will be maintained for the duration of the project. Verification maps, conflict maps, and relocation maps will be prepared and submitted to the City and utility owners as needed as part of this task.
DELIVERABLES:
- Geotechnical Report (Optional)
- Utility ‘B’ Letters, summary of impacts and resolutions (electronic) - Utility ‘C’ Letters, summary of impacts and resolutions (electronic) Exhibit A: Scope of Services
SS Collection System Improvements
https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Scope-20260114.docx Initials _______ Page 3 of 5 ASSUMPTIONS:
- No site visits will be required.
- 50% design plans will be provided in AutoCAD format and will be easily adapted for continued design by BENEN
- Topographic survey and boundary mapping have been completed by others and will be provided in AutoCAD format
- Preparation of environmental documentation and permitting will be completed by others - CAD files include existing and proposed topographic surfaces, pipe networks for the proposed improvement, property boundary information, accurate existing utilities based in ‘A’ letter responses from utility purveyors, and other characteristics that we would assume have been completed at a 50% design level.
- Utility ‘A’ letters have been prepared and sent by others; copies of the utility ‘A’ letters, received utility mapping, and a utility contact list will be provided to BENEN - City will provide all background information used in the development of the 50% design documents
- Utility letters will be prepared on City letterhead
- No utility relocations will be required
TASK 3. DESIGN DOCUMENTS
Subtask 3.1. 75% Design Documents
BENEN will prepare the 75% design documents, including plans, specifications, and engineer’s opinion of probable cost. The 75% design documents will be prepared based on the 50% design plans, preliminary engineer’s opinion of probable cost, and potholing results. Design will include replacement of 2,600 linear feet of sewer mains within Caltrans right-of-way, 2,500 linear feet of sewer main in City right-of-way, relocation and reconnection of sewer laterals, spot repairs of sewer mains in City right-of-way, a new sewer lateral connection as part of a septic to sewer conversion of City Hall, and electrical upgrades, including development of backup power, at the WWTP and Pier lift station. Electrical design includes upgrades to existing electrical equipment, design of backup power for the WWTP and Pier lift station, and upgrades and incorporation of backup power into the SCADA system. Caltrans encroachment permit requirements and Division of Drinking Water (DDW) water main separation requirements will be considered and incorporated into the design within Caltrans right-of-way to minimize construction schedule and cost impacts. DDW water main separation requirements will be considered outside of Caltrans right-of-way at this stage. Improvement plans will be prepared in AutoCAD Civil 3D 2025. One (1) submittal review meeting will be scheduled with City staff to review comments on the 75% design submittal.
Subtask 3.2. 90% Design Documents
BENEN will prepare 90% design documents, including plans, specifications, and Engineer’s Opinion of Probable Cost following comments from the City on the 75% submittal. The 90% submittal will include formal response to comments provided by the City at the 75% design level and will be used for preliminary submittal of the DDW waiver request, if needed. One (1) submittal review meeting shall be scheduled with City staff to review the comments for the 90% design submittal.
Subtask 3.3. 100% Design Documents
BENEN will prepare 100% design documents, including plans, specifications, and engineer’s opinion of probable cost following comments from the City on the 90% submittal. The 100% submittal will include a formal response to comments provided by the City at the 90% design level. The 100% design documents will be used to request a Caltrans encroachment permit and finalize the DDW waiver request, if needed.
Exhibit A: Scope of Services
SS Collection System Improvements
https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Scope-20260114.docx Initials _______ Page 4 of 5 Subtask 3.4. Traffic Control Plans – Caltrans Right-of-Way BENEN will prepare traffic control plans for sewer design work within Caltrans right-of-way.
Traffic control plans will include two plan sheets of 1” = 50’ traffic handling plans and one plan sheet of no scale traffic handling quantities in Caltrans format.
Subtask 3.5. Caltrans Encroachment Permit
BENEN will prepare and submit a Caltrans encroachment permit for review and approval of work to be conducted in Caltrans right-of-way. The 100% plans must be submitted with the encroachment permit submittal. The submittal will include all piping on School Street and Main Street, as well as the new sewer crossing
DELIVERABLES:
- 75% Design Documents (electronic)
- 90% Design Documents (electronic)
- 100% Design Documents (electronic)
- Traffic Control Plans (electronic)
- Caltrans Encroachment Permit (electronic)
ASSUMPTIONS:
- One (1) submittal review meeting with the City to review comments on the 75% design submittal
- One (1) submittal review meeting with the City to review comments on the 90% design submittal
- No backup power or electrical upgrades are required at the Cypress Meadows lift station - Traffic control plans outside of Caltrans right-of-way will be the responsibility of the contractor
- Construction will occur in a single phase
TASK 4. CWSRF CONSTRUCTION FUNDING APPLICATION
Subtask 4.1. CWSRF Construction Funding Application
BENEN will prepare and submit a CWSRF Construction Funding Application via DFA’s online submission hub (FAAST), including the General, Technical, and Financial packages. It is assumed the environmental package will be prepared by others. BENEN will submit the Environmental package to FAAST. The construction funding application will be prepared based on the 100% design documents and all other relevant project information determined in the above tasks. All necessary resolutions for the Financial package will be prepared for City Council approval.
Subtask 4.2. Facilitate Grant Application Submittal
BENEN will facilitate submittal, review, and approval of the grant application. BENEN will respond to all CWSRF requests for information and requests for revisions to application materials and attend virtual meetings with CWSRF staff as needed. Any additional or revised documentation required to complete the application will be prepared by BENEN and submitted via FAAST. This scope assumes the application will be in review for nine (9) months and three (3) meetings with CWSRF and City staff will be required to complete the submittal.
DELIVERABLES:
- CWSRF General Package (electronic)
- CWSRF Technical Package (electronic)
- CWSRF Financial Package (electronic)
ASSUMPTIONS:
- CWSRF Environmental package will be prepared by others and submitted to BENEN for submittal to DFA via FAAST
- The grant application review phase will last nine (9) months Exhibit A: Scope of Services
SS Collection System Improvements
https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Scope-20260114.docx Initials _______ Page 5 of 5 - Three (3) meetings with CWSRF and City staff will be required to complete the grant application submittal
TASK 5. DDW WAIVER COMPLIANCE
Subtask 5.1. DDW Waiver Preparation
BENEN will prepare a DDW waiver request in accordance with DDW water main separation requirements and checklist. The DDW waiver request package will include a letter stating why the waiver is being requested, the DDW water main separation alternative checklist, and relevant sheets from the 100% design plans.
Subtask 5.2. Facilitate DDW Waiver Submittal
BENEN will assist with review and response to DDW’s response to the waiver request as needed. Assumes one design revision will be required to satisfy DDW’s requirements.
DELIVERABLES:
- DDW Waiver Request (electronic)
ASSUMPTIONS:
- The City will submit the DDW waiver request to DDW
TASK 6. ASSISTANCE WITH RIGHTS-OF-ENTRY (OPTIONAL)
Subtask 6.1. Assistance with Rights of Entry
BENEN will assist the City with acquiring Rights-of-Entry, including identification of affected properties and exhibits depicting access needs to each property. BENEN will prepare and submit Rights-of-Entry exhibits based on the 100% design plans and will submit them to the City for review and comment.
DELIVERABLES:
- Rights-of-Entry Exhibits (electronic)
ASSUMPTIONS:
- Securing of Rights-of-Entry will be completed by others - Official Plats and Legal Descriptions will not be required.
EXHIBIT B
FEE SCHEDULE
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Contract Contract
1.1. Monthly Invoices and Status Reports hrs $0 hrs $0 40 hrs $11,320 16 hrs $3,696 hrs $0 12 hrs $1,260 68 hrs $16,276 $810 $0 $0 $17,086
1.2. Project Meetings and Coordination hrs $0 hrs $0 32 hrs $9,056 20 hrs $4,620 hrs $0 hrs $0 52 hrs $13,676 $680 $0 $0 $14,356
1.3. Quality Assurance / Quality Control (QA/QC) 8 hrs $2,552 16 hrs $4,864 8 hrs $2,264 hrs $0 hrs $0 hrs $0 32 hrs $9,680 $0 $0 $0 $9,680
1.4. Planning Grant Administration hrs $0 hrs $0 40 hrs $11,320 20 hrs $4,620 hrs $0 hrs $0 60 hrs $15,940 $0 $0 $0 $15,940 Subtotal 8 hrs $2,552 16 hrs $4,864 120 hrs $33,960 56 hrs $12,936 hrs $0 12 hrs $1,260 212 hrs $55,572 $1,490 $0 $0 $57,062
2.1. Review Background Information hrs $0 hrs $0 24 hrs $6,792 24 hrs $5,544 32 hrs $6,112 hrs $0 80 hrs $18,448 $920 $0 $0 $19,368
2.2. Additional Preliminary Engineering Processing hrs $0 hrs $0 30 hrs $8,490 26 hrs $6,006 24 hrs $4,584 hrs $0 80 hrs $19,080 $0 $0 $0 $19,080
2.3. Geotechnical Investigation (Optional) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0
2.4. Utility Coordination hrs $0 hrs $0 hrs $0 hrs $0 40 hrs $7,640 hrs $0 40 hrs $7,640 $0 $0 $0 $7,640 Subtotal hrs $0 hrs $0 54 hrs $15,282 50 hrs $11,550 96 hrs $18,336 hrs $0 200 hrs $45,168 $920 $0 $0 $46,088
3.1. 75% Design Documents hrs $0 8 hrs $2,432 30 hrs $8,490 40 hrs $9,240 60 hrs $11,460 4 hrs $420 142 hrs $32,042 $0 $51,433 $0 $83,475
3.2. 90% Design Documents hrs $0 8 hrs $2,432 40 hrs $11,320 60 hrs $13,860 60 hrs $11,460 4 hrs $420 172 hrs $39,492 $0 $102,866 $0 $142,358
3.3. 100% Design Documents hrs $0 8 hrs $2,432 40 hrs $11,320 60 hrs $13,860 30 hrs $5,730 4 hrs $420 142 hrs $33,762 $1,690 $51,433 $0 $86,885
3.4. Traffic Control Plans - Caltrans Right-of-Way 12 hrs $3,828 hrs $0 4 hrs $1,132 72 hrs $16,632 hrs $0 hrs $0 88 hrs $21,592 $0 $0 $0 $21,592
3.5. Caltrans Encroachment Permit hrs $0 hrs $0 60 hrs $16,980 40 hrs $9,240 hrs $0 hrs $0 100 hrs $26,220 $1,310 $0 $0 $27,530 Subtotal 12 hrs $3,828 24 hrs $7,296 174 hrs $49,242 272 hrs $62,832 150 hrs $28,650 12 hrs $1,260 644 hrs $153,108 $3,000 $205,732 $0 $361,840
4.1. CWSRF Construction Funding Application hrs $0 hrs $0 16 hrs $4,528 40 hrs $9,240 hrs $0 hrs $0 56 hrs $13,768 $0 $0 $0 $13,768
4.2. Facilitate Grant Application Submittal hrs $0 hrs $0 20 hrs $5,660 24 hrs $5,544 hrs $0 hrs $0 44 hrs $11,204 $0 $0 $0 $11,204 Subtotal hrs $0 hrs $0 36 hrs $10,188 64 hrs $14,784 hrs $0 hrs $0 100 hrs $24,972 $0 $0 $0 $24,972
5.1. DDW Waiver Preparation hrs $0 hrs $0 4 hrs $1,132 8 hrs $1,848 24 hrs $4,584 hrs $0 36 hrs $7,564 $380 $0 $0 $7,944
5.2. Facilitate DDW Waiver Submittal hrs $0 hrs $0 12 hrs $3,396 8 hrs $1,848 hrs $0 hrs $0 20 hrs $5,244 $0 $0 $0 $5,244 Subtotal hrs $0 hrs $0 16 hrs $4,528 16 hrs $3,696 24 hrs $4,584 hrs $0 56 hrs $12,808 $380 $0 $0 $13,188
6.1. Assistance with Rights of Entry (Optional) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 Subtotal hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 PROJECT TOTAL 20 hrs $6,380 40 hrs $12,160 400 hrs $113,200 458 hrs $105,798 270 hrs $51,570 24 hrs $2,520 1212 hrs $291,628 $5,790 $205,732 $0 $503,150
OPTIONAL TASKS
2.3 OPTIONAL: Geotechncial Investigation hrs $0 2 hrs $608 8 hrs $2,264 6 hrs $1,386 hrs $0 6 hrs $630 22 hrs $4,888 $240 $0 $40,250 $45,378
6.1 OPTIONAL: Assistance with Rights of Entry hrs $0 hrs $0 24 hrs $6,792 24 hrs $5,544 12 hrs $2,292 hrs $0 60 hrs $14,628 $730 $0 $0 $15,358 OPTIONAL TASKS TOTAL hrs $0 2 hrs $608 32 hrs $9,056 30 hrs $6,930 12 hrs $2,292 6 hrs $630 82 hrs $19,516 $970 $0 $40,250 $60,736 PROJECT TOTAL with OPTIONAL TASKS 20 hrs $6,380 42 hrs $12,768 432 hrs $122,256 488 hrs $112,728 282 hrs $53,862 30 hrs $3,150 1294 hrs $311,144 $6,760 $205,732 $40,250 $563,886 Engineer 10 Engineer 2Engineer 9
191 $/hr 105 $/hr
BEN|EN
Subtotal
Richard
Sample
(Electrical)
Geotechnic
al
Project Admin 2
Task 5 DDW Waiver Compliance (Optional)
319 $/hr
Task 6 Assistance with Rights of Entry (Optional)
Task 4 CWSRF Construction Funding Application
Task 3 Design Documents
Fee Estimate
Client: City of Point Arena
Consultant: Bennett Engineering Services Inc (BENEN)
Project: SS Collection System Improvements
Date: January 14, 2026
MISC.
EXPENSES
TOTAL
Task 2 Data Collection & Analysis
Task 1 Project Management
304 $/hr 283 $/hr
Engineer 8 Engineer 5
231 $/hr
Additional Fee Information
This fee estimate is valid for 90 days from the date shown above.
This fee estimate contains an abbreviated list of staff classifications and does not restrict BEN|EN to those classifications. The Standard Rate Schedule with a full list of staff classifications is available upon request.
This fee estimate contains an approximation of the breakdown between labor, expense, and consultants. BEN|EN reserves the rights to distribute funds differently based on project needs.
Standard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) may be charged at a 50% premium. Work mandated by Prevailing Wage laws may be charged at a 25% premium.
Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.
Classifications may be added or removed as-needed without notice.
Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount.
Rates are subject to change annually effective July 1st. https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p252005-Point Arena-SS Collection System Upgrades/p252005-Prelim Scope-Fee/p252005_Pt Arena Fee-20260114 Page 1 of 1
EXHIBIT C
PROJECT SCHEDULE
EXHIBIT D
CITY COUNCIL POLICY 100-5
CITY OF POINT ARENA, CALIFORNIA
COUNCIL POLICY
BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Point arena, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Point arena in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Point arena’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Point arena share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Point arena involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
B. Establishing a Drug-Free Awareness Program to inform employees about:
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Point arena within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Point arena determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Point arena for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
RESOLUTION NO. 2026-01
A RESOLUTION OF THE POINT ARENA CITY COUNCIL AWARDING THE CONTRACT FOR
POINT ARENA INFILTRATION, INFLOW, AND PIPELINE CAPACITY PROJECT, BID# 2026-01, TO BENNETT ENGINEERING SERVICES INC AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY
WHEREAS, the City of Point Arena’s Point Arena Infiltration, Inflow and Pipeline Capacity Project, Bid #2025-01, was advertised for construction bids and all properly received bids were opened on November 6, 2025; and
WHEREAS, Bennett Engineering Services Inc was declared the lowest, responsive, responsible bidder with a base bid of $563,886 (five hundred and sixty-three thousand, eight hundred and eighty-six dollars); and
WHEREAS, sufficient funds are available through the California State Water Resources Control Board to support the project; and
WHEREAS, the proposed scope of work includes both base services and optional services that may be authorized as needed to support the successful completion of the project; and WHEREAS, sufficient funds are anticipated to be available from the Sewer Enterprise Fund and/or applicable grant or loan funding sources to support this agreement; and WHEREAS, approval of this agreement constitutes a planning and feasibility action and does not commit the City to construction, and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Point Arena hereby awards the construction contract in the amount of $563,886 to Bennett Engineering Services Inc for the Point Arena Infiltration, Inflow and Pipeline Capacity Project, Bid #2026-01.
FURTHER BE IT RESOLVED THAT the City Manager is hereby authorized to sign the construction documents on behalf of the City.
PASSED AND ADOPTED The foregoing Resolution No. 2026-01 was passed and adopted on the 20th day of January, 2026 by the following vote. Motion by _, Seconded by _.
Ayes:
Noes:
Absent:
Abstain:
Barbara Burkey
Mayor
ATTEST:
Paul Andersen
City Clerk