Pittsburg City Council
August 18, 2025

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City of Pittsburg CIP Current Projects Totals
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4930 City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program CIP Current Projects Totals
Roadway Infrastructure (22 Projects)
Page
Number Project Number Project Name Total Funding
37 2019 BA RT Pe de strian/Bicycle Conne ctivity $9,057,050 38 2029 Zone 4 Pavement Management $4,388,910
39 2037 Harbor Street Safety Improvements (HSIP 12) $2,612,700 40 2038 HSIP 10- Citywide Roadway Improvements $2,965,700 41 2041 Bai l ey Road Improvements Phase I $22,083,200
42 2042 A nnual Citywide Traffic Calm ing $525,000
43 2043 Zone 7 Pavement Management $4,225,627
44 2044 Bai l ey Road Pavement Repai r $258,305
45 2049 Bailey Road Pavement Maintenance $2,080,000
46 2052 De lta De A nza Multim odal Trail Safe ty Im prove m e nts $5,009,406 47 2133 Trail Crossing Improvements (TDA) $186,170
48 2228 Citywide A rte rial Me dian Conve rsion $930,000 49 2242 Annual Citywide Striping & Signage $497,168
50 2243 Countywide Smart Signals Project $1,332,724
51 2244 Citywide Side walk Re pair $370,800
52 2314 Pittsburg Center Smart City Pilot $1,337,640
53 3038 W. Leland Road Extension Phase II $ 33,380,000
54 3039 Pittsburg-Antioch Highway Widening $38,080,000
55 3332 Annual Citywide Fence/Soundwall Repairs $730,000 56 4067 2025/26 CDBG ADA Curb Ramp Installation $259,350 57 4079 L insche id Drive Traffic Calm ing $996,184
58 TBD Pavement Management Program $16,600,000
TOTAL COST $ 147,905,934
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City of Pittsburg CIP Current Projects Totals
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4930 City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program Underground Utilities (12 Projects)
Page
Number Project Number Project Name Total Funding
61 3023 Willow Pass Storm Drain Re pair $800,000
62 5003 West Santa Fe Ave. Sewer Water Rehabi l i tati on $21,500,000 63 5006 Wate r Syste m Re liability (Cabrillo Place Wate rline ) $2,822,916 64 5007 Highlands Ranch Tank Improvements $705,000
65 5065 Water Treatment Plant Capital Repairs and Improvements $425,000 66 5067 Water Treatment Plant Filtration Improvements & Hypochlorite Conversion $62,143,188
67 5071 20 Inch Water Main W. Leland (WTP to SW Hills) $7,475,000 68 5074 Water Treatment Pl ant Al ternati ve Fuel Conversi on $2,160,000 69 TBD Central Addition Water and Sewer Rehabilitation (Phase 1) $6,000,000 70 TBD Americana Park Basin Retrofit $1,651,000
71 TBD Be lla Vista/Rive rvie w Wate r Consolidation $952,400 72 TBD Loveri dge Road Sani tary Sewer Pi pe Re-l i ne $165,000 TOTAL COST $ 106,799,504
Community Facilities (5 Projects)
Page
Number Project Number Project Name Total Funding
75 1703 CHARGE! Fleet EV Infrastructure $286,000
76 1755 City Entrance Features $250,000
77 2472 Pittsburg Moves Active Transportation Plan Update $510,000 78 3024 Buchanan Road Slope Repair $1,523,436
79 3333 California The ate r Marque e & Be low Stage Modification $506,800 TOTAL COST $ 3,076,236
Parks (4 Projects)
Page
Number Project Number Project Name Total Funding
83 1754 City Park Re stroom Facility $1,250,000
84 1756 Landscape Master Plan Update $1,500,000
85 3040 Buchanan Park Pond Loop Replacement $222,288
86 3080 Pittsburg Pre m ie r Fie lds $6,770,042
TOTAL COST $ 9,742,330
Marina (3 Projects)
Page
Number Project Number Project Name Total Funding
89 3022 Rive rvie w Park Fishing Pie r $280,000
90 5517 Sheds A - D Upgrades $291,200
97 5704 Central Harbor Park (CHP) & Boat Launch Facilities (BLF) $4,244,395 TOTAL COST $ 4,815,595
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City of Pittsburg CIP Current Projects Totals
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4930 City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program Power (7 Projects)
Page
Number Project Number Project Name To tal Funding
95 5816 Duct Bank and Vault Replacements $1,200,000
96 5820 Wate rfront A re a Re liability $1,500,000
97 5821 Outage Recovery $650,000
98 5826 RA Repl acement $350,000
99 5827 Electrical Substation Battery Replacement $270,000 100 5828 Re side ntial Gas Isolation Valve s Installation $350,000 101 5829 Ele ctrical Syste m "SKM Mode ling" and A nalysis $250,000 TOTAL COST $ 4,570,000
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2025/26— 2029/30

CAPITAL IMPROVEMENT PROGRAM
APPENDIX D: PROJECT

SUMMARY
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5-year CIP 2025/26 – 2029/30
Roadway Infrastructure
Project Summary
Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Future Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 To tal Funding 1 2019 BA RT Pe de strian/Bicycle Conne ctivity $9,056,464 $3,870,000 OBAG-2 (E)
$600,000 PBTF (E)
$515,000 Measure J (E)
$25,000 Measure M (E)
$58,000 TDA Grant (E)
$3,225,000 LTMF (E)
$7
00,000 SR2BART (E)
$64,000 LTMF (N)
$8,993,050 $64,000 $9,057,050
2 2029 Zone 4 Pavement Management $4,388,910
$436,051 General Fund (E)
$500,000 Measure M (E)
$800,000 HUTA (E)
$650,000 Measure M (E)
$1,900,000 RMRA (E)
$102,859 CalRecycle Grant (E)
$4,388,910 $4,388,910
3 2037 Harbor Street Safety Improvements (HSIP 12) $2,612,700 $2,246,922 HSIP Grant (E) $365,778 HUTA (E) $2,612,700 $2,612,700
4 2038 HSIP 10- Citywide Roadway Improvements $2,965,700 $2,965,700 HSIP (E) $2,965,700 $2,965,700 5 2041 Bai l ey Road Improvements Phase I $22,083,200
$5,000,000 ECCRFFA (N)
$150,000 LTMF (N)
$16,440,000 ECCRFFA (F)
$493,200 LTMF (F)
$0 $5,150,000 $16,933,200 $22,083,200
6 2042 A nnual Citywide Traffic Calm ing $525,000
$75,000 Measure J (E)
$75,000 HUTA (E)
$75,000 Measure J (N)
$300,000 Measure J (F)
$150,000 $75,000 $75,000 $75,000 $75,000 $75,000 $5 25,000 7 2043 Zone 7 Pavement Management $4,225,627
$300,000 Measure J (N)
$1,225,627 Measure M (N)
$800,000 HUTA (N)
$1,900,000 RMRA (N)
$0 $4,225,627 $4,225,627
8 2044 Bai l ey Road Pavement Repai r $258,305 $233,000 General Fund (N) $25,305 Measure M (N) $258,305 $258,305
9 2049 Bailey Road Pavement Maintenance $2,080,000 $2,080,000 Bailey Rd Maint. (N) $0 $2,080,000 $2,080,000 10 2052 De lta De A nza Multim odal Trail Safe ty
Improvements $5,009,406 $4,427,000 OBAG-3 (E)
$582,406 EBRP (E) $5,009,406 $5,009,406
11 2133 Trail Crossing Improvements (TDA) $186,170
$120,000 TDA (E)
$30,000 Measure J (E)
$4,170 CDBG (E)
$11,000 HUTA (E)
$21,000 Measure J (N)
$165,170 $21,000 $186,170
12 2228 Citywide A rte rial Me dian Conve rsion $930,000 $180,000 Measure J (E)
$50,000 Measure J (N)
$100,000 Measure M (N)
$200,000 Measure J (F)
$400,000 Measure M (F)
$180,000 $150,000 $150,000 $150,000 $150,000 $150,000 $9 30,000 13 2242 Annual Citywide Striping & Signage $497,168
$247,168 HUTA (E)
$50,000 HUTA (N)
$200,000 HUTA (F)
$247,168 $50,000 $50,000 $50,000 $50,000 $50,000 $4 97,168 14 2243 Countywide Smart Signals $1,332,724 $1,179,890 OBAG 3 Grant (E) $152,834 HUTA (E) $1,332,724 $1,332,724
15 2244 Citywide Side walk Re pair $370,800 $270,800 Measure M (E) $100,000 Measure M (N) $270,800 $100,000 $370,800
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5-year CIP 2025/26 – 2029/30
Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Fut
ure Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 16 2314 Pittsburg Center Smart City Pilot $1,200,000 $1,200,000 FTA Earmark (E) $137,640 HUTA (E) $1 ,337,640 $1,337,640
17 3038 West Leland Road Extension Phase II $33,380,000 $33,380,000 ECCRFFA (N) $0 $3 3,380,000 $33,380,000 18 3039 Pittsburg-Antioch Highway Widening $38,080,000 $38,080,000 ECCRFFA (N) $0 $3 8,080,000 $38,080,000 19 3332 Annual Citywide Fence/Soundwall Repairs $730,000 $200,000 HUTA (E)
$155,000 Measure J (E)
$75,000 HUTA (N)
$300,000 HUTA (F)
$355,000 $75,000 $75,000 $75,000 $7 5,000 $75,000 $730,000 20 4067 2025/26 CDBG ADA Curb Ramp Installation
Project $259,350 $259,350 CDBG (N) $0 $259,350 $259,350 21 4079 L insche id Drive Traffic Calm ing $996,184 $202,184 CDBG (E) $794,000 UNFUNDED (F) $2 02,184 $794,000 $996,184
22 TBD Pavement Management Program $16,600,000
$1,200,000 Measure J (F)
$4,600,000 Measure M (F)
$3,200,000 HUTA (F)
$7,600,000 RMRA (F)
$0 $4,150,000 $4,150,000 $4,150,000 $4 ,150,000 $16,600,000 TOTALS $131,167,708 $28,210,452 $83,968,282 $5,294,000 $4,500,000 $21,433,200 $4,500,000 $147,905,934 144

5-year CIP 2025/26 – 2029/30
Underground U�li�es
Project Summary
Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Fut
ure Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 1 3023 Willow Pass Storm Drain Re pair $531,230 $800,000 General Fund (E) $800,000 $8 00,000 2 5003 West Santa Fe Ave. Sewer Water Rehabi l i tati on $21,500,000 $5,094,000 WOF (E)
$3,708,530 SOF (E)
$2,848,000 WOF (N)
$4,000,000 SOF (N)
$5
,849,470 UNFUNDED (F)
$8,802,530 $6,848,000 $5,849,470 $21,500,000
3 50
06 Wate r Syste m Re liablity (Cabrillo Place
Waterl i ne) $2,819,258 $2,052,916 WOF (E)
$770,000 WOF (N) $2,052,916 $770,000 $2,822,916
4 50 07 Highlands Ranch Tank Improvements $678,207 $705,000 WOF (E) $705,000 $7 05,000 5 5065 WTP Capital Repairs and Improvements $425,000
$300,000 WOF (E)
$25,000 WOF (N)
$100,000 WOF (F)
$300,000 $25,000 $25,000 $25,000 $2 5,000 $25,000 $425,000 6 5067 Water Treatment Plant Filtration Improvements
& Hypochlorite Conversion $62,143,188
$8,041,188 WOF (E)
$45,800,000 [2023-Wbond] (E)
$1,926,000 WREVBond Proceed (E)
$1,910,000 WFR-WTP Expansion (E)
$1
,988,000 WFR Distribution (E)
$745,000 WFR P.S. & Reservoir (E)
$1,083,000 WFR Sludge (E)
$650,000 WOF (N)
$61,493,188 $650,000 $62,143,188
7 50 71 20 Inch Water Main West Leland Road (WTP to
SW Hills) $7,475,000
$1,796,000 WFR (E)
$754,000 WOF (E)
$4,925,000 UNFUNDED (F)
$2,550,000 $4,925,000 $7,475,000
8 50 74 Water Treatment Pl ant Al ternati ve Fuel
Conversion $2,160,000 $959,752 Earmark (N)
$1,200,248 Unfunded (F) $0 $959,752 $1,200,248 $2,160,000 9 TBD Americana Park Basin Retrofit $1,651,000 $1,651,000 Unfunded (F) $0 $ 1,651,000 $1,651,000 10 TBD Be lla Vista/Rive rvie w Wate r Consolidation $952,400 $952,400 SAFER grant (F) $0 $9 52,400 $952,400 11 TBD Central Addition Water and Sewer Rehabilitation
(Phase I) $6,000,000 $6,000,000 Unfunded (F) $0 $650,000 $5,350,000 $6 ,000,000 12 TBD Loveri dge Raod Sani tary Sewer Pi pe Re-l i ne $165,000 $165,000 SOF (N) $0 $1 65,000 $165,000 TOTALS $106,500,283 $76,703,634 $9,417,752 $6 ,826,870 $1,225,248 $675,000 $11,951,000 $106,799,504 145

5-year CIP 2025/26 – 2029/30
Community Facili�es
Project Summary

PARK PROJECTS
Project Summary
Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Future Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 1 1703 Charge! Fleet EV Infrastructure $286,000 $165,000 Regional Grant (E) $121,000 MCE Grant (E) $286,000 $286,000
2 1755 City Entrance Features $250,000 $250,000 General Fund (E) $250,000 $250,000 3 2472 Pittsburg Moves Active
Transportation Plan Update $510,000 $408,000 SS4A Grant (E) $102,000 HUTA (E) $510,000 $510,000
4 3024 Buchanan Road Slope Repair $1,520,262 $200,000 General Fund (E) $1,323,436 FHWA Grant (E) $1,523,436 $1,523,436
5 3333 Cal i forni a Theater Marquee &
Be low Stage Modification $506,800 $400,000 Grant (E)
$106,800 General Fund (E) $506,800 $506,800
TOTALS $3,073,062 $3,076,236 $0 $0 $0 $0 $0 $3,076,236
Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Future Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 1 1754 City Park Re stroom Facility $1,055,300 $1,250,000 General Fund (E) $1,250,000 $1,250,000 3 1756 Landscape Master Plan Update $1,500,000 $1,500,000 General Fund (E) $1,500,000 $1,500,000 2 3040 Buchanan Park Pond Loop
Repl acement $222,288 $222,288 Grant (E) $222,288 $222,288 4 3080 Pittsburg Pre m ie r Fie lds $6,770,042
$2,172,000 General Fund (E)
$1,896,581 ARPA (E)
$2,263,000 PDF (E)
$438,461 Measure M (E)
$6,770,042 $6,770,042
TOTALS $9,547,630 $9,742,330 $0 $0 $0 $0 $0 $9,742,330
146

5-year CIP 2025/26 – 2029/30

MARINA PROJECTS
Project Summary

POWER PROJECTS
Project Summary
Item No. Finance
No. Project Name Estimated Project Cost
Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Future Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 1 3022 Rive rvie w Park Fishing Pie r $280,000
$150,000 MPA (E)
$25,000 Waterfront (E)
$105,000 MPA (N)
$175,000 $105,000 $280,000
2 5704 Central Harbor Park and Boat Launch Facilities $4,244,395 $3,544,395 CAR 2022 Grant (E)
$100,000 Solid Waste Fund (E)
$100,000 Waterfront Fund (E)
$400,000 Waterfront Grant (E)
$100,000 Waterfront Fund (N)
$4,144,395 $100,000 $4,244,395
3 5517 Sheds A - D Upgrades $291,200 $291,200 Marina Enterprise Fund (E) $291,200 $291,200 TOTALS $4,815,595 $4,610,595 $205,000 $0 $0 $0 $0 $4,815,595 Item No. Finance No. Project Name Estimated Project Cost Funding
Identified Funding Available
Existing A llocation = (E)
N e w A llocation = (N )
Future Allocation = (F)
Current Project Funding FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30 Total Funding 1 5816 Duct Bank and Vault Replacements $1,200,000
$625,000 IE (E)
$100,000 IE (N)
$375,000 IE (F)
$625,000 $100,000 $100,000 $100,000 $125,000 $150,000 $1,200,000 2 5820 Wate rfront A re a Re liability $1,500,000
$700,000 IE (E)
$125,000 IE (N)
$675,000 IE (F)
$700,000 $125,000 $125,000 $150,000 $200,000 $200,000 $1,500,000 3 5821 Outage Recovery $650,000
$250,000 (E)
$80,000 IE (N)
$320,000 IE (F)
$250,000 $80,000 $80,000 $80,000 $80,000 $80,000 $650,000 4 5826 RA Repl acement $350,000 $60,000 IE (E)
$290,000 IE (F) $60,000 $0 $50,000 $80,000 $80,000 $80,000 $350,000 5 5827 Electrical Substation Battery
Repl acement $270,000
$40,000 IE (E)
$40,000 IE (N)
$190,000 IE (F)
$40,000 $40,000 $40,000 $50,000 $50,000 $50,000 $270,000 6 5828 Re side ntial Gas Isolation Valve s
Installation $350,000 $85,000 IE (N)
$265,000 IE (F) $0 $85,000 $85,000 $80,000 $ 50 ,000 $50,000 $350,000 7 5829 Ele ctrical Syste m "SKM Mode ling" and
A nalysis $250,000 $200,000 IE (N)
$50,000 IE (F) $0 $200,000 $50,000 $250,000
TOTALS $4,570,000 $1,675,000 $630,000 $530,000 $540,000 $585,000 $61 0,000 $4,570,000 147

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City of Pittsburg Project Index
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4930 City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program Project Name Page Number Project Number Category Total Funding 20 Inch Water Main W. Leland (WTP to SW Hills) 67 5071 Underground Utilities $7,475,000 2025/26 CDBG ADA Curb Ramp Installation 56 4067 Roadway Infrastructure $259,350 Americana Park Basin Retrofit 70 TBD Underground Utilities $1,651,000 Annual Citywide Fence/Soundwall Repairs 55 3332 Roadway Infrastructure $730,000 Annual Citywide Striping & Signage 49 2242 Roadway Infrastructure $497,168 A nnual Citywide Traffic Calm ing 42 2042 Roadway Infrastructure $525,000 Bai l ey Road Improvements Phase I 41 2041 Roadway Infrastructure $22,083,200 Bailey Road Pavement Maintenance 45 2049 Roadway Infrastructure $2,080,000 Bai l ey Road Pavement Repai r 44 2044 Roadway Infrastructure $258,305 BA RT Pe de strian/Bicycle Conne ctivity 37 2019 Roadway Infrastructure $9,057,050 Be lla Vista/Rive rvie w Wate r Consolidation 71 TBD Underground Utilities $952,400 Buchanan Park Pond Loop Replacement 85 3040 Parks $222,288 Buchanan Road Slope Repair 78 3024 Com m unity Facilitie s $1,523,436 Cal i forni a Theater Marquee & Bel ow Stage
Modification 79 3333 Com m unity Facilitie s $506,800
Central Addition Water and Sewer Rehabilitation
(Phase 1) 69 TBD Underground Utilities $6,000,000
Central Harbor Park (CHP) & Boat Launch Facilities
(BLF) 97 5704 Marina $4,244,395
CHARGE! Fleet EV Infrastructure 75 1703 Com m unity Facilitie s $286,000 City Entrance Features 76 1755 Com m unity Facilitie s $250,000 City Park Re stroom Facility 83 1754 Parks $1,250,000
Citywide A rte rial Me dian Conve rsion 48 2228 Roadway Infrastructure $930,000 Citywide Side walk Re pair 51 2244 Roadway Infrastructure $370,800 Countywide Smart Signals Project 50 2243 Roadway Infrastructure $1,332,724 De lta De A nza Multim odal Trail Safe ty Im prove m e nts 46 2052 Roadway Infrastructure $5,009,406 Duct Bank and Vault Replacements 95 5816 Power $1,200,000 Electrical Substation Battery Replacement 99 5827 Power $270,000 Ele ctrical Syste m "SKM Mode ling" and A nalysis 101 5829 Power $250,000 Harbor Street Safety Improvements (HSIP 12) 39 2037 Roadway Infrastructure $2,612,700 Highlands Ranch Tank Improvements 64 5007 Underground Utilities $705,000 HSIP 10- Citywide Roadway Improvements 40 2038 Roadway Infrastructure $2,965,700 Landscape Master Plan Update 84 1756 Parks $1,500,000
L insche id Drive Traffic Calm ing 57 4079 Roadway Infrastructure $996,184 Loveri dge Road Sani tary Sewer Pi pe Re-l i ne 72 TBD Underground Utilities $165,000 Outage Recovery 97 5821 Power $650,000
Pavement Management Program 58 TBD Roadway Infrastructure $16,600,000 Pittsburg Center Smart City Pilot 52 2314 Roadway Infrastructure $1,337,640 Pittsburg Moves Active Transportation Plan Update 77 2472 Com m unity Facilitie s $510,000 Pittsburg Pre m ie r Fie lds 86 3080 Parks $6,770,042
Pittsburg-Antioch Highway Widening 54 3039 Roadway Infrastructure $38,080,000 RA Repl acement 98 5826 Power $350,000
151

City of Pittsburg Project Index
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4930 City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program Project Name Page Number Project Number Category Total Funding Re side ntial Gas Isolation Valve s Installation 100 5828 Power $350,000 Rive rvie w Park Fishing Pie r 89 3022 Marina $280,000
Sheds A - D Upgrades 90 5517 Marina $291,200
Trail Crossing Improvements (TDA) 47 2133 Roadway Infrastructure $186,170 W. Leland Road Extension Phase II 53 3038 Roadway Infrastructure $33,380,000 Wate r Syste m Re liability (Cabrillo Place Wate rline ) 63 5006 Underground Utilities $2,822,916 Water Treatment Pl ant Al ternati ve Fuel Conversi on 68 5074 Underground Utilities $2,160,000 Water Treatment Plant Capital Repairs and
Improvements 65 5065 Underground Utilities $425,000
Water Treatment Plant Filtration Improvements &
Hypochlorite Conversion 66 5067 Underground Utilities $62,143,188 Wate rfront A re a Re liability 96 5820 Power $1,500,000 West Santa Fe Ave. Sewer Water Rehabi l i tati on 62 5003 Underground Utilities $21,500,000 Willow Pass Storm Drain Re pair 61 3023 Underground Utilities $800,000 Zone 4 Pavement Management 38 2029 Roadway Infrastructure $4,388,910 Zone 7 Pavement Management 43 2043 Roadway Infrastructure $4,225,627 $276,909,599Total Cost
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with BKF Engineers for the Design of Project 3038 - West Leland Road Extension Phase II

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 3038 - West Leland Road Extension Phase II (Project) is construction of the extension of West Leland Road, from Santa Teresa Drive to Avila Road, to enhance connectivity from Pittsburg to Concord city limits. Adoption of this Resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with BKF Engineers for the design of the Project.

FISCAL IMPACT

The proposed design fee for the Project is $571,200. Funding for design will be provided from the current approved Project budget, which is $33,380,000 of East Contra Costa Regional Fee and Financing Authority (ECCRFFA) funds. ECCRFFA Resolution No. 25/03 appropriated funds to the Project in accordance with Cooperative Agreement No.18-25 between ECCRFFA and the City. No additional funds are being requested.

RECOMMENDATION

City Council adopt the Resolution authorizing the City Manager to execute a Consulting Services Agreement with BKF Engineers for the design of the Project in an amount not to exceed $571,200.

BACKGROUND

The City solicited a Request for Proposals (RFP) for design services for the Project from the three qualified firms on the City’s current approved on-call list. City staff received and evaluated three proposals from consulting firms. BKF Engineers was ranked as the most qualified based on the proposal submitted. BKF Engineers submitted a proposal in the amount of $571,200 for design of the Project.

On June 12, 2025, ECCRFFA adopted Resolution No. 25/03 which appropriated funds to the Project for design and construction in accordance with Cooperative Agreement No.18-25 between ECCRFFA and the City.

SUBCOMMITTEE FINDINGS

This item was discussed in the April 24, 2025 Infrastructure and Transportation Subcommittee.

STAFF ANALYSIS

Staff reviewed and ranked the submitted proposals. Based on ratings of the received RFPs and a comprehensive cost proposal review and fee negotiation, staff recommends awarding the design contract to the BFK Engineers. The scope of BFK Engineers design service includes preparation of biddable construction documents.

The Project will extend West Leland Road from its current terminus near Santa Teresa Drive in a westerly direction to Avila Road, along the frontage of Edgecombe Crane and the future West Leland Commerce Center. The new road will be four lanes with raised median, landscaping, sidewalks, and class 2 bicycle lanes. Final design will not commence until an environmental review is complete. The City is soliciting separate proposals for the California Environmental Quality Act (CEQA) analysis and resource agency permit services for the Project.

ATTACHMENTS: Resolution
Consulting Services Agreement

Report Prepared By: SM Saklaen, Senior Civil Engineer

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing a Consulting Services Agreement With )
BKF Engineers for the Design of Project 3038 - ) RESOLUTION NO. 25- West Leland Road Extension Phase II )

WHEREAS, Project 3038 - West Leland Road Extension Phase II (Project) is the construction of the extension of West Leland Road, from Santa Teresa Drive to Avila Road, to enhance connectivity from Pittsburg to Concord city limits; and

WHEREAS, the City solicited a Request for Proposals (RFP) for design services of the Project from the three qualified firms on the City’s current approved on-call list; and

WHEREAS, City staff received and evaluated three proposals from the consulting firms. BKF Engineers was ranked as the most qualified based on the proposal submitted; and

WHEREAS, BKF Engineers submitted a proposal in the amount of $571,200 for design of the Project; and

WHEREAS, on June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/03 which appropriated funds to the Project for design and construction in accordance with Cooperative Agreement No.18-25 between ECCRFFA and the City.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a Consulting Services Agreement with BKF Engineers.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

__________________________
Jelani Killings, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk

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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
BKF ENGINEERS, INC.

Project 3038 West Leland Road Extension Phase II

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and BKF Engineers, Inc. a California corporation (“Consultant”) (together referred to as the “Parties”) as of August 19, 2025 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 21, 2028, or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Five Hundred Seventy-One Thousand Two Hundred Dollars ($571,200), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:

▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.
▪ Emailed to [email protected].

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.

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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.

b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.

c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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$1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.

d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:

a. Certificate of Liability Insurance in the amounts specified in this Agreement; and

b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

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4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement 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 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.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.

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termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested, Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Consultant: BKF Engineers, Inc.
1646 N. California Blvd., Ste. 400
Walnut Creek, CA 94596
ATTN: Daniel Schaefer

City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
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10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

The Parties have executed this Agreement as of the Effective Date.

CITY OF PITTSBURG BKF ENGINEERS, INC.

____________________________ ______________________________ Garrett Evans, City Manager Daniel Schaefer, PE
Principal/Vice President

Approved as to Form:

____________________________
Donna Mooney, City Attorney
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EXHIBIT A

SCOPE OF SERVICES

Project 3038 West Leland Road Extension Phase II

SECTION 1: PROJECT OVERVIEW

The City proposes to extend West Leland Road from its current terminus near Santa Teresa Drive in a westerly direction to Avila Road along the frontage of Edgecombe Crane and the Future West Leland Commerce Center.

While the amount of cut and fill for this roadway is currently unknown, the site elevations range from approximately 350 feet to 525 feet or an approximately 175-foot elevation difference.

Consultant shall perform the following:

SECTION 2: SCOPE OF WORK
Phase 1 – Preliminary Engineering
Task 1: Kickoff & Survey

1.1 Kickoff and Site Visit
A. Conduct a project kickoff meeting in the field to review site B. Gather utility documentation from the utility agencies and providers

1.2 Surveying and Utility
A. Set control for aerial flight
B. Aerial flight to map the corridor and develop a topographic survey C. Plot the location of existing utilities based on observation from the aerial photogrammetry and record or as-built maps provided by the utility agencies

D. Utility survey to dip storm drainage utilities
E. Layout right of way based on monumentation and record maps Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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F. Develop existing conditions map of topography, utility, and right of way

1.3 Temporary Construction Easements (TCE) – provide up to 2 TCE Exhibits delivered with the 65% design. Work included locating property corners along the existing parcel and developing TCE areas. A record of survey will be filed to delineate the location of the existing property corners.

1.4 Deliverables: Topographic and Right of Way Survey. TCE Exhibits with 65% submittal.

Task 2: Options Analysis, Background Studies

2.1 Options Analysis
A. Geotechnical – Perform geotechnical study that includes:
i. Task 1 – Pre-Field Activities, Data Review, and Administration.

Consultant shall manage project setup and review existing geologic data for Site 1 from sources like USGS and CGS. Consultant shall visit the site to observe conditions and mark boring locations, working with USA North 811 and a private utility locator for underground utility clearance.

Consultant shall obtain permits from Contra Costa County and the City, with traffic control planned during fieldwork. City shall seek permission from the property owner for access.

ii. Task 2 – Field Investigation. Consultant shall drive five borings to a depth of 20 feet or refusal using a truck-mounted drill rig to explore subsurface conditions along the road alignment. Consultant shall collect soil logs, blow counts, and samples for further laboratory testing, including pocket penetrometer tests for soil strength. Groundwater depth shall be noted if encountered. Consultant shall backfill borings with cement grout and repair any pavement disruptions with rapid-set concrete. The Parties assume the investigation will take 2.5 days.

Consultant shall have traffic control in place during field activities.

iii. Task 3 – Laboratory Testing. Consultant shall have selected soil samples from the site tested to assess their geotechnical properties, including density, moisture content, and R-value tests. Consultant shall perform four corrosion tests suites to assess the soil’s corrosivity.

Consultant shall meet and confer with the City with regard to any additional required tests.

iv. Task 4 – Engineering Analysis and Draft Report Preparation.

Consultant shall provide a draft report summarizing findings from the field investigation and lab tests, offering conclusions and geotechnical Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

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recommendations. Topics shall include subsurface conditions, retaining wall design, foundation recommendations, and seismic parameters. The draft shall also provide recommendations for earthwork, pavement design, drainage, and site preparation. A final report-in shall be issued based on comment from the City and Consultant.

v. Task 5 – Geologic Site Reconnaissance. A Certified Engineering Geologist (CEG) and Consultant shall walk the roadway alignment to observe existing site conditions and make note of any concerns from a geologic standpoint, such as exposed adverse bedrock bedding or signs of landslide activity within the project alignment. The Parties assume site reconnaissance to be completed in one full day. Consultant shall present the results of Consultant’s geologic site reconnaissance in the geotechnical report and shall include recommendation for additional investigation, if any.

vi. Task 6 - Seismic Survey. Consultant shall perform a seismic refraction/MASW survey at the Sites. The seismic refraction/MASW survey is a surface geophysical method that utilizes the refraction of seismic waves on geologic layers and rock/soil units to characterize subsurface conditions.

vii. Task 7 – Geotechnical Review of Project Plans and Specifications at 95% completion

B. Drainage – Consultant shall develop drainage analysis of existing drainage system, potential locations for stormwater treatment and area needed, and discharge locations for stormwater.

C. Geometric and Earthwork Assessment – Consultant shall provide geometrics layout including validating alignment and limits of grading using information provided by geotechnical engineers and grade/slope of the roadway.

2.2 35% Plans and Basis of Design

A. 35% Plans including roadway plan and alignment profile, layout and planting plan.

B. Develop Basis of Design Memorandum

C. Review and Meeting with City to finalize Basis of Design

2.3 Deliverables

A. 35% Plans
Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 4 of 12

B. Basis of Design Memo that indicates the design criteria that form the basis for the design. Any specific criteria related to the special studies will be contained within those memos as attachments.

i. Geotechnical Report

ii. Drainage Calculations/Draft Options Technical Memo. The Parties assume this analysis and corresponding technical memorandum would be used to help determine options.

Task 3: Environmental Review & Community Outreach

3.1 Environmental Review – Consultant shall answer technical questions to address earthwork volumes, and limit of work in City environmental review.

3.2 Public Meeting (1 total) – Consultant shall gather feedback and ensure community alignment with the project’s goals. Consultant to provide graphic information and attend to answer technical questions.

3.3 Stormwater Technical Memorandum – Consultant shall provide technical memorandum to serve as the basis for the CEQA drainage analyses and would be the same as that provided with the 65% design.

Task 4: Design Development

4.1 65% Plans, Draft, Specifications, and Estimate - Consultant shall prepare the plan sheets in AutoCAD format. Plans will include the following:

• Title Sheet
• Typical Cross Sections
• Layout and Utilities
• Profile
• Construction Details
• Drainage Plans, Profiles
• Streetlighting Plans (location only at 65%)
• Traffic Striping and Sign Plans
• Layout, Planting, and Irrigation Framework Plans
• Bioretention facility(s) plan and cross section
• Draft Special Provisions in outline format
Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 5 of 12

• Engineer’s Estimate based on takeoff of the major project elements delineated on the 65% plans and with assumptions on some of the non-detailed or specified items.

4.2 Right of Way – Consultant has assumed that the City will need to acquire right of way or a roadway easement to expand the right of way. Consultant shall prepare up to four (4) plats and legal description for the City to negotiate agreements with property owners. Consultant has assumed that a record of survey, corner records, or new monumentation will not be needed and that City would procure any title reports needed.

4.3 Draft Stormwater Technical Memorandum – Draft technical memo of the stormwater analysis of hydrology and hydraulics as well as green infrastructure measures used for the project.

4.4 Meetings (2 meetings total) – Once the review of the 65% plans by utility agencies.

Consultant shall participate in meetings with them to review specific design elements.

Phase II – Final Design

Upon approval of the 65% plans and acquiring CEQA environmental clearance, Consultant shall begin Phase II work on request of City.

Task 5: Final Design

5.1 95% Plans, Special Provisions, and Engineer’s Estimate (PS&E). In addition to the 65% Plans, the 95% PS&E will incorporate:

• Miscellaneous Details
• Irrigation detailed layout and details
• Technical Special Provisions, dealing with materials, order of work, roadway, and electrical items of work.

• Engineers Estimate with takeoff of quantities and unit prices, where appropriate, with a contingency to arrive at and engineer’s forecast of construction costs.

5.2 Stormwater Final Technical Memorandum – Final technical memo of the stormwater analysis of the hydrology and hydraulics as well as green infrastructure measures used for the project.

5.3 Deliverables

Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 6 of 12

A. 95% PS&E

B. Final Stormwater Technical Memorandum

C. Meeting Minutes

Task 6: Permitting, Funding, and Final PS&E

6.1 Final Design

A. Draft 100% PS&E as a check set prior to issuing wet signed plans and specifications

B. Final PS&E wet-signed submission ready for bidding and construction along with Resident Engineer File

6.2 Deliverables

A. Final PS&E

B. Resident Engineer File

Phase III – Construction (future not part of current scope)

SECTION 3: CONSULTANT PROJECT MANAGEMENT APPROACH

1. Project Coordination & Communication

a. Team Coordination: Consultant shall lead the coordination of the entire project team, including internal staff and external consultants, ensuring seamless communication and collaboration to meet project milestones, scope, budget, and schedule.

b. Client Communication: Serve as the primary point of contact with the client, ensuring ongoing communication, transparency, and responsiveness throughout the project’s lifecycle.

2. Project Tracking & Reporting

a. Monthly Project Status Reports: Consultant shall submit Monthly Project Status Reports, detailing:

i. Progress of key tasks and deliverables
ii. Budget tracking and any variances
Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 7 of 12

iii. Updated schedule and timelines
iv. Outstanding issues

b. Task & Change Management: Provide clear task assignment and manage any changes to scope, schedule, or budget with proper documentation and client approval.

3. Meetings & Documentation

a. Regular Team & Client Meetings: Consultant shall facilitate meetings to review progress, address challenges, and align on project goals.

b. Meeting Agendas & Minutes: Agendas will be distributed with detailed minutes will follow, documenting key decisions and action items.

4. Quality Assurance & Risk Management

a. QA/QC Process: Consultant shall implement a Quality Assurance/Quality Control process to review all project deliverables before submission.

b. Risk Mitigation: Risks related to scope, schedule, budget, or technical aspects will be monitored to proactively provide mitigation strategies.

SECTION 4: ASSUMPTIONS AND SCOPE QUALIFICATIONS

Notwithstanding the assumptions above, the Parties assume the following:

1. Existing utilities identified on Consultant’s drawings/plans will be based on information obtained by Consultant through utility locating or provided to Consultant based on record mapping or as-built plans and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed.

2. Utility design included in the project is limited to:

• Electrical for the new street lights (YEI) and electric service for lights is included. • Drainage for the new bioretention areas and extension of the storm drainage system to accommodate the bioretention areas and street is included.

• Water main extension and fire hydrants are included; however, no pressure modeling or fire flow calculations are included with the design • No wastewater/sewer facilities are included in the design Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 8 of 12

• No joint trench extension, including power, communication, and/or gas, along the roadway corridor

3. Phases 1 and 2 environmental, soil and/or groundwater contaminants, are not included in the scope of work as the result of the Phase 1 are currently unknown.

4. Consultant has assumed that cut and fill slopes will be used in lieu of the cost for retaining wall. If retaining walls and/or structures, if needed, Consultant will utilize Caltrans Standard Details, or Greenbrook standards, to a maximum height of 10-feet and that no special retaining wall or custom wall designs are needed and Consultant has limited their geotechnical report based on this assumption.

5. Consultant has assumed that a record of survey, corner records, or new monumentation will not be needed and that the City would procure any title reports needed for the plat and legal descriptions.

6. Landscaping for the project will only include the bioretention area, if determined to be part of the project, median landscaping, and street trees, no planting or irrigation outside of right of way. Irrigation will be of planting areas and trees only.

7. Landscape exclusions:
• Arborist services and existing tree survey
• Wells, booster pumps, and/or recycled water irrigation design including recycle water retrofit
• Horticultural soils analysis

8. Weather Conditions: The geotechnical field investigation assumes at least two consecutive weeks of dry weather. If the work must proceed in wet conditions, limited access drilling equipment may be required, and there could be delays. Consultant shall confirm with the City to avoid weather-related disruptions.

9. No Saw-Cutting Requirement: Consultant assumes the City will not require Consultant to saw-cut the pavement around the borings.

10. No Crop Damage Liability: Consultant shall not be liable for any crop damage during the investigation.

11. Hazardous Materials: If hazardous materials are encountered during boring, Consultant shall terminate the boring and contact the City. Consultant shall make arrangements for safe handling and backfilling. City shall meet and confer with regard to additional cost. Consultant shall not proceed without prior approval from City.

Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 9 of 12

12. Consultant has assumed that the City will obtain right of entry and or TCEs to accommodate the fill in the sag point at the end of Avila Road.

SECTION 5: ASSUMPTIONS REGARDING CITY

1. Lead public outreach: contact stakeholders (e.g. landowners, utilities, tenants, etc.), lead presentation with stakeholders, lead presentation at public meetings.

2. Complete California Environmental Quality Act (CEQA) processes, documentation, studies, and environmental permits.

3. Prepare City front end project special provisions and assemble final Project Technical Specifications. Prepared by Consultant.

4. Acquire any necessary rights of way for the Project.

5. Advertise and award construction contract.

6. Execute agreements with other agencies or entities.

7. Execute construction contract.

8. Provide Computer-Aided Design (CAD) borders and standard details to be utilized by the Consultant.

9. Prepare funding documentation and reports.

10. Plan and arrange public outreach/public meetings.

11. Provide data on utilities based on the responses from Utility Companies and as- built/record drawings of the roadways within the corridor.

12. City will waive fees for any encroachment permit needed for drilling, access, etc.

13. City will provide title reports and deed information of properties to determine ROW and establish the preliminary TCEs

14. City will lead the efforts with stakeholders and public outreach.

15. Consultant has assumed the City will be responsible for obtaining permission from the current property owner(s) for Consultant to access and investigate the eastern portion of the site at no cost or effort (surveying, drilling, etc.).

Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 10 of 12

EXHIBIT B

COMPENSATION SCHEDULE

For completion of the tasks set forth in the scope of work, Consultant shall be paid in an amount not to exceed Five Hundred Seventy-One Thousand Two Hundred Dollars ($571,200).

Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 11 of 12

Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Consulting Services Agreement (Design) between August 19, 2025 the City of Pittsburg and BKF Engineers, Inc. Page 12 of 12 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

BKF ENGINEERS, INC.

By:

Title: Principal/Vice President
Docusign Envelope ID: A2A2BD5F-B4D8-4FBD-9A8E-27F79870B84C

Combined Agency/City Council Minutes Page 1 of 4 July 21, 2025

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES

DATE: July 21, 2025

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Jelani Killings, Mayor/Chair
Dionne Adams, Vice-Mayor/Chair
Angelica Lopez, Council/Agency Member
Juan Antonio Banales, Council/Agency Member
Arlene Kobata, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

Mayor Killings called the regular meeting to order at 7:05 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. after having convened in Closed Session at 5:47 P.M. for the following Closed Session:

1. PUBLIC EMPLOYMENT Pursuant to Section 54957
City Manager

City Attorney Mooney stated that the City Council provided direction to staff, and there were no reportable actions taken.

2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel, Jordan Davis
Employee organizations: Pittsburg Police Managers Group and Teamsters Local 856

City Attorney Mooney stated that negotiation staff provided an update to the City Council and there were no reportable actions taken.

ROLL CALL

Vice Mayor Adams was absent and excused.

PLEDGE OF ALLEGIANCE

Mayor Killings led the Pledge of Allegiance.

PROCLAMATIONS

3. Inspire Pittsburg – Miles Minnick

Combined Agency/City Council Minutes Page 2 of 4 July 21, 2025

4. National Night Out

PRESENTATIONS

5. Draft 5-year Capital Improvement Program FY 2025/26 through 2029/30

CITY MANAGER REPORTS/REMARKS

City Manager Evans noted for the record that after the Ad-Hoc Subcommittee update presentation at the July 7th City Council meeting, the following Ad-Hoc’s were dissolved, Budget Sustainability, Government Performance, Facilities Rental and usage, Tobacco, Cannabis, Alcohol Policy Review.

Assistant City Manager Aliotti gave an update on upcoming community events.

PUBLIC COMMENTS

There were no public comments.

COMMITTEE REPORTS

Mayor Killings attended the Finance Subcommittee meeting.

PUBLIC HEARING

6. Adoption of a City Council Resolution Confirming the Engineer's Report and District Diagram, and Ordering a Levy for Citywide Landscaping and Lighting District 1988-01 for Fiscal Year 2025/26

Mayor Killings opened the Public Hearing. There being no one to speak on the item, Mayor Killings closed the Public Hearing.

On Motion by Member Banales, seconded by Member Kobata and adopted by the following vote:

AYES: Banales, Kobata, Lopez, Killings
ABSENT: Adams

7. Adoption of a City Council Resolution Confirming the Engineer's Report and Assessment District Diagram and Ordering the Levy of Assessments for Oak Hills Landscaping and Lighting District 1988-02 for FY 2025/26

Mayor Killings opened the Public Hearing. There being no one to speak on the item, Mayor Killings closed the Public Hearing.

On Motion by Member Banales, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Kobata, Lopez, Killings
ABSENT: Adams

Combined Agency/City Council Minutes Page 3 of 4 July 21, 2025

CONFLICT OF INTEREST STATEMENT

There were none.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR

On Motion by Member Banales, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Kobata, Lopez, Killings
ABSENT: Adams

8. Minutes of July 7, 2025

9. Adoption of a City Council Resolution Authorizing Reimbursement to Developer for Infrastructure Costs Incurred in Community Facilities District (CFD) 2009-01 San Marco and Allocating Funds

10. Adoption of a City Council Resolution Accepting Project 3334-City Council Chamber Upgrade as Complete and Authorizing the City Engineer to File a Notice of Completion

11. Adoption of a City Council Resolution Approving Revisions to the City’s Investment Policy

12. Adoption of a City Council Resolution Amending the Management Group and Senior Executive Team Salary and Benefit Schedules

13. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Police Officers’ Association (POA) for the Period July 1, 2025 through June 30, 2028

14. Adoption of a City Council Resolution Increasing the Measure M Base Allocation and Increasing the Allocation for Road Repairs Beginning FY 2026-27

15. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for International Brotherhood of Teamsters Local 856 for the Period July 1, 2025 through June 30, 2028

16. Adoption of a City Council Resolution Authorizing the City Manager to Execute the Second Amendment to the Consulting Services Agreement with Municipal Resource Group, LLC (MRG)

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS

There were no requests for future agenda items.

COUNCIL MEMBER REMARKS

There were no Council Member Remarks.

Combined Agency/City Council Minutes Page 4 of 4 July 21, 2025

ADJOURNMENT

The meeting adjourned at 7:56 P.M. to August 18, 2025.

Respectfully submitted,

Alice E. Evenson, City Clerk

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Accepting Project 4077 - 2024/25 CDBG ADA Curb Ramp Installation as Complete, Allocate Additional Funds, and Authorizing the City Engineer to File a Notice of Completion

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 4077, 2024/25 CDBG ADA Curb Ramp Installation (Project) constructed 38 curb ramps in the neighborhoods located near Polaris Drive and North Parkside Drive. This resolution will accept the construction contract as complete, authorize the City Engineer to file a Notice of Completion, and allocate additional funds.

FISCAL IMPACT

The total anticipated expenditures for the Project including design, staff time, construction, release of retention, and project close out is $295,000. Community Development Block Grant (CDBG) funded $273,938 of the Project. This resolution will allocate an additional $21,062 from the Highway Users Tax Account (HUTA) funding to pay for the outstanding balance of the Project.

An updated CIP Project Sheet is attached to this report.

RECOMMENDATION

Staff recommends that the City Council adopt the attached Resolution accepting the Project as complete, authorize the City Engineer to execute a Notice of Completion, and allocate an additional $21,062 from the HUTA funds to the Project.

BACKGROUND

Advertising for the Project began on November 26, 2024 and construction bids were opened on December 19, 2024.

On January 21, 2025, City Council approved Resolution No. 25-14587, awarding a construction contract to the lowest responsive responsible bidder, CLS/Cervantes Landscape Services, Inc. in the amount of $243,783. On June 3, 2025, the contractor completed construction of the Project.

SUBCOMMITTEE FINDINGS

This item was not presented in a subcommittee meeting.

STAFF ANALYSIS

Project 4077, 2024/25 CDBG ADA Curb Ramp Installation provided Americans with Disabilities Act (ADA) accessible ramps and sidewalks at various locations throughout the City, improving access to public transportation, schools, businesses, and other community facilities for pedestrians, the mobility impaired, and physically challenged persons.

The Project included three contract change orders in the amount of $23,707 for the installation of additional curb ramps and sidewalk areas needed to make each location ADA accessible.

The Project exceeded its original budget due to additional staff time, necessary project coordination, and based on HUD approved census designated tracts, additional sidewalk repair areas were added to ensure mobility in the community.

ATTACHMENTS: Resolution
CIP Project Sheet

Report Prepared By: Savon Reese, Associate Engineer

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Accepting Project 4077, 2024/25 CDBG )
ADA Curb Ramp Installation as ) RESOLUTION NO. 25-
Complete, Allocate Additional Funds, )
And Authorize the City Engineer to File )
A Notice of Completion )

WHEREAS, Project 4077, 2024/25 CDBG ADA Curb Ramp Installation (Project) constructed 38 curb ramps in the neighborhoods located near Polaris Drive and North Parkside Drive; and

WHEREAS, advertising for the Project began on November 26, 2024 and construction bids were opened on December 19, 2024; and

WHEREAS, on January 21,2025, City Council approved Resolution No. 25-14587, awarding a construction contract to the lowest responsive responsible bidder, CLS/Cervantes Landscape Services, Inc. in the amount of $243,783; and

WHEREAS, on June 3, 2025, the contractor completed the Project; and

WHEREAS, the total expenditures for the Project including design, construction, and staff costs are $295,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby allocates an additional $21,062 from the Highway Users Tax Account (HUTA) Funds to the Project.

BE IT FURTHER RESOLVED, that the City Council of the City of Pittsburg hereby accepts the Project as complete and authorizes the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

City of Pittsburg 2024/25 – 2028/29 Capital Improvement Program

Project Title: Project #:
2024/25 CDBG ADA Curb Ramp Installation Project 407 7

Description/Justification:

This project is for the construction of multiple curb ramps where there were none or out of ADA compliance ramps in various neighborhoods.

Supplemental Information:

Funding Source: HUD CDBG Grant, HUTA

Project Category: Streets
Location: Various locations around the City
Project Manager: S. Reese
Project Priority: 1C – Essential
Project Status: Complete
Est. Completion
Date:
2024/25

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Granting an Easement to Pacific Gas & Electric to Provide Service for the Premier Fields Project

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 3080 - Pittsburg Premier Fields (Project) requires electric, gas, and communication facilities to power restrooms, lighting, and future site improvements. An easement to Pacific Gas & Electric (PG&E) is necessary to install, operate, and maintain the facilities needed to serve the site. If adopted, this resolution will provide the necessary easement to furnish power to the Project.

FISCAL IMPACT

There is no fiscal impact associated with granting this easement.

RECOMMENDATION

City Council adopt the attached Resolution authorizing the City Engineer to execute an Easement Deed authorizing rights to PG&E for electric, gas, and communications services and other appurtenant improvements within a 2,448 square foot area in the northern portion of the property, as described and indicated on the easement deed attached to this report.

BACKGROUND

On November 18, 2024, the City Council approved Resolution No. 24-14566, accepting the plans and specifications, allocating additional funds, and awarding a construction contract for the Project. On December 16, 2024, the City Council approved Resolution No. 24-14582, conveying a 568 square foot easement for the eastern portion of the project site.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

The Project consists of the construction a multi-purpose field with parking, landscaping, a traffic signal on West Leland Road, and walking trails near the intersection of West Leland Road and John Henry Johnson Parkway. This Project provides a community amenity and promotes sports tourism. The requested easement is required for the upgrade to electrical distribution facilities to support the future improvements to the Project.

ATTACHMENTS: Resolution
Easement Deed to PG&E

Report Prepared By: Jolan Longway, Development Services Supervisor

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Granting the Easement to Pacific Gas & )
Electric to Provide Service for Project ) RESOLUTION NO. 25- 3080 - Pittsburg Premier Fields )

WHEREAS, Project 3080 - Pittsburg Premier Fields (Project) will construct a temporary multi-purpose field and additional improvements such as a traffic signal and striping, lighting, a new parking lot, and trail connections; and

WHEREAS, on November 18, 2024, the City Council approved Resolution No. 24- 14566, accepting the plans and specifications, allocating additional funding, and awarding a construction contract for the Project; and

WHEREAS, there is a need to convey an easement to Pacific Gas & Electric (PG&E) to provide the necessary electric and other appurtenant improvements to support the construction of the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg authorizes the City Engineer to execute the Easement Deed to PG&E for City property, Assessor’s Parcel Number 094-080-047.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Jelani Killings, Mayor
ATTEST:

______________________________
Alice E. Evenson, City Clerk

Utility Distribution Easement (02/2020)

RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library

Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax

Signature of declarant or agent determining tax

(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2402-01-10073 EASEMENT DEED

THE CITY OF PITTSBURG, a public body corporate and politic,

hereinafter called Grantor , hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect , and use facilities and associated equipment for public utility purposes , including, but not limited to electric, gas, and communication facilities , together with a right of way therefor, on, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Pittsburg, County of Contra Costa, State of California, described as follows:

(APN 094-080-047-7)

The parcel of land described in the deed from Pittsburg Golf and Country Club, a California corporation to Redevelopment Agency of the City of Pittsburg, a public body corporate and politic dated May 1, 1991 and recorded as Document No. 91-80295, Contra Costa County Records.

The easement area is described as follows:

The strip of land described in E XHIBIT “A” and shown on EXHIBIT “B” attached hereto and made a part hereof.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down , without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area , and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Utility Distribution Easement (02/2020)

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure , or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code ) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

THE CITY OF PITTSBURG, a public body corporate
and politic

By: _________________________________
Name
Title

By: _________________________________
Name
Title
I hereby certify that a resolution was adopted
on the ____ day of _________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.

By__________________________________

Utility Distribution Easement (02/2020)

State of California
County of )

On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER

[ ] Individual(s) signing for oneself/themselves

[ ] Corporate Officer(s) of the above named corporation(s)

[ ] Trustee(s) of the above named Trust(s)

[ ] Partner(s) of the above named Partnership(s)

[ ] Attorney(s)-in-Fact of the above named Principal(s)

[ ] Other

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Sheet 1 of 1
APN 094-080-047-7
2255 W LELAND RD

PITTSBURG, CA
Exhibit “A”
LANDS:

Real property situated in the City of Pittsburg County of Contra Costa, State of California being more particularly described as follows:

The parcel of land conveyed by the United States of America to the City of Pittsburg by deed dated October 12, 1960 and recorded in Book 3759 of Official Records at page 3, Contra Costa County Records, and therein designated PARCEL TWO.

EASEMENT:

A strip of land of the uniform width of 16.00 feet lying contiguous to and southerly of the southerly right of way line of W Leland Road (84.00 feet wide) and extending from the westerly boundary line of said lands easterly 153 feet (measured along said southerly right of way line of W Leland Road).

CONTAINING: 2,448 SQ. FT., more or less.

EXHIBIT “B” attached and made a part hereto.

The legal description herein was prepared by me
or under my direction on May 21, 2024.

SHEET NUMBERCHECKEDPLOT DATELAST EDITDRAWNSHEET INFODRAWING INFO2255 W LELAND RDPITTSBURG, CA23-D000163.01PACIFIC GAS & ELECTRIC COMPANY35430494N.T.S.1 OF 1JMJP5/21/20245/21/2024 EXHIBIT "B"

UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINESLEGEND APPROXIMATE LOCATION OF PG&E EASEMENT AREASUBJECT PARCELADJACENT PARCEL CITY OF PITTSBURGAPN 094-080-047-7DENGAPN 094-255-013-8 W LELAND ROAD (84')CONTRA COSTA COUNTY FIREPROTECTION DISTRICTAPN 094-080-038-6 153.00'16.00'AREA= 2,448 SQ.FT. ±

Utility Distribution Easement (02/2020)

Administrative Block
Attach to LD# 2402-01-10073
Location: Area 2, Diablo Division
Land Service Office: Concord
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: 24.02.01.13.23
FERC License Number(s): N/A
PG&E Drawing Number(s): N/A
PLAT NO. B1406
LD of any affected documents: N/A
LD of any Cross-referenced documents: N/A
TYPE OF INTEREST: Electric Underground Easement (4), Utility Easement (86) SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order# or PM#: 35430494 OPS: 3200
JCN: N/A
County: Contra Costa
Utility Notice Numbers: N/A
851 Approval Application No. N/A Decision N/A
Prepared By: PJN8
Checked By: A5SZ

(This page must be recorded with document)

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing the Application for a Land and Water Conservation Fund Grant Funding for the Pittsburg Premier Fields Project and Accepting and Allocating Awarded Funds

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

The City is pursuing Federal Land and Water Conservation Fund (LWCF) grant funds for development of Phase II of the Pittsburg Premier Fields Project (Project). The LWCF application requires a Resolution demonstrating City Council approval of the application.

FISCAL IMPACT

The City will be applying for the maximum grant request of $6,000,000. The grant requires a 50% match. There are no further allocations of City funds needed as the City Council has already allocated funds to this project through the following Resolutions for a total of $6,770,042.

Date Resolution No. Amount Allocated
June 30, 2022 22-14042 $600,000
July 18, 2022 22-14132 $215,000
August 7, 2023 23-14356 $9,000,000
June 17, 2024 24-14499 -$8,200,000
September 16, 2024 24-14533 $4,544,272
November 18, 2024 24-14566 $610,770

The City also anticipates utilization of the technology park developer fees for the remaining Project costs.

RECOMMENDATION

Staff recommends that the City Council adopt the attached Resolution authorizing the City to apply for the LWCF grant funds, accept awarded funds, and allocate awarded funds.

BACKGROUND

Phase I of the Project is located at the former Delta View Golf Course and is underway. Phase I includes a parking lot, traffic signal, trails, stormwater requirements, and one interim soccer field. Phase II of the Project is in design phases and will include:

• The demolition of the interim field
• 2 soccer fields
• 1 football field
• 5 restrooms (one building)
• Expansion of the travel lane
• Concrete pad for food truck bay
• Security cameras
• EV chargers
• Wifi
• Grading

Congress under Public Law 88-578 has authorized the establishment of a Federal LWCF Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes. The California Department of Parks and Recreation (CDPR) is responsible for the administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program. The Project qualifies for up to $6 million in Federal LWCF funding.

CDPR will prioritize projects that:

• Serve fiscally impacted communities
• Add park acreage to the City
• Are shovel ready
• Demonstrate immediate funding need
• Provide a new park in an area at least 0.5 mile from another park • Serve a community with a low park acreage per capita
• Align with 2021-2025 Statewide Comprehensive Outdoor Recreation Plan priorities which include but are not limited to:
o Engage and inspire younger generations
o Promote healthy lifestyles and communities
o Expand park access for all Californians

All projects funded by the LWCF grant are subject to both CEQA and NEPA review and are expected to begin construction in approximately winter 2026.

SUBCOMMITTEE FINDINGS

This item was presented as part of a list of grant status updates at the April 2023 Economic Development and Waterfront Subcommittee meeting.

STAFF ANALYSIS

The Project will be the first facility of its kind in Pittsburg and will serve youth from Pittsburg, the Bay Area, and throughout the State. The concept of clustered fields is similar to City Park, which is used consistently throughout the year for softball, baseball, and soccer tournaments and free play, and concentrates multiple fields for continuous programming and public use.

The Project will add Pittsburg to the network of nearby competitive sports facilities and bring economic benefits from the multi-billion dollar sports tourism market to Pittsburg restaurants, hotels, retail, and more. Furthermore, since the closure of Delta View Golf Course, the former golf course property has experienced fires, excessive vandalism, and blight. The Project will compliment the Dream Courts 5-basketball court development across East Leland Road at John Henry Johnson Park.

ATTACHMENTS: Resolution

Report Prepared By: Sara Bellafronte, Assistant to the City Manager

Resolution No. 25- Page 1 of 2 August 18, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter Of:

Authorizing an Application for Land and Water )
Conservation Fund Grant Funding for the ) RESOLUTION NO. 25- Pittsburg Premier Fields Project and Accepting )
And Allocating Funds Awarded )

WHEREAS, Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund (LWCF) Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and

WHEREAS, the California Department of Parks and Recreation is responsible for the administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and

WHEREAS, the City is pursuing LWCF funding for development of the Pittsburg Premier Fields Project (Project) which will construct three multi-use football, soccer, and lacrosse fields as well as supporting amenities like restrooms, lighting, and gathering areas; and

WHEREAS, the Project will be located at the former Delta View Golf Course and will provide novel recreation amenities to Pittsburg residents, generate economic development, and address blight and hazards experienced at the currently vacant site; and

WHEREAS, between June 30, 2022 and November 18, 2024 through Resolutions 22-14042, 22-14132, 23-14356, 24-14499, 24-14533 and 24-14566, the City Council allocated special revenue funds from the General Fund, General Fund Surplus, Measure M, and Park Dedication Fund for the Project.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby;

1. Authorizes the application for the LWCF grant funds for the Project; and

2. Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior (Secretary), be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location;” and

4. Certifies that said agency has matching funds from eligible source(s) and can finance the Project, which up to half may be reimbursed; and

5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines; and

Resolution No. 25- Page 2 of 2 August 18, 2025

6. Appoints the City Manager or his designee as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

BE IT FURTHER RESOLVED that that the City Council of the City of Pittsburg hereby accepts awarded grant funds and allocates them to the Project (3080).

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Jelani Killings, Mayor

ATTEST:

___________________________
Alice E. Evenson, City Clerk

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing the Execution of a Second Amendment with West Yost and Associates, Inc. for Project 5067 Water Treatment Plant Filtration Improvements and Hypochlorite Conversion

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 5067 Water Treatment Plant (WTP) Filtration Improvements and Hypochlorite Conversion (the “Project”) is paramount to the City’s ability to continue providing high-quality drinking water to residents. Design of the Project includes installation of six new water filters, conversion of an existing gaseous chlorine system to liquid hypochlorite (bleach), and upgrades to filter effluent pumping and underground WTP infrastructure. A Second Amendment is needed to increase the level of design engineering services and extend the term date to December 30, 2028.

FISCAL IMPACT

The Second Amendment would bring the total compensation for West Yost and Associates, Inc. to an amount not to exceed $6,097,019. There are sufficient funds in the project budget for this increased expenditure.

An updated CIP Project Sheet is attached to this report.

RECOMMENDATION

The City Council authorize the City Manager to execute a Second Amendment to the Consulting Services Agreement with West Yost and Associates, Inc.

BACKGROUND

On September 19, 2022, City Council adopted Resolution No. 22-14175, authorizing a Consulting Services Agreement with West Yost and Associates, Inc. for project design in the amount of $2,840,437. On July 1, 2024, City Council adopted Resolution No. 24-14505, authorizing the First Amendment, which altered the scope and increased the total compensation to $5,148,019.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

West Yost and Associates, Inc. was selected for the design of the Project based on their experience with the design of other water treatment facilities, their staff expertise, and previous history of providing high-quality design services to public entities. The parties desire to increase the level of engineering services in the areas of submittal review and detailed responses to contractor request for design clarification and increase the compensation to $6,097,019. This amount is necessary to ensure the Project’s successful completion.

ATTACHMENTS: Resolution
Second Amendment
CIP Project Sheet

Report Prepared By: Sharon Paz, Administrative Analyst II

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Execution of a Second )
Amendment with West Yost and )
Associates, Inc. for Project 5067 Water ) RESOLUTION NO. 25- Treatment Plant Filtration Improvements )
And Hypochlorite Conversion )

WHEREAS, Project 5067 Water Treatment Plant Filtration Improvements and Hypochlorite Conversion (the “Project”) includes the installation of six new water filters, conversion of an existing gaseous chlorine system to liquid hypochlorite (bleach), and upgrades to filter effluent pumping and underground plant infrastructure; and

WHEREAS, on September 19, 2022, City Council adopted Resolution No. 22- 14175, authorizing a Consulting Services Agreement with West Yost and Associates, Inc. for project design in the amount of $2,840,437; and

WHEREAS, on July 1, 2024, City Council adopted Resolution No. 24-14505, authorizing the First Amendment, which altered the scope and increased the compensation to $5,148,019; and

WHEREAS, the parties desire to increase the level of engineering services in the areas of submittal review and detailed responses to contractor requests for design clarification and increase the compensation to $6,097,019; and

WHEREAS, the parties also desire to extend the term date to December 30, 2028.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg authorizes the City Manager to execute a Second Amendment with West Yost and Associates, Inc.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Jelani Killings, Mayor
ATTEST:

____________________________
Alice E. Evenson, City Clerk

SECOND AMENDMENT TO

CONSULTING SERVICES AGREEMENT BETWEEN

CITY OF PITTSBURG AND
WEST YOST AND ASSOCIATES, INC.

Project 5067
Water Treatment Plant Filtration Improvements and Hypochlorite Conversion

THIS Second Amendment to the Principal Agreement made and entered into on September 20, 2022, hereafter referred to as Agreement, between West Yost and Associates, a California corporation, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 19th day of August, 2025.

WHEREAS, the parties entered into an Agreement for engineering design services for Project 5067 Water Treatment Plant Filtration Improvements and Hypochlorite Conversion; and

WHEREAS, on June 14, 2024, the parties entered into the First Amendment by reducing portions of the original scope, adding additional scope including design services and support during the bid and construction phases of the project, and increasing the compensation accordingly; and

WHEREAS, the City desires to have the Consultant perform additional work within the scope, which requires an increase in compensation and extension of the term date.

NOW, THEREFORE, Consultant and City do mutually agree as follows:

1. Term. Section 1.1 of the Agreement term is hereby amended to read as follows:

The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2028 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

2. Compensation. Section 2 of the Agreement is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed Six Million Ninety-Seven Thousand Nineteen Dollars ($6,097,019), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

3. Exhibit B Compensation Schedule. Exhibit B is hereby amended to include Attachment 2 of this Second Amendment.

4. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written Docusign Envelope ID: E37F1A48-B53F-47A4-86E1-7CE43EF34DAF

understanding they may have had prior to the execution of this Second Amendment.

This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

5. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.

6. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.

7. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

8. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.

CONSULTANT:

WEST YOST AND ASSOCIATES, a
corporation of the State of California

By:

Greg Chung, Principal-In-Charge

CITY:

CITY OF PITTSBURG, a municipal
corporation of the State of California

By:

Garrett Evans, City Manager

APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
Docusign Envelope ID: E37F1A48-B53F-47A4-86E1-7CE43EF34DAF

ATTACHMENT [2]

EXHIBIT B

COMPENSATION SCHEDULE

.

Docusign Envelope ID: E37F1A48-B53F-47A4-86E1-7CE43EF34DAF

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Accepting Project 1754 – City Park Restroom Facility as Complete and Authorizing the City Engineer to File a Notice of Completion

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 1754 – City Park Restroom Facility (Project) replaced the existing main restroom at City Park with a new 8-pack Romtec restroom facility. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.

FISCAL IMPACT

The Project was funded with $1,250,000 of ARPA funds (Resolution No.24-14533) for a total project budget of $1,055,300, which includes design ($24,263), construction ($998,037), and staff time ($33,000) charges.

An updated CIP project sheet is attached to this report.

RECOMMENDATION

Staff recommends that the City Council adopt the attached Resolution accepting the Project as complete and authorizing the City Engineer to file a Notice of Completion.

BACKGROUND

On June 17, 2024, the City Council adopted Resolution No. 24-14499, approving the allocation of $1,250,000 of ARPA Funds to the Project, providing sufficient funding for Romtec’s proposal. On September 16, 2024, the City Council adopted Resolution No. 24- 14533, approving the 5-year Capital Improvement Program for Fiscal Years 2024/25 through 2028/29, which includes this Project.

On October 21, 2024, the City Council adopted Resolution No. 24-14550, accepting the plans and specifications, and awarding a construction contract to Romtec in the amount of $1,200,955.74. During construction, there was a total of two contract change orders which resulted in the deduction of $202,919.24; thereby reducing the total contract amount to $998,036.50.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

The Project successfully demolished and replaced the outdated 8-pack restroom building at City Park, significantly enhancing the park's overall accessibility and convenience for its frequent visitors. These upgrades addressed key issues including vandalism, misuse, and inadequate lighting, while improving restroom accommodation for guests utilizing the park’s diverse amenities.

ATTACHMENTS: Resolution
CIP Project Sheet

Report Prepared by: Tina Tan, Assistant Engineer

Resolution No. 25- Page 1 of 2 August 18, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Accepting Project 1754 - City Park )
Restroom Facility as Complete ) RESOLUTION NO. 25- And Authorizing the City Engineer to )
File a Notice of Completion )

WHEREAS, Project 1754 – City Park Restroom Facility (Project) replaced the existing main restroom at City Park with a new 8-pack Romtec restroom facility; and

WHEREAS, Romtec Inc was solicited for restroom installation through Sourcewell Contract No. 081721-RMT, which provides competitive bidding equivalent to or better than the requirements in the City’s Purchasing Policy; and

WHEREAS, on June 17, 2024, the City Council adopted Resolution No. 24-14499, approving the allocation of $1,250,000 of ARPA Funds to the Project; and

WHEREAS, on September 16, 2024, the City Council adopted Resolution No. 24- 14533, approving the 5-year Capital Improvement Program for Fiscal Years 2024/25 through 2028/29, which includes this Project; and

WHEREAS, on October 21, 2024, the City Council adopted Resolution No. 24-14550, accepting the plans and specifications, and awarding a construction contract to Romtec in the amount of $1,200,955.74; and

WHEREAS, during construction, there was a total of two contract change orders which resulted in the deduction of $202,919.24; thereby reducing the total contract amount to $998,036.50; and

WHEREAS, the total expenditures for the Project, including design ($24,263), construction ($998,037), and staff time ($33,000) charges are $1,055,300.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the Project as complete and authorizes the City Engineer to file a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.

Resolution No. 25- Page 2 of 2 August 18, 2025

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18rd day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program

Project Title: Project #:

City Park Restroom Facility 1754

Description/Justification:

This project will replace the existing restroom at City Park with a new restroom facility. The current restroom facility at City Park is outdated and could benefit from upgrading. City staff will evaluate different restroom manufactures to analyze which restroom facility includes features to best address some of the current issues being experi enced at this park such as vandalism, misuse, lighting, etc.

Supplemental Information:

None

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 1 1 01 Staff Time 10,000$ 6,500$ 16,500$ 21 22 Design 5,850$ 16,208$ 2,205$ 24,263$ 2281 Construction 306,941$ 691,096$ 998,037$
2372 Administrative Overhead 10,000$ 6,500$ 16,500$ TOTAL 5,850$ 343,149$ 706,301$ 1,055,300$ PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 298 ARPA 1,250,000$ 1,250,000$
Unfunded
TOTAL 1,250,000$ 1,250,000$

PROJECT FINANCING CURRENT PROPOSED
Project Category: Park
Location: City Park
Project Manager: M. Mena
Project Priority: 1A – Essential
Project Status: Construction
Est. Completion Date: 2025/26

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 3022 – Riverview Park Fishing Pier Repairs

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 3022 – Riverview Park Fishing Pier Repairs (Project) is for the construction and repair of the fire damaged fishing pier at Riverview Park. Adoption of this resolution will accept the Project plans and specifications and award a construction contract to Pridex Construction Group Inc. for an amount of $72,000.

FISCAL IMPACT

The Project is approved for reimbursement by the City’s risk pool, Municipal Pooling Authority (MPA). A $25,000 self-insured retention has been paid by the City’s Waterfront Fund (Fund 540). Additional funding for construction is anticipated to be provided by the MPA Reimbursement Program after completion of the Project.

The anticipated total expenditure for this project is $280,000, which includes design, construction award, contingency, construction support services, and other miscellaneous costs. No additional funds are being requested.

The updated CIP Project Sheet is attached to this Staff Report.

RECOMMENDATION

City Council adopt the attached Resolution accepting the plans and specifications, and authorizing the City Manager to execute a contract with Pridex Construction Group Inc. for a total amount not to exceed $72,000 for construction of the Project.

Staff also recommends that the City Council allocate a construction contingency in the amount of $10,800 for any unanticipated costs and contract change orders.

Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project in a total amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved Project budget.

BACKGROUND

In August 2022, Riverview Park fishing pier experienced a fire that damaged the last 10 feet of the timber pier, charring the guardrail, the decking, and part of its timber piles. The City engaged MPA, a Joint Powers Authority established in 1978, for the purpose of providing liability insurance to municipal agencies in Northern California, and received confirmation of reimbursement for the Project, less a $25,000 self-insured retention.

On April 3, 2023, the City Council adopted Resolution No. 23-14265, authorizing the City Manager to execute a Consulting Services Agreement for design and permit acquisition related to the project with the Anchor QEA, LLC and subsequent amendments were authorized by the City resulting in a contract amount not to exceed $158,500.

On June 2, 2025, staff advertised the Project for construction bids, and Pridex Construction Group Inc. was the lowest responsive, responsible bidder with a base bid in the amount of $72,000.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

The Project will rebuild the community fishing pier at Riverview Park, which was damaged by a fire in August 2022. Restoring the pier to pre-fire conditions will facilitate access and enhance public enjoyment of the Pittsburg waterfront.

Sealed bids for this project were opened on July 16, 2025. Six bids were received, ranging from $72,000 to $140,000 as compared with the Engineer’s Estimate of $93,000. The low bid submitted by Pridex Construction Group Inc. in the amount of $72,000 has been checked for arithmetical errors, completeness, and conformance with the bid requirements.

ATTACHMENTS: Resolution
CIP Project Sheet

Report Prepared By: SM Saklaen, Senior Civil Engineer

City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program

Project Title: Project #:

Riverview Park Fishing Pier 3022

Description/Justification:

In 2022 the public fishing pier at Riverview Park experienced fire damage. This project is to conduct in kind repairs, including permitting, design and construction.

Supplemental Information:

The City engaged its Municipal Pooling Authority (MPA), a Joint Powers Authority established in 1978 for the purpose of providing liability insurance to municipal agencies in Northern California and is conducting all work via contractor in order to recuperate as close to 100% of the project cost as possible. The City’s Waterfront fund already paid the $25,000 project deductible.

The Other funding is from MPA Reimbursement. MPA has provided a $150,000 check for costs and will provide additional reimbursement upon selection of a contractor and project completion.

Project Category: Marina
Location: Riverview Park
Project Manager: S. Saklaen
Project Priority: 1C-Essential
Project Status: Bid & Construction
Est. Completion Date: 2025/26

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Accepting the Plans and Specifications )
And Awarding Project 3022 ) RESOLUTION NO. 25-
Riverview Park Fishing Pier Repairs )

WHEREAS, Project 3022 – Riverview Park Fishing Pier Repairs (Project) is for the construction and repair of the fishing pier at Riverview Park pier that experienced fire damage in August 2022; and

WHEREAS, the City engaged its Municipal Pooling Authority (MPA), a Joint Powers Authority established in 1978, for the purpose of providing liability insurance to municipal agencies in Northern California, and received confirmation of reimbursement for the Project, less a $25,000 self-insured retention; and

WHEREAS, on April 3, 2023, the City Council adopted Resolution No. 23-14265 authorizing the City Manager to execute a Consulting Services Agreement for design and permit acquisition related to the Project with Anchor QEA, LLC, and subsequent amendments were authorized by the City resulting in a contract amount not to exceed $158,500; and

WHEREAS, on June 2, 2025, staff advertised the Project for construction bids; and

WHEREAS, on July 16, 2025, six construction bids were received, and Pridex Construction Group Inc. was the lowest responsive, responsible bidder with a base bid in the amount of $72,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the plans and specifications, awards a construction contract to Pridex Construction Group Inc., authorizes a contingency in the amount of $10,800, authorizes the City Engineer to approve contract change orders in an amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved Project budget.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Jelani Killings, Mayor

ATTEST:
_______________________________
Alice E. Evenson, City Clerk

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Amending the Master Pay Schedule as Required by California Public Employees’ Retirement System

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

To comply with the California Public Employees’ Retirement System’s (CalPERS) interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5, the City will amend the single master pay schedule on the City’s website representing all previously approved actions on the individual classifications of the pay schedule. The single master pay schedule will be submitted to the City Council for approval each time any single MOU or compensation plan is brought to the City Council for approval.

FISCAL IMPACT

The amendment to the pay schedules as a single master pay schedule has no fiscal impact as adjustments were made with annual budget changes.

RECOMMENDATION

The City Council adopt the resolution to amend the City of Pittsburg’s master pay schedule for employee classifications so the City remains in compliance with the requirements of the California Code of Regulations, Title 2, Section 570.5 and CalPERS relating to publicly available pay schedules for the purposes of determining the amount of “compensation earnable” pursuant to Government Code Sections 20630, 20636, and 20636.1.

BACKGROUND

CalPERS, pursuant to its interpretation of California Code of Regulations, Title 2, Section 570.5, recommends all CalPERS employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:

• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meeting laws;
• Identifies the title for every employee position;
• Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
• Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

SUBCOMMITTEE FINDINGS

This item was not reviewed by a subcommittee.

STAFF ANALYSIS

The updates to the master pay schedule effective July 6, 2025 reflect salary adjustments approved by the City Council on June 16, 2025, July 7, 2025, and July 21, 2025 for classifications represented by Management/Professional/Confidential (MPC) and Miscellaneous A Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME) Union Local 512, International Brotherhood of Electrical Workers Union, Local 1245 (IBEW), Teamsters Union Local 856 (Teamsters), Police Officers’ Association (POA), Management Group, and Senior Executive Team.

Based on the adopted agreement with the Police Officer Association, effective July 6, 2025, the first three salary steps of the Police Officer salary range have been eliminated, condensing the salary range from nine steps to six steps. In order to ensure that the unrepresented position of Police Trainee is compensated according to market rate, staff recommend increasing the rate of pay to $38.00 per hour from $34.20 per hour. The recommended rate is the median of the Police Trainee hourly pay rate based on the City’s market comparable agencies and will support the City’s efforts in recruiting Police Trainees.

The adoption of the resolution will comply with CalPERS’ interpretation of the requirements of Code of Regulations section 570.5.

ATTACHMENTS: Exhibit A – Salary Schedule
Resolution

Report Prepared By: Griselda Clift, Senior Human Resources Analyst

Resolution No. 25- Page 1 of 2 August 18, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Amending the Master Pay Schedule )
To Include Previously Approved ) RESOLUTION NO. 25-
Positions and Compensation )

WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations section 570.5, and meeting all of the following requirements thereof:

• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meeting laws;
• Identifies the title for every employee position;
• Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
• Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate; and

WHEREAS, the City proposes to amend the master pay schedule to include previously approved compensation levels for the Management/ Professional /Confidential (MPC) and Miscellaneous A Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME) Union Local 512, International Brotherhood of Electrical Workers Union Local 1245 (IBEW), Teamsters Union Local 856 (Teamsters), Police Officers’ Association (POA) bargaining groups including the Management Group, and Senior Executive Team, and all compensation plans of the City of Pittsburg; and

WHEREAS, in order to ensure that the unrepresented position of Police Trainee is compensated according to market rate, the pay rate is increased to $38.00 per hour.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the amendments to the master pay schedule and authorizes the City Manager to take the necessary actions in order to comply with this Resolution.

Resolution No. 25- Page 2 of 2 August 18, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_________________________
Jelani Killings, Mayor

ATTEST:

_________________________
Alice E. Evenson, City Clerk

City of Pittsburg DRAFT MONTHLY SALARY SCHEDULE EXHIBIT A CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Account Clerk 170 7/6/2025 5,051 5,304 5,569 5,847 6,140 6,290 MISC A Accountant I 355 7/6/2025 6,874 7,217 7,578 7,957 8,355 8,505 MPC Accountant II 500 7/6/2025 7,694 8,079 8,483 8,907 9,353 9,503 MPC Accounting Supervisor 747 7/6/2025 8,764 9,202 9,662 10,145 10,652 10,802 MPC Accounting Technician 220 7/6/2025 5,897 6,192 6,502 6,827 7,168 7,318 MISC A Administrative Analyst I 390 7/6/2025 7,508 7,884 8,278 8,692 9,127 9,277 MPC Administrative Analyst II 702 7/6/2025 8,693 9,128 9,584 10,063 10,566 10,716 MPC Administrative Assistant 160 7/6/2025 5,089 5,344 5,611 5,891 6,186 6,336 MISC A/MPC Administrative Coordinator 350 7/6/2025 6,676 7,010 7,360 7,728 8,115 8,265 MPC Administrative Specialist 290 7/6/2025 6,305 6,620 6,951 7,299 7,663 7,813 MPC Assistant City Clerk 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 MPC Assistant City Manager 950 7/6/2025 18,327 19,243 20,205 21,216 22,276 22,276 Sr. Exec Team Assistant Director of Community & Economic Development 889 7/6/2025 14,156 14,864 15,607 16,387 17,207 17,207 Mgmt Group Assistant Director of Finance 887 7/6/2025 12,667 13,301 13,966 14,664 15,397 15,397 Mgmt Group Assistant Director of Public Works - Operations 896 7/6/2025 13,294 13,958 14,656 15,389 16,159 16,309 MPC Assistant Director, Public Works - Engineering 889 7/6/2025 14,156 14,864 15,607 16,388 17,207 17,207 Mgmt Group Assistant Director, Public Works - Utilities 889 7/6/2025 14,156 14,864 15,607 16,388 17,207 17,207 Mgmt Group Assistant Engineer 510 7/6/2025 7,902 8,297 8,712 9,147 9,604 10,235 MPC Assistant Planner 450 7/6/2025 7,356 7,723 8,109 8,515 8,941 9,538 MPC Assistant to the City Manager 835 7/6/2025 12,168 12,776 13,415 14,086 14,790 14,790 Mgmt Group Associate Engineer 780 7/6/2025 9,149 9,607 10,087 10,591 11,121 11,827 MPC Associate Planner 740 7/6/2025 8,515 8,941 9,388 9,857 10,350 11,017 MPC Building Inspector 520 7/6/2025 7,720 8,106 8,512 8,937 9,384 9,534 MISC A Chief Building Official 895 7/6/2025 13,255 13,918 14,613 15,344 16,111 16,261 MPC Chief of Police 955 7/6/2025 19,301 20,266 21,280 22,344 23,461 28,153 Sr. Exec Team City Attorney 943 9/1/2024 22,986 22,986 Contract
City Manager 960 2/3/2025 25,483 25,483 Contract
Code Enforcement Officer I 258 7/6/2025 6,138 6,445 6,767 7,106 7,461 7,611 MISC A Code Enforcement Officer II 415 7/6/2025 7,105 7,460 7,833 8,225 8,636 8,786 MISC A Code Enforcement Supervisor 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 MPC Community Outreach Coordinator 315 7/6/2025 6,512 6,838 7,179 7,538 7,915 8,065 MISC A Community Relations Manager 703 7/6/2025 9,215 9,676 10,160 10,668 11,201 11,351 MPC Community Services Specialist 258 7/6/2025 6,138 6,445 6,767 7,106 7,461 7,611 MISC A 1 of 5
FY 2025/2026
City Council Approved: 8/18/2025

City of Pittsburg DRAFT MONTHLY SALARY SCHEDULE EXHIBIT A CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Construction Inspector I 360 7/6/2025 6,869 7,212 7,573 7,952 8,349 8,917 MISC A Construction Inspector II 520 7/6/2025 7,720 8,106 8,512 8,937 9,384 10,003 MISC A Crime Analyst 700 7/6/2025 7,986 8,386 8,805 9,245 9,707 9,857 MPC Customer Service Representative 170 7/6/2025 5,051 5,304 5,569 5,847 6,140 6,290 MISC A Deputy Chief Information Systems Officer 887 7/6/2025 12,667 13,301 13,966 14,664 15,397 15,397 Mgmt Group Deputy Director, Information Technology Operations 887 7/6/2025 12,667 13,301 13,966 14,664 15,397 15,397 Mgmt Group Deputy General Manager, Pittsburg Power Company 887 7/6/2025 12,667 13,300 13,965 14,664 15,397 15,397 Mgmt Group Development Services Coordinator 532 7/6/2025 7,884 8,278 8,692 9,126 9,583 9,733 MISC A Development Services Supervisor 881 7/6/2025 10,958 11,506 12,082 12,686 13,320 13,470 MPC Director of City Clerk Services 8351 7/6/2025 12,168 12,776 13,415 14,086 14,790 14,790 Sr. Exec Team Director of Community & Economic Development 9403 7/6/2025 15,742 16,529 17,355 18,223 19,134 19,134 Sr. Exec Team Director of Community Services 9402 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Sr. Exec Team Director of Finance 9401 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Sr. Exec Team Director of Human Resources 9400 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Sr. Exec Team Director of Public Works/City Engineer 945 7/6/2025 16,181 16,990 17,840 18,732 19,668 19,668 Sr. Exec Team Director of Recreation 9400 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Sr. Exec Team Economic Development Manager 867 7/6/2025 11,764 12,352 12,970 13,619 14,300 14,450 MPC Electrical Technician 420 7/6/2025 7,118 7,474 7,848 8,240 8,652 9,518 Teamsters Electrical Technician Apprentice 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,601 Teamsters Engineering Technician I 310 7/6/2025 6,445 6,767 7,106 7,461 7,834 7,984 MISC A Engineering Technician II 460 7/6/2025 7,464 7,837 8,229 8,641 9,073 9,223 MISC A Environmental Health & Safety Officer 832 7/6/2025 10,646 11,179 11,738 12,325 12,941 13,091 MPC Equipment Mechanic 270 7/6/2025 6,288 6,602 6,932 7,279 7,643 8,407 Teamsters Equipment Shop Supervisor 531 7/6/2025 8,142 8,549 8,976 9,425 9,896 10,046 MPC Executive Assistant 400 7/6/2025 7,125 7,481 7,855 8,248 8,660 8,660 Mgmt Group Executive Assistant to the Chief of Police 330 7/6/2025 6,620 6,951 7,298 7,663 8,046 8,196 MPC Finance Division Manager 855 7/6/2025 10,638 11,170 11,729 12,315 12,931 13,081 MPC Financial Analyst 580 7/6/2025 8,811 9,251 9,714 10,199 10,709 10,859 MPC Geographical Information Systems (GIS) Administrator 815 7/6/2025 10,208 10,719 11,255 11,817 12,408 12,558 MPC Harbormaster 830 7/6/2025 9,781 10,270 10,784 11,323 11,889 12,039 MPC Housing Manager 855 7/6/2025 10,638 11,170 11,729 12,315 12,931 13,081 MPC Housing Program Analyst I 390 7/6/2025 7,508 7,884 8,278 8,692 9,127 9,277 MPC Housing Program Analyst II 702 7/6/2025 8,693 9,128 9,584 10,063 10,566 10,716 MPC Housing Specialist 210 7/6/2025 5,800 6,090 6,394 6,714 7,050 7,200 MISC A 2 of 5
FY 2025/2026
City Council Approved: 8/18/2025

City of Pittsburg DRAFT MONTHLY SALARY SCHEDULE EXHIBIT A CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Human Resources Analyst 701 7/6/2025 8,636 9,067 9,521 9,997 10,497 10,647 MPC Human Resources Specialist 330 7/6/2025 6,620 6,951 7,298 7,663 8,046 8,196 MPC Information Technology Analyst I 420a 7/6/2025 7,118 7,474 7,848 8,240 8,652 8,802 MPC Information Technology Analyst II 720 7/6/2025 8,331 8,748 9,185 9,644 10,127 10,277 MPC Information Technology Manager 866 7/6/2025 11,707 12,292 12,907 13,552 14,230 14,380 MPC Laboratory Supervisor 810 7/6/2025 10,367 10,885 11,429 12,001 12,601 13,459 MPC Lead Customer Service Representative 185 7/6/2025 5,556 5,834 6,126 6,432 6,754 6,904 MISC A Lead Electrical Technician 705 7/6/2025 8,240 8,652 9,084 9,539 10,016 11,017 Teamsters Lead Marina Services Worker 320 7/6/2025 6,581 6,910 7,255 7,618 7,999 8,479 Teamsters Lead Police Records Technician 255 7/6/2025 6,185 6,495 6,819 7,160 7,518 7,668 MISC A Lead Public Works Superintendent 885 7/6/2025 12,651 13,284 13,948 14,645 15,378 15,528 MPC Maintenance Assistant 095 7/6/2025 3,992 4,192 4,401 4,622 4,853 5,144 Teamsters Maintenance Lead Worker 320 7/6/2025 6,581 6,910 7,255 7,618 7,999 8,799 Teamsters Maintenance Worker I 140 7/6/2025 4,911 5,156 5,414 5,685 5,969 6,387 Teamsters Maintenance Worker II 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,601 Teamsters Office Assistant 095a 7/6/2025 3,992 4,192 4,401 4,622 4,853 5,003 MISC A Paralegal 400 7/6/2025 7,125 7,481 7,855 8,248 8,660 8,660 Mgmt Group Payroll Coordinator 350 7/6/2025 6,676 7,010 7,360 7,728 8,115 8,265 MPC Permit Center Supervisor 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 MPC Permit Technician 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 MISC A Pest Control Specialist 470 7/6/2025 7,392 7,761 8,149 8,557 8,985 9,524 Teamsters Planning Technician 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 MISC A Police Captain 650 7/7/2024 15,665 16,448 17,271 18,134 19,041 19,993 23,392 PMG Police Forensic Technician I 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 MISC A Police Forensic Technician II 425 7/6/2025 7,202 7,562 7,940 8,337 8,754 8,904 MISC A Police Lieutenant 640 7/7/2024 13,656 14,339 15,056 15,809 16,599 17,429 20,392 PMG Police Officer 600 7/6/2025 9,100 9,555 10,033 10,535 11,062 11,615 14,925 POA Police Records Supervisor 540 7/6/2025 8,265 8,679 9,112 9,568 10,047 10,197 MPC Police Records Technician 180 7/6/2025 5,343 5,610 5,890 6,185 6,494 6,644 MISC A Police Sergeant 625 7/6/2025 11,166 11,725 12,311 12,926 13,573 14,251 16,573 POA Police Services Administrator 831 7/6/2025 10,361 10,879 11,423 11,994 12,594 12,744 MPC Police System Coordinator 814 7/6/2025 9,064 9,517 9,993 10,492 11,017 11,718 MPC Power Company Manager 920 7/6/2025 13,562 14,240 14,952 15,700 16,485 16,485 Mgmt Group 3 of 5
FY 2025/2026
City Council Approved: 8/18/2025

City of Pittsburg DRAFT MONTHLY SALARY SCHEDULE EXHIBIT A CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Principal Planner 864 7/6/2025 10,844 11,386 11,955 12,553 13,181 13,990 MPC Property and Evidence Supervisor 540 7/6/2025 8,265 8,679 9,112 9,568 10,047 10,197 MPC Property and Evidence Technician 250 7/6/2025 5,610 5,890 6,185 6,494 6,819 6,969 MISC A Public Works Superintendent 880 7/6/2025 10,928 11,474 12,048 12,650 13,283 13,433 MPC Public Works Supervisor 530 7/6/2025 7,832 8,223 8,634 9,066 9,520 10,145 MPC Recreation Coordinator 230 7/6/2025 5,986 6,285 6,600 6,930 7,276 7,426 MISC A Recreation Supervisor 550 7/6/2025 7,818 8,209 8,619 9,050 9,503 9,653 MPC Revenue Operations Supervisor 745 7/6/2025 8,570 8,999 9,449 9,921 10,417 10,567 MPC Senior Accounting Technician 313 7/6/2025 6,487 6,812 7,152 7,510 7,885 8,035 MPC Senior Administrative Analyst 825 7/6/2025 10,063 10,566 11,094 11,649 12,232 12,382 MPC Senior Building Inspector 760 7/6/2025 8,677 9,111 9,566 10,045 10,547 10,697 MPC Senior Civil Engineer 865 7/6/2025 11,208 11,769 12,357 12,975 13,624 13,774 MPC Senior Construction Inspector 760 7/6/2025 8,677 9,111 9,566 10,045 10,547 11,224 MPC Senior Financial Analyst 790 7/6/2025 10,200 10,710 11,246 11,808 12,399 12,549 MPC Senior Housing Program Analyst 825 7/6/2025 10,063 10,566 11,094 11,649 12,232 12,382 MPC Senior Human Resources Analyst 821 7/6/2025 9,996 10,496 11,020 11,571 12,150 12,300 MPC Senior Information Technology Analyst 815 7/6/2025 10,208 10,719 11,255 11,817 12,408 12,558 MPC Senior Payroll Coordinator 385 7/6/2025 7,343 7,711 8,096 8,501 8,926 9,076 MPC Senior Permit Technician 359 7/6/2025 6,843 7,185 7,544 7,922 8,318 8,468 MPC Senior Planner 840 7/6/2025 9,858 10,351 10,869 11,412 11,983 12,732 MPC Sweeper Operator 140 7/6/2025 4,911 5,156 5,414 5,685 5,969 6,327 Teamsters Traffic Engineer 881 7/6/2025 10,958 11,506 12,082 12,686 13,320 13,470 MPC Utility Lead Technician 870 7/6/2025 12,399 13,019 13,670 14,354 15,072 16,127 IBEW Utility Lineworker 742 7/6/2025 8,870 9,314 9,779 10,268 10,782 15,825 IBEW Utility Maintenance Worker 312 7/6/2025 6,758 7,096 7,451 7,823 8,214 8,625 IBEW Utility Supervisor 811 7/6/2025 12,361 12,979 13,628 14,310 15,025 15,175 MPC Utility Technician 863 7/6/2025 11,272 11,836 12,428 13,049 13,702 14,387 IBEW Water Instrument/Maintenance Technician I 480 7/6/2025 8,337 8,753 9,191 9,651 10,133 10,640 Teamsters Water Instrument/Maintenance Technician II 750 7/6/2025 9,650 10,132 10,639 11,171 11,730 12,316 Teamsters Water Maintenance Mechanic I 480 7/6/2025 8,337 8,753 9,191 9,651 10,133 10,640 Teamsters Water Maintenance Mechanic II 750 7/6/2025 9,650 10,132 10,639 11,171 11,730 12,316 Teamsters Water Plant Apprentice Operator 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,255 Teamsters Water Plant Operator 560 7/6/2025 8,681 9,099 9,539 10,001 10,486 11,849 Teamsters 4 of 5
FY 2025/2026
City Council Approved: 8/18/2025

City of Pittsburg DRAFT MONTHLY SALARY SCHEDULE EXHIBIT A CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Water Quality Analyst I 380 7/6/2025 7,338 7,705 8,091 8,495 8,920 9,826 Teamsters Water Quality Analyst II 710 7/6/2025 8,835 9,277 9,741 10,228 10,739 11,736 Teamsters Water Treatment Plant Superintendent 883 7/6/2025 12,049 12,652 13,284 13,949 14,646 15,196 MPC Water Treatment Plant Supervisor 810 7/6/2025 10,367 10,885 11,429 12,001 12,601 14,091 MPC SEASONAL/ HOURLY/ EXTRA HELP CLASSIFICATIONS CODE EFFECTIVE Mininum Maximum Hourly UNIT Administrative Support Associate 0500 12/22/2024 16.50 50.00 50.00 Unrepresented Executive Consultant 910 3/16/2015 30.00 100.00 100.00 Unrepresented Intern - High School 0550 12/22/2024 16.50 16.50 16.50 Unrepresented Intern - College 0510 12/22/2024 16.50 19.00 19.00 Unrepresented Maintenance Aide 0530 12/22/2024 16.92 23.46 23.46 Unrepresented Police Trainee 6009 8/18/2025 38.00 38.00 38.00 Unrepresented Professional Consultant 0540 12/24/2023 20.00 90.00 90.00 Unrepresented Recreation Leader I 0550 12/22/2024 16.50 16.50 16.50 Unrepresented Recreation Leader II 0560 12/22/2024 16.50 21.50 21.50 Unrepresented Recreation Leader III 0570 7/9/2023 16.50 24.50 24.50 Unrepresented Technical Consultant 0520 12/24/2023 20.00 80.00 80.00 Unrepresented ELECTED OFFICIAL CLASSIFICATIONS CODE EFFECTIVE Monthly UNIT City Clerk 8349 470 Elected Official
City Council 8177 500 Elected Official
City Council -- member of a different governing board
if serving on Tri Delta Transit $100 per meeting visit www.TriDeltaTransit.com if serving on Delta Diablo Sanitation District $209 per meeting visit ddsd.org City Treasurer 8349 470 Elected Official
5 of 5
FY 2025/2026
City Council Approved: 8/18/2025

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with the City of Concord for Project 2044 - Bailey Road Pavement Repair

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Project 2044 - Bailey Road Pavement Repair (Project) is for the construction and repair of a portion of pavement on Bailey Road under the City’s jurisdiction. The City of Concord has proposed adding roadway treatment (base repair) on the City owned portion of Bailey Road to its pavement maintenance project. Adoption of this resolution will authorize the City Manager to execute an agreement with the City of Concord for the Project.

FISCAL IMPACT

The total approved Project budget is $258,305, funded with $233,000 from the General Fund and $25,305 from Measure M. The cost for the City of Concord to complete the City’s portion of the pavement repair is anticipated not to exceed at $135,000.

The CIP Project Sheet is attached to this Staff Report.

RECOMMENDATION

City Council adopt the attached Resolution authorizing the City Manager to execute an agreement with the City of Concord for completion of the Project. Staff also recommends the City Manager be authorized to approve amendments for an amount not to exceed the approved Project budget.

BACKGROUND

A section of Bailey Road is within the City’s jurisdiction and continues into Concord’s jurisdiction. The City’s portion of the roadway extends approximately 1.07 miles north of Concord’s City limit. An exhibit showing the Bailey Road maintenance area is attached to this Staff Report.

City staff coordinated with the City of Concord to prepare a joint pavement repair project on Bailey Road. The City of Concord has offered to add a roadway treatment (base repair) on the Pittsburg-owned portion of Bailey Road to its pavement maintenance project, scheduled to be completed by Winter 2025.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

Combining repair and maintenance efforts with the City of Concord’s pavement project is cost effective and reduces the inconvenience to motorists while improvements are occurring on Bailey Road. The reimbursable costs to the City of Concord, which includes labor, materials, and equipment for the City owned portion, will not exceed $135,000. Additional elements of the Project are identified in the CIP Project Sheet.

ATTACHMENTS: Resolution
CIP Project Sheet
Bailey Road Maintenance Area
Agreement With the City of Concord

Report Prepared By: SM Saklaen, Senior Civil Engineer

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing an Agreement With )
The City of Concord for Project 2044 )
Bailey Road Pavement Repair ) RESOLUTION NO. 25-

WHEREAS, Project 2044 - Bailey Road Pavement Repair (Project) is for construction of pavement repair on the Pittsburg-owned portion of Bailey Road; and

WHEREAS, City staff coordinated with the City of Concord to prepare a joint pavement repair project on Bailey Road; and

WHEREAS, the City of Concord has proposed adding roadway treatment (base repair) on the Pittsburg-owned segment of Bailey Road to its pavement maintenance project; and

WHEREAS, the reimbursable costs to the City of Concord, which includes labor, materials, and equipment for the Pittsburg-owned portion will not exceed $135,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute an agreement with the City of Concord for completion of the Project in the amount of $135,000 and authorizes the City Manager to approve amendments for an amount not to exceed the approved Project budget.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Jelani Killings, Mayor

ATTEST:

_______________________________
Alice E. Evenson, City Clerk

City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program

Project Title: Project #:

Bailey Road Pavement Repair 2044

Description/Justification:

Bailey Road is a major arterial maintained by the City of Pittsburg, Contra Costa County, and the City of Concord. The section of Bailey Road under City’s jurisdiction needs pavement repairs. The Project will perform cost effective maintenance treatment on Bailey Road including but not limited to base repairs , shoulder backing work, restriping, and signages.

Supplemental Information:

The City of Concord has offered to add a roadway treatment (base repair) on the C ity owned portion of Bailey Road to its pavement maintenance project. The City will pursue a cost sharing agreement with the City of Concord to perform pavement maintenance on Bailey Road in the City limits. Unspent funds from Project No. 2608 – Kirker Pass Road Surface Treatment will be used to complete the work.

Project Category: Roadway Infrastructure
Location: Bailey Road
Project Manager: S. Reese
Project Priority: 1E - Essential
Project Status: New
Est. Completion Date: 2025/26

1 AGREEMENT FOR ROADWAY TREATMENT OF BAILEY ROAD

This AGREEMENT is entered into on the ____day of ________, 2025, between the City of Concord, a municipal corporation of the State of California, hereinafter called “Concord” and the City of Pittsburg, a municipal corporation of the State of California, hereinafter “Pittsburg.”

RECITALS

A. A portion of Bailey Road is located in Pittsburg’s jurisdiction and continues into Concord’s jurisdiction. Pittsburg’s portion of the roadway extends approximately 1.07 miles north of Concord’s City limit.

B. Pittsburg desires that Concord apply a roadway treatment on Pittsburg’s portion of Bailey Road via Concord’s Street Maintenance Project No. 1 (Project 2736) and to pay Concord therefor.

AGREEMENT

1. Roadway Treatment Work to be Performed. For the portion of Bailey Road that is located in Pittsburg’s jurisdiction, Concord shall apply 4” AC digouts, shoulder backing, and striping at Pittsburg’s discretion. Pittsburg shall make the determinations on the repair locations. Concord staff shall be providing traffic control, via a full road closure, for this work.

2. Modification for Additional Work. Should Pittsburg determine that work beyond the scope of work set forth in Section 1 of this agreement is required, Pittsburg shall request in writing such modifications. If additional work is requested that City determines is within the scope of Work under the City’s construction contract for Concord’s Street Maintenance Project No. 1 (Project 2736), Pittsburg and Concord shall execute an amendment to this Agreement and will discuss the appropriate payment for the additional work.

3. Payments.
a. Pittsburg will reimburse Concord one hundred percent (100%) of Concord’s costs of performing the roadway treatment work pursuant to this Agreement, which include Concord administrative costs, labor costs, material costs, and equipment costs from an accounting of actual charges for work on Bailey Road (“Costs”). Administrative costs for Concord include staff time to administer the project, consultant costs for construction management, and staff time to perform traffic control. Pittsburg will not reimburse Concord for costs in excess of $135,000, subject to amendments executed pursuant to Section 2, above.

b. Billing. At the completion of the roadway treatment work, Concord shall bill Pittsburg one hundred percent (100%) for costs incurred performing the roadway surface work set forth in Section 1 of this Agreement. Concord’s billings shall list all roadway treatment work performed and the costs therefor. Pittsburg shall pay Concord within sixty (60) days after receipt of the billing from Concord.

4. Pittsburg shall allow Concord staff access to the Pittsburg portion of the Project site, at all

2 reasonable times and upon advance notice, to perform observation and construction inspection of any Project improvements within Pittsburg. Pittsburg shall provide Concord with an approved encroachment permit once Concord submits the permit request to Pittsburg.

5. Legal Relations and Responsibilities. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties who are not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care respecting the maintenance of state highways different from the standard of care imposed by law.

6. Indemnification. Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Agreement, including the payment of all reasonable attorneys’ fees.

Concord shall require any contractor performing work pursuant to this Agreement to name as additional insured the City of Pittsburg, its City Council, officers, employees, and agents.

7. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

PITTSBURG: CONCORD:

City of Pittsburg City of Concord
65 Civic Drive 1950 Parkside Drive, MS/08
Pittsburg, CA 94565 Concord, CA 94519
Attn: John Samuelson, City Engineer Attn: Carlton Thompson, City Engineer

Such notice shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8. Effective Date; Termination. This Agreement is effective as of the date first set forth above. This Agreement may be terminated at anytime for no or any reason by either party upon giving the other party sixty (60) days prior written notice, provided, that Pittsburg will pay Concord for all costs incurred in performing the roadway treatment work through the date of termination.

9. Modification. This Cooperative Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

10. Accountability. Concord shall maintain and make available to Pittsburg complete records of its receipts and disbursement under this Agreement.

11. Governing Law and Venue. This Agreement shall be construed and enforced in

3 accordance with the laws of the State of California. Venue shall lie in the Contra Costa County.

[SIGNATURES ON FOLLOWING PAGE]

4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first herein above written.

CITY OF CONCORD CITY OF PITTSBURG

By: By:

Valerie J Barone, City Manager Garrett Evans, City Manager

ATTEST: ATTEST:

By:

Joelle Fockler, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

City Attorney City Attorney

City of Concord Finance Director’s Certification

Date: ________________________

Account Code 4079500C999-74200/4072736115-74200

Amount: $135,000 .

I hereby certify that adequate funds exist or will be received during the current fiscal year 2025/26 to pay the anticipated expenses to be incurred pursuant to this contract.

Finance Director

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing Reimbursement to Developer for Infrastructure Costs Incurred in Community Facilities District (CFD) 2009-01 San Marco

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Community Facilities District (CFD) 2009-01 was established to help fund public improvements in the San Marco subdivision. There are sufficient funds to allocate a reimbursement to the Developer for eligible expenses and the City for administrative expenses. This resolution will supersede Resolution No. 25-14654 and correct the total reimbursements due.

FISCAL IMPACT

Fund 720 CFD 2009-01 San Marco has an available balance of $1,953,210. The balance of eligible expenditures due to Developer total $1,650,573 and administrative expenses to the City total $24,759. After these reimbursements, Fund 720 will have a balance of $278,288.

RECOMMENDATION

Adopt the attached Resolution authorizing a reimbursement of $1,650,573 to SEECON Financial & Construction Co, Inc. for public improvements in San Marco Units 7 and 8, and $24,349 to the City for administrative expenses.

BACKGROUND

On December 21, 2009, City Council adopted Resolution No. 09-11366, forming CFD 2009- 01 for the purpose of financing certain authorized public capital facilities (Facilities) pursuant to the Mello Roos Act. On April 5, 2010, City Council adopted Resolution No. 10-11405, approving a Deposit and Reimbursement Agreement (Agreement) with the San Marco property owner and developers: West Coast Home Builders, Inc., SEECON Financial & Construction Co., Inc, and San Marco Properties, LLC. (collectively, the “Developer”).

One Developer, SEECON Financial & Construction, Co., Inc. (SEECON) submitted a request for reimbursement for public improvements constructed within San Marco Units 7 and 8 for $2,587,592 and $4,108,207, respectively, totaling $6,695,799. Staff reviewed and the City Engineer approved the request determining that the improvements had been constructed in accordance with City standards.

On January 17, 2023, City Council adopted Resolution No. 23-14228 authorizing a reimbursement in the amount of $1,500,000. On October 21, 2024, City Council adopted Resolution No. 24-14551 authorizing a reimbursement in the amount of $1,795,226. On February 18, 2025, City Council adopted Resolution No. 25-14607 authorizing a reimbursement in the amount of $1,750,000, leaving a balance due to the Developer of $1,650,573. On July 21, 2025, City Council adopted Resolution No. 25-14654, which incorrectly calculated the balance due in the authorized reimbursement.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

The Facilities authorized to be acquired and constructed in and for CFD 2009-01 include various public infrastructure improvements such as street improvements, street lighting, public landscaping, traffic signals, sound walls, joint utility mains, storm drains, water facilities, sewer facilities.

In accordance with State law, these public improvements may be funded by the special tax levied on both residential and non-residential property within CFD 2009-01 boundaries, including any territory annexed thereto. The special tax may fund the Facilities directly and may also pay debt service on bonds issued to finance the Facilities as well as costs incurred to form CFD 2009-01.

Reimbursement City Fee
Beginning Amount 6,695,799 100,437
23-14228 (1,500,000) (22,500)
5,195,799 77,937
Reimbursement City Fee
5,195,799 77,937
24-14551 (1,795,226) (27,338)
3,400,573 50,599
Reimbursement City Fee
3,400,573 50,599
25-14607 (1,750,000) (26,250)
1,650,573 24,349
Reimbursement City Fee
1,650,573 24,349
25-XXXXX (1,650,573) (24,349)
- -
Proposed

Adoption of this resolution supersedes Resolution No. 25-14654, correcting the balance due to SEECON for eligible expenditures in San Marco Units 7, authorizes reimbursement for the total balance, and authorizes reimbursement of 1.5% of the amount disbursed to SEECON ($24,349) to the City for administrative expenditures.

ATTACHMENTS: Resolution
Attachment A San Marco Unit 7 Eligible Expenses
Attachment B San Marco Unit 8 Eligible Expenses

Report Prepared By: Sharon Paz, Administrative Analyst, II

Resolution No. 25- Page 1 of 2 August 18, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing Reimbursement to Developer )
For Infrastructure Costs Incurred in ) RESOLUTION 25- Community Facilities District 2009-01 )
San Marco )

WHEREAS, on December 21, 2009, City Council adopted Resolution No. 09-11366, establishing Community Facilities District 2009-01 San Marco (CFD 2009-01); and

WHEREAS, on April 5, 2010, City Council adopted Resolution No. 10-11405, approving a Deposit and Reimbursement Agreement (Agreement) with the San Marco property owner and developers: West Coast Home Builders, Inc., SEECON Financial & Construction Co., Inc., and San Marco Properties, LLC. (collectively, the “Developer”) that requires the City to reimburse the Developer for public improvements constructed in the San Marco development from tax proceeds collected from CFD 2009-01; and

WHEREAS, SEECON Financial & Construction Co., Inc. (SEECON) submitted invoices for reimbursement totaling $6,695,799 in eligible expenses for the construction of public improvements in San Marco Units 7 and 8; and

WHEREAS, on January 17, 2023, City Council adopted Resolution No. 23-14228 authorizing a reimbursement in the amount of $1,500,000; and

WHEREAS, on October 21, 2024, City Council adopted Resolution No. 24-14551 authorizing a reimbursement in the amount of $1,795,226; and

WHEREAS, on February 18, 2025, City Council adopted Resolution No. 25-14607 authorizing a reimbursement in the amount of $1,750,000, leaving a balance due to the Developer of $1,650,573; and

WHEREAS, Resolution No. 25-14654, stated an incorrect balance in the authorized reimbursement; and

WHEREAS, Fund 720 CFD 2009-01 has an available balance of $1,953,210, which is sufficient to reimburse the Developer the balance due of $1,650,573, reimburse the City

1.5% for administrative expenses totaling $24,349, and leave a fund balance of $278,288.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes reimbursements of $1,650,573 to SEECON Financial & Construction Co., Inc. for public improvement expenses, and $24,349 to the City for administrative expenses from Fund 720 CFD 2009-01.

BE IT FURTHER RESOLVED, that this Resolution hereby supersedes Resolution No. 25-14654.

Resolution No. 25- Page 2 of 2 August 18, 2025

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Jelani Killings, Mayor
ATTEST:

______________________________
Alice E. Evenson, City Clerk

Attachment A Approval for San Marco 7

Attachment B Approval for San Marco 8

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Chair and Governing Board Members

FROM: Garrett Evans, Executive Director

SUBJECT: Adoption of a Pittsburg Power Company Resolution Approving the Conduit Nonexclusive Lease and License Agreement between Pittsburg Power Company and Smart Fiber Networks

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

The Pittsburg Power Company (PPC), a joint powers authority, provides retail electricity and natural gas services on Mare Island, Vallejo. PPC intends to enter into a Conduit Nonexclusive Lease and License Agreement (Agreement) with Smart Fiber Networks (SFN), allowing the use of PPC’s underground conduit capacity and manhole space for the purpose of installing fiber optic communication cable and other related equipment (System) to provide broadband service on Mare Island.

FISCAL IMPACT

SFN will pay PPC the greater of One Dollar ($1.00) per linear foot (Rate) of conduit utilized or seventeen thousand dollars ($17,000) per year on September 1 of each year beginning 2025. On September 1, 2026, and each September 1 thereafter, the Rate shall increase 2.5% per year.

RECOMMENDATION

Staff recommends the Governing Board of the PPC adopt the attached Resolution, approving the Agreement between PPC and SFN.

BACKGROUND

In November 2024, the City of Vallejo secured a $3.85 million grant from the California Public Utilities Commission (CPUC) to support four major projects aimed at expanding broadband infrastructure. The Mare Island broadband infrastructure build-out is a critical part of the City of Vallejo’s fiber optics initiative, branded as VIP Fiber, to enhance broadband infrastructure and improve internet connectivity to support new businesses and attract growth.

SFN approached PPC with the intent to install and maintain high-capacity fiber optic communication cables and related equipment in PPC’s underground conduit facility. SFN is fully bonded, insured and is the City of Vallejo’s Public Private Partnership (“P3”) contractor.

SUBCOMMITTEE FINDINGS

This item has not been presented to the PPC Subcommittee.

STAFF ANALYSIS

PPC’s underground electrical duct bank and conduit facilities on Mare Island generally have spare conduit capacity. Further, the fiber optic cable is of minimal diameter, and can be readily pulled through the spare conduit without disrupting other existing electrical facilities.

Leasing spare conduit provides the opportunity for additional revenue to PPC, and greatly enhanced communications infrastructure to PPC electric customers. It supports the City of Vallejo in its Mare Island business retention and development efforts, which in turn supports PPC by driving energy demand. PPC also expects to realize significant future benefit through fiber optic interconnection with and control of its substation and other electrical facilities as the electric distribution system is modernized.

ATTACHMENTS: Resolution
Conduit Nonexclusive Lease and License Agreement between Pittsburg Power Company and Smart Fiber Networks

Report Prepared By: Vanessa Xie, General Manager of PPC

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY

OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Executive Director to Execute )
The Conduit Nonexclusive Lease Agreement ) RESOLUTION NO. 25- Between the Pittsburg Power Company )
And Smart Fiber Networks )

WHEREAS, the Pittsburg Power Company (PPC) intends to enter into a Conduit Nonexclusive Lease and License Agreement (Agreement) with Smart Fiber Networks (SFN) for the purpose of maintaining fiber optic communication cable and other related equipment (System) to provide broadband service on Mare Island, Vallejo; and

WHEREAS, the Agreement allows SFN, City of Vallejo’s Public Private Partnership contractor, to install high-capacity fiber optic communication cable within PPC’s conduit facilities to enhance broadband infrastructure and improve internet connection on Mare Island; and

WHEREAS, the Agreement provides a financial benefit and enhanced broadband connection to PPC’s electrical system while supporting the expansion of fiber optic capability on Mare Island.

NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the Pittsburg Power Company authorizes the Executive Director to execute the Agreement with SFN.

PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company of the City of Pittsburg at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

___________________________
Jelani Killings, Chair

ATTEST:

________________________________
Garrett Evans, Executive Secretary

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 1

CONDUIT NONEXCLUSIVE LEASE AND LICENSE AGREEMENT

BETWEEN

PITTSBURG POWER COMPANY AND SMART FIBER NETWORKS

This Conduit Lease and License Agreement (Lease Agreement) is made and entered into as of the _______ day of ________, 2025 (Effective Date), by and between the Pittsburg Power Company , a public joint powers agency (PPC) and Smart Fiber Networks , a California limited liability corporation (Lessee) (hereafter referred to together as the “Parties”).

RECITALS

WHEREAS, PPC owns the electric and natural gas distribution underground conduit located on Mare Island, Vallejo, California, and;

WHEREAS, Lessee proposes a nonexclusive lease from PPC of conduit capacity and space in manholes, for the purpose of maintaining fiber optic communication cable and other related equipment to provide service on Mare Island, Vallejo, and seeks a license to install the cable and equipment, and;

WHEREAS, Lessee has begun installing cable and equipment and has done so in approximately 11,500 linear feet of PPC conduit and manholes; and

WHEREAS, Lessee intends to install a minimum of 17,000 feet, plus further installation as Lessee acquires customers.

NOW THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

ARTICLE 1. NONEXCLUSIVE LEASE OF FACILITIES

1.1 PPC, for and in consideration of the rents and covenants herein specified to be paid and pe rformed by Lessee, hereby leases to Lessee, and Lessee hereby leases from PPC, the conduit and space in ma nholes described in Exhibit A attached hereto (Leased Facilities), on an "as is”, "where is” basis without warranty for the Term and upon and subject to the terms and conditions and for the purposes herein set forth. Lessee shall only use the Leased Facilities for the operation of fiber optic communication cable and related equipment (System).

Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 2

ARTICLE 2. CONSTRUCTION OF SYSTEM

2.1 Construction: Lessee, at its own cost and expense, shall be responsible for the installation of fiber optic cable and related equipment i.e., splice points, equipment attachment comprising the System. Lessee shall perform all construction in compliance with the requirements of all applicable laws including electric safety requirements.

2.2 Construction-Related Permits and Approvals : Lessee, at Lesse e’s own cost and expense, shall be responsib le for securing all necessary approvals from government authorities having jurisdiction or approval rights with respect to the installation, operation, repair and maintenance of the System.

2.3 System materials: Lessee, at its own cost and expense, shall provide all system materials necessary to install, operate, repair and maintain the System. All System materials shall comply with standard industry engineering practices and applicable law

2.4 Disclaimer: Neither PPC nor its officers, employees or agents make any representation or warranty whats oever concerning the merchantability, quality, comparability, suitability of the Leased Facilities for Lessee’s purposes.

ARTICLE 3. LEASE RATE OF PAYMENT

3.1 Facilities Lease Rate: Lessee shall pay PPC the greater of One Dollar ($1) per linear foot installed or Seventeen Thousand Dollars ($17,000) per year on September 1 of each year beginning 2025. The conduit route for the first 17,000 feet is depicted in Exhibit A.

3.2 Escalator. On September 1, 2026, and each September 1 thereafter, the rate shall increase by 2.5% per year.

3.3 Late Fee: If any payment due from Lessee to PPC under the terms of this Lease Agreement is not received thirty (30) calendar days after the due date, Lessee shall pay an additional 10% interest.

ARTICLE 4. TERMS AND CONDITIONS

4.1 Term. The term of this Lease (Term) shall commence on the Ef fective Date and shall expire five (5) years following the Effective Date.

4.2 Term Extension. Provided that Lessee is not in default under this Lease Agreement, and the Lessee has the necessary governmental permits, licenses, easements, franchises and approvals that may lawfully be required by federal, Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 3 state or local law, statute, regulation or ordinance, PPC and Lessee shall negotiate in good faith to extend the term of this Lease Agreement on mutually agreeable terms and conditions. Lessee must provide a written notice to PPC requesting a term extension at least ninety (90) days prior to the expiration date of this Lease Agreement.

4.3 Holding Over. If Lessee continues to utilize any portion of Leased Facilities or any other PPC property after expiration or early termination of this Lease Agreement, such use of holding over will constitute and constructed to be a month -to month use at a monthly fee equal to two (2) times of the average monthly rate derived from the annual payment calculation pursuant to Article 3 herein. Lessee shall be liable to PPC or any loss, damage or liability of PPC resulting from Lessee's failure to vacate upon the expiration or earlier termination of this Lease. No holding over by Lessee after the Term shall operate to extend the Term.

4.4 Quit and Surrender. If the Parties do not extend this Lease A greement with mutually agreeable terms and conditions, upon the expiration or termination of this Lease, Lessee shall indemnify, defend, protect and hold PPC, its governing board and employees harmless from all claims, losses, costs, expenses, damages and liabilities, including attorneys' fees arising from Lessee's failure to surrender, including, without limitation, any claim made by any succeeding tenant founded on or resulting from such failure.

Within ninety (90) days of the failure to extend the Lease Agreement, PPC shall provide Lessee with written notice of PPC’s election to do one of the following , which Lessee shall promptly comply with:

(a) Have Lessee remove, at Lessee’s sole cost and expense the System, and restore PPC property to the condition existing prior to the installation.

(b) Have PPC remove, at Lessee’s sole cost and expense , and dispose of the System.

(c) Transfer ownership of the System to PPC.

ARTICLE 5. LICENSE OF PPC FACILITIES

5.1 Facilities. PPC hereby grants to Lessee a non -exclusive license, subject to the limitations and other provisions of this Lease Agreement, to manholes and handholds that are necessary to access PPC conduit and to install the System.

Lessee shall notify PPC at least three (3) days in advance if it seeks to access to a manhole or handhole.

5.2 PPC has the right to be on -site at any time during the Term of this Lease Agreement for any reason.

Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 4

5.3 Safety. Lessee shall comply with all legal requirements for confined space work.

PPC shall have the right to stop any work in its sole discretion if it deems the performance of the work to be unsafe. Notwithstanding the foregoing, PPC shall not have control over, oversee, nor be responsible for construction means, methods, techniques, sequences, or procedures, or the safety precautions and programs in connection with Lessee’s work, since these are solely Lessee’s responsibility. Lessee shall indemnify PPC with respect to such access as further provided in Article 8. Lessee assumes all risk for entry into any manhole, including but not limited to the risk of subsidence or collapse. In no event shall Lessee enter or attempt to enter manholes listed by PPC by separate document.

5.4 PPC may specify additional reasonable and necessary entry conditions, including but not limited to, prohibiting entry to certain facilities prior to approval from PPC or during specified office hours.

5.5 Warranty of Work: Lessee shall warrant its work in accordance with industry standards and practices and the terms of this Lease Agreement. To the extent the work is performed by a contractor to Lessee , Lessee shall enforce the provisions of the contractor warranty following completion of the work. Any work that is found to have not been completed in compliance with industry standards shall be remedied at the sole expense of the Lessee promptly and in no event later than 60 calendar days.

ARTICLE 6. PERMITS; UNDERLYING RIGHTS; RELOCATION

6.1 Governmental Approvals, Permits and Consents.

(a) Lessee, at its sole cost and expense, shall obtain and maintain any and all necessary governmental permits, licenses, easements, franchises and approvals that may lawfully be required by federal, state or local law, statute, regulation or ordinance, and shall continuously comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to (1) its use of the Leased Facilities; and (2) Lessee's other rights and obligations under this Lease Agreement.

(b) If Lessee at any time fails to obtain and maintain such approvals or comply with all applicable legal requirements described in 6.1(a), PPC may terminate this Lease Agreement under Article 13, without liability and without restriction on any other legal, equitable, or administrative remedy available to PPC.

6.2 Relocation. PPC may require relocation of all or any portion of the System or any of the facilities used for operation of the System : (1) if a third party with legal authority to do so orders or threatens to order such relocation (e.g., through filing or threatening to file a condemnation suit); (2) in order to comply with applicable law; (3) to prevent or abate interference with or interruption of the PPC operations, Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 5 or an unreasonable risk thereof, due to the existence of physical conditions; or (4) if PPC determines to do so in its reasonable business judgment. PPC shall use reasonable efforts to provide at least sixty (60) calendar days prior notice to Lessee of any such relocation. The costs associated with relocation of the fiber optic cable and related equipment shall be borne solely by Lessee.

ARTICLE 7. USE OF LEASED FACILITIES, MAINTENANCE

7.1 Interference. Lessee shall not use the Leased Facilities in a way that interferes in any way with or adversely affects, including but not limited to PPC-owned facilities or infrastructure, PPC staff, consultants and representatives, or PPC operations.

7.2 Maintenance. Lessee shall bear all costs associated with its use of the Lessee's equipment, including without limitation the cost of installation, operation, maintenance and repairs , or relocation of the Lessees' equipment. Such installation, operation, maintenance and repairs shall be performed in a good and workmanlike manner,, in accordance with all applicable laws and regulations of any federal, state or local government, or any agency or instrumentality thereof, having competent jurisdiction over the System, including any applicable General Order of the California Public Utilities Commission Lessee shall permanently identify, by tags or other suitable means, all of its cables and other equipment that are placed in the Lease d Facilities . Each party agrees to take all necessary precautions to avoid damaging the other party's facilities and to protect such facilities in the same manner as such a party protects its own facilities. In the event that repair, replacement or maintenance of any of the Leased Facilities is due to Lessee, Lessee shall bear the cost of repair, replacement or maintenance.

7.3 No Sub-Lease. The Lessee may not sublease or transfer its interest in the Leased Conduit, nor sublicense or transfer its interest in the Leased Facilities.

7.4 No Liens. Lessee shall at all times keep PPC property free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted. In the event PPC property becomes subject to a lien, claim, demand for work or materials performed or any encumbrance of title, Lessee shall immediately take such necessary efforts to clear the encumbrance of title.

7.5 Right of Inspection. PPC shall have the right to inspect the Leased Facilities, and the System during the Term at any time and for any reason.

ARTICLE 8. INDEMNITY.

To the fullest extent permitted by law, Lessee shall defend, indemnify and hold PPC , its member agencies , its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 6 misconduct of Lessee, its officials, officers, employees, agents, contractors and subcontractors arising out of or in connection with this Lease Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Lessee shall defend, at Lessee's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against PPC or its member agencies, its directors, officials, employees, agents or volunteers. Lessee shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.

Lessee shall reimburse PPC, its member agencies, and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provi ded. Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by PPC or its member agencies or its directors, officials, officers, employees, agents or volunteers

ARTICLE 9. INSURANCE

9.1 Lessee shall obtain and maintain in force, at its own expense, and shall require each of its contractors and subcontractors to obtain and maintain in force:

(a) Commercial General Liability Insurance, with a minimum combined single limit of Five Million Dollars ($5,000,000) per occurrence, combined single limit, written on an occurrence form.

(b) Workers' compensation insurance with statutory limits, to cover obligations imposed by appliable federal and state statutes and employer's liability insurance with limits of not less than $1,000,000 per accident.

(c) Comprehensive Auto Liability coverage, including owned, non -owned and hired autos in an amount of not less than Three Million Dollars ($3,000,000) per occurrence, combined single limit, written on an occurrence form.; and

(d) Any other insurance coverage specifically required or adjustment to the above coverage as set forth above in the event the PPC's staff determines that such adjustment is in the PPC's best interest.

(e) Promptly upon execution of this Agreement , Lessee shall furnish PPC with a certificate of insurance as evidence attesting that the insurance required under this Article 9. PPC shall be listed as an additional insured on all commercial general liability and commercial automobile insurance policies relevant to the project and maintained by the Lessee and the Lessee's contractors and subcontractors.

Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 7

9.2 Unless otherwise agreed, Lessee's insurance policies shall be obtained and maintained with companies rated "A" or better by Best's Key Rating Guide and each party shall provide the other with an insurance certificate confirming compliance with this requirement for each policy providing such required coverage.

9.3 If Lessee fails to obtain the required insurance or fails to obtain the required certificates from any contractors PPC may, but shall not be obligated to, obtain such insurance and will have the right to be reimbursed for the cost of such insurance by the Lessee.

9.4 If coverage is denied or reimbursement of a properly presented claim is disputed by the carrier for the insurance provided above, the Lessee shall make good faith efforts to pursue such claim with its carrier.

ARTICLE 10. NOTICES

10.1 All notices and other communications required or permitted under this Lease Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service or overnight mail) addressed as follows:

To Lessee at:

Smart Fiber Networks
77 Van Ness Ave., Ste 101
San Francisco, CA 94102
Attn: Stephen Stukas, CEO

To PPC at:

Pittsburg Power Company
65 Civic Ave.

Pittsburg, CA 94565
Attn: Executive Director

With Copy To: Island Energy
995 Walnut Ave.

Vallejo, CA 94592
Attn: General Manger

Any such notice or other communication shall be deemed to be e ffective when received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent.

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CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 8 ARTICLE 11. DEFAULT

11.1 Defined. A default shall be deemed to have occurred under this Lease Agreement if:

(a) In the case of a failure to pay any amount when due and payable under this Lease Agreement, the Lessee fails to pay such an amount within sixty (60) days of when due; or

(b) In the case of any other material breach of this Lease Agreement, a party fails to cure such within sixty (60) days after notice specifying such breach, provided that if the breach is of a nature that it cannot be cured within ninety (90) days, a default shall not have occurred so long as the breaching party has commenced to cure within said time period and thereafter diligently pursues such cure to completion.

11.2 Remedies. Upon the failure of a pay to comply with Section 11.1 (a) or to timely cure any breach a fter notice thereof from the other party and expiration of the above cure periods as defined in Section 10.1 (b), then the non -defaulting party may pursue all remedies provided or in this Lease Agreement and/or any remedies it may have under applicable law or principles of equity relating to such breach.

11.3 PPC Remedies. In addition to the remedies set forth in Section 11.2, if Lessee fails to pay in full any portion of the payment for the construction of the Leased Conduit, or if Lessee fails to cure any other default of the terms of this Leas e Agreement within the cure periods described in Section 11.1 above, PPC may, in addition to any other remedies that it may have under this Lease Agreement or by law, in its sole discretion, take the following actions upon ninety (90) calendar days' notice if such payment (together with applicable interest) or cure of said default consistent with provision 11.1 (b) is not made within such 90-day period:

(a) Disconnect the system, at Lessee’s expense; and/or
(b) Terminate this Lease Agreement.

If this Lease is terminated pursuant to this A rticle, all rights of Lessee to use the Leased Facilities, or any part thereof, shall cease, and the Lessee shall surrender to PPC possession of the Leased Facilities. Lessee shall remove the System within 30 days of termination. If Lessee fails to remove the System within 30 days of termination, then notwithstanding Article 12, the System will be deemed abandoned and PPC in its sole discretion may take ownership of the System, sell the System, or at Lessee’s cost remove and dispose of the System.

11.4 No Waiver. A waiver by either party at any time of any of its rights as to anything herein contained shall not be deemed to be a waiver of any breach of covenant or other matter subsequently occurring.

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11.5 Interest. If Lessee fails to make any payment under this Lease Agreement when due, such amounts shall accrue interest, from the date such payment is due until paid, including accrued interest, at an annual rate of eighteen percent (18%) compounded monthly or, if lower, the highest percentage allowed by law.

ARTICLE 12. ABANDONMENT

12.1 Should Lessee, for any reason, abandon all or part of the System then the below provisions shall apply. "Abandon" shall be defined as failure to use the Leased Facilities for more than one year or at such time that notice of abandonment is provided by Lessee.

(a) Upon abandonment, Lessee shall have no further rights with respect to the abandoned facilities. At such time, PPC shall have the authority to remove, sell, operate, or take ownership of the abandoned facilities.

ARTICLE 13. TERMINATION

13.1 Termination. If Lessee is not in default of this Lease Agreement as defined within Article 9, and has not abandoned the System as defined in Article 12, and if at the expiration of the Term as defined within Article 4 of this Lease Agreement or any mutually agreed upon extensions to the Term, Lessee shall have the election to do either of the following:

Lessee shall remove the System. In lieu of removal, and only with approval of PPC, Lessee shall relinquish all rights and titles to the System.

ARTICLE 14. TRANSFERS AND ASSIGNMENTS

Lessee may not transfer or assign all or any part of its interest in this Lease Agreement or in the System, in whole or in part, or delegate any duties, burdens, or obligations arising hereunder, without the prior written consent of PPC Executive Director, which consent may not be unreasonably withheld. A transfer or assignment in violation of this Article shall be void and shall constitute a material breach of this Lease Agreement.

ARTICLE 15. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS

15.1 Each party represents and warrants that:

(a) It has the full right and authority to enter into, execute, deliver and pe rform its obligations under this Lease Agreement; and

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CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 10 (b) This Lease Agreement constitutes a legal, valid and binding obligation enforceable against such a party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles.

15.2 PPC makes no warranty, express or implied with respect to the Leased Facilities, including any warranty of merchantability or fitness for a particular purpose, and all such warranties are hereby expressly disclaimed.

ARTICLE 16. FORCE MAJEURE

Neither party shall be liable to the other party and each party's performance under this Lease Agreement shall be excused, if and to the extent that any failure or delay in such party's performance of one or more of its obligations hereunder caused by any of the following conditions, and such party's performance of such obligation or obligations shall be excused and extended or and during the period of any such delay: act of God; fire, flood; war or civil disorder; strikes or other labor disputes; or any other cause beyond the reasonable control of such party ("Force Majeure Event"). The party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said Force Majeure Event, and the pa rty claiming relief shall exercise reasonable commercial efforts to minimize the time of any such delay; PROVIDED HOWEVER THAT, the provisions of this paragraph shall not operate so as to excuse or release Lessee from the prompt payment of the ARC or other amounts due and payable under this Lease Agreement. PROVIDED FURTHER THAT, if the System and/or the Leased Facilities are destroyed, or rendered unusable, by a Force Majeure Event, PPC may terminate this Lease Agreement, without liability to Lessee, as of the date of such Force Majeure Event.

ARTICLE 17. GENERAL

17.1 Binding Effect. The failure of either party hereto to enforce any of the provisions of this Lease Agreement, or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect.

17.2 Taxes. PPC hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Lessee acknowledges that this Lease Agreement may create a possessory interest, and Lessee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107. Lessee shall be responsible for and shall pay all Impositions:

(a) Imposed on, based on, or otherwise measured by the gross receipts, gross income, net receipts or net income received by or accrued to Lessee with respect to the ownership or use of the Leased Conduit; or

(b) Which have been separately assessed, allocated to, or imposed on the Leased Conduit; or
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(c) Which are imposed, based on, or otherwise measured with respect to construction services performed by PPC for Lessee. "Impositions" means all taxes, fees, levies, imposts, duties, charges or withholdings of any nature (including, without limitation, possessory interest taxes, franchise, license and permit fees), together with any penalties, fines or interest thereon arising out of the transactions contemplated by this Lease Agreement that are imposed upon the PPC System by any federal, state or local government or other public taxing authority; but shall not include taxes, fees or similar levies based on income.

17.3 Governing Law. This Lease Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of law principles and any action brought relating to this Lease Agreement shall be held exclusively in a state court in the County of Contra Costa, California.

17.4 Rules of Construction. The captions or headings in this Lease Agreement are strictly for convenience and shall not be considered in interpreting thi s Lease Agreement or as ampli fying or limiting any of its content. Words in this Lease Agreement which import the singular connotation shall be interpreted as plural, and words which import the plural connotation shall be interpreted as singular, as the identity of the Parties or objects referred to may require.

(a) Unless expressly defined herein, words having well known technical or trade meanings shall be so construed.

(b) Except as set forth to the contrary herein, any right or remedy of Lessee or PPC shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not.

(c) Nothing in this Lease Agreement is intended to provide any legal rights to anyone not an executing party of this Lease Agreement.

(d) This Lease Agreement has been fully negotiated between and jointly drafted by the Parties.

(e) All actions, activities, consents, approvals and other undertakings of the Parties in this Lease Agreement shall be carried out in a reasonable and timely manner, it being expressly acknowledged and understood that time is of the essence in the performance of obligations required to be performed by a date expressly specified herein. Except as specifically set forth herein, or the purpose of this Lease Agreement the standards and practices of performance within the telecommunications industry in the relevant market shall be the measure of a party's performance.

17.5 Entire Lease Agreement. This Lease Agreement constitutes the entire and final Lease A greement and understanding between the Parties with respect to the Docusign Envelope ID: 25245EF2-D887-49BB-9375-BB83147D8B1C

CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 12 subject matter hereof and supersedes all prior Lease Agreements relating to the subject matter hereof, which are of no further force or e ffect. This Lease Agreement may only be modified or supplemented by an instrument in writing executed by each party.

17.6 Relationship of the Parties. The relationship between Lessee and PPC shall not be that of partners, agents, or joint ventures or one another, and nothing contained in this Lease Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to, federal income tax purposes. Lessee and PPC, in performing any of their obligations hereunder, shall be independent contractors or independent Parties and shall discharge their contractual obligations at their own risk subje ct, however, to the terms and conditions hereof.

17.7 Severability. If any term, covenant or condition contained herein is, to any extent, held invalid or unenforceable in any respect under the laws governing this Lease Agreement, the remainder of this Lease Agreement shall not be affected thereby, and each term, covenant or condition of this Lease Agreement shall be fully valid and enforceable permitted by law.

IN WITNESS, WHEREOF, the Parties have executed this Lease Agreement as of the Effective Date, the day and year first above written.

LESSEE;

SMART FIBER NETWORKS
77 Van Ness Ave., Ste 101
San Francisco, CA 94102

By: ____________________________

Name: Stephen Stukas ________

Title: CEO, Smart Fiber Networks _

PPC:

PITTSBURG POWER COMPANY

65 Civic Avenue.

Pittsburg, CA 94565

By: ________________________

Name: Garrett Evans
Title: Executive Director

Attest:

____________________________
Garrett Evans, PPC Secretary

Approved As To Form

____________________________
Donna Mooney, Counsel

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CONDUIT LEASE AGREEMENT – Between Pittsburg Power Company and Smart Fiber Networks Page 13 Exhibit A
Current Installed Fiber System

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Chair and Governing Board Members

FROM: Garrett Evans, Executive Director

SUBJECT: Adoption of a Southwest Geological Hazard Abatement District II (GHAD II) Resolution Authorizing Execution of an Agreement with Sadek Derrega Consulting Engineer to Provide Geotechnical Oversight of the Montreux Subdivision

MEETING DATE: August 18, 2025

EXECUTIVE SUMMARY

Montreux Subdivision is a recent development that will be in the Geological Hazard Abatement District II (GHAD II). Due to the site’s complex geologic and soil conditions, the City requires specialized geotechnical oversight to ensure public safety and long-term structural integrity. If adopted, this resolution will authorize the execution of an agreement with Sadek Derrega Consulting Engineers (Consultant) for the geological oversight of this subdivision.

FISCAL IMPACT

There are sufficient funds in GHAD II’s Fiscal Year 2025/26 budget to accommodate the total of the agreement, which is not to exceed $85,120. No additional funds are requested.

RECOMMENDATION

Staff recommend the Governing Board of the GHAD II adopt the attached Resolution to execute an agreement with the Consultant to provide geotechnical oversight of the Montreux Subdivision.

BACKGROUND

A Development Agreement between the City of Pittsburg and Altec Homes, Inc. was executed on December 15, 2015, for the Montreux Subdivision. The Montreux Subdivision is a residential development project currently in the initial construction phase. Due to the site’s complex geological conditions, including variable soils and hillside topography, the City requires specialized geotechnical oversight to ensure public safety and long-term structural integrity. Sadek Derrega Consulting Engineer was selected based on relevant experience, cost-effectiveness, and a familiarity with the area’s soil conditions and topography.

SUBCOMMITTEE FINDINGS

This item was not reviewed by a subcommittee

STAFF ANALYSIS

The Consultant has extensive experience providing similar services for public development projects, specifically in GHAD II. Its involvement in peer oversight of the Montreux Subdivision will assist in mitigating potential long-term infrastructure risks. Scope of services include independent review of geotechnical reports and soil studies, site visits to observe grading operation, preparation of daily field reports and a final summary letter report at the conclusion of the mass grading.

ATTACHMENTS: GHAD II Resolution
Exhibit “A” Consulting Service Agreement

Report Prepared By: April Chamberlain. Administrative Analyst II

BEFORE THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT

DISTRICT II OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing Execution of an Agreement with )
Sadek Derrega Consulting Engineers to Provide) RESOLUTION NO. 25- Geotechnical Oversight of Montreux Subdivision)

WHEREAS, Montreux Subdivision, a residential project located in the Geological Hazard Abatement District II (GHAD II), includes complex geologic and soil conditions that require specialized geotechnical oversight; and

WHEREAS, geotechnical oversight is essential to ensure safe and responsible construction with long term structural integrity, protect community infrastructure, and ensure public safety; and

WHEREAS, Sadek Derrega Consulting Engineers has demonstrated expertise in geotechnical analysis, field inspections, and construction monitoring in GHAD areas and is well-qualified to provide such services to the City; and

WHEREAS, there are sufficient funds in GHAD II’s Fiscal Year 2025/26 budget to accommodate the total of the agreement which is not to exceed $85,120; and

WHEREAS, staff recommend the execution of an agreement with Sadek Derrega Consulting Engineers to perform the scope of work specified.

NOW, THEREFORE, BE IT RESOLVED, the Governing Board of the Southwest Pittsburg GHAD II hereby authorize the execution of an agreement with Sadek Derrega Consulting Engineers to provide geotechnical oversight of Montreux Subdivision in an amount not to exceed $85,120.

PASSED AND ADOPTED by the Governing Board of the Southwest Pittsburg GHAD II at a regular meeting on the 18th day of August 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Jelani Killings, Chair
ATTEST:

______________________________
Alice E. Evenson, Agency Secretary

Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

CONSULTING SERVICES AGREEMENT BETWEEN

THE SOUTHWEST PITTSBURG GHAD DISTRICT II AND

SADEK DERREGA CONSULTUING ENGINEERING

THIS Agreement (“Agreement”) for consulting services is made by and between the Southwest Pittsburg Geologic Hazard Abatement District II (“GHAD”) and Sadek Derrega Consulting Engineering Geologist, (“Consultant”) (together referred to as the “Parties”) as of August 18, 2025 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to GHAD the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on August 18, 2026 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that GHAD, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving GHAD’s request, reassign such persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. GHAD hereby agrees to pay Consultant a sum not to exceed Eighty-five thousand, one hundred and twenty dollars ($85,120), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the GHAD will pay that full amount to the Consultant but is merely a limit of potential GHAD expenditures under this Agreement.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

Consultant and GHAD acknowledge and agree that compensation paid by GHAD to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. GHAD therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall contain the following information, unless waived by the GHAD Manager, or his or her designee:

 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At GHAD’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature.

2.2 Monthly Payment. GHAD shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. GHAD shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, GHAD.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section

2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, GHAD.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the GHAD Manager, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the GHAD upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached, limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.

b. GHAD, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in
connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant.

Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.

c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the GHAD, its officers,
officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the GHAD, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

e. Consultant agrees to give at least 30 days prior written notice to GHAD before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.

d. A copy of the claim reporting requirements must be
submitted to the GHAD for review prior to the
commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to GHAD prior to beginning services:

a. Certificate of Liability Insurance in the amounts specified in this Agreement; and

b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the GHAD has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the GHAD for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that GHAD, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, GHAD shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies GHAD may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, GHAD may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to GHAD, and hold harmless GHAD and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of GHAD.

Acceptance by GHAD of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be determined to apply.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement 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 GHAD, Consultant shall indemnify, defend, and hold harmless GHAD 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 GHAD.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of GHAD.

6.2 Consultant Not an Agent. Except as GHAD may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of GHAD in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind GHAD to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to GHAD that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, GHAD may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; GHAD, however, may condition payment of such compensation upon Consultant delivering to GHAD any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the GHAD in connection with this Agreement.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. GHAD and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to GHAD for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Executive Director, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Executive Director, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between GHAD and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, GHAD’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that GHAD would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The GHAD’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of GHAD’s rights.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the GHAD.

Consultant hereby agrees to deliver those documents to the GHAD upon termination of the Agreement, and the GHAD may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the GHAD and are not necessarily suitable for any future or other use. GHAD and Consultant agree that, until final approval by GHAD, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of GHAD.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the GHAD under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the GHAD. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be Docusign Envelope ID: 08695EEC-B037-4259-BF59-FBE855B0F9FB

Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of GHAD or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any GHAD official in the work performed pursuant to this Agreement. No officer or employee of GHAD shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Consultant : Sadek Derrega Consulting Engineers 3285 Autum Chase Circle
Stockton, CA 95219
ATTN: Sadek Derrega
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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

Southwest Pittsburg GHAD District II: Southwest Pittsburg GHAD District II 65 Civic Avenue
Pittsburg, CA 94565
ATTN: Executive Director

10.9 Professional Seal. Where applicable in the determination of the Executive Director, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between GHAD and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

To the extent there are any inconsistencies between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistencies between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

The Parties have executed this Agreement as of the Effective Date.

Southwest Pittsburg GHAD District II Sadek Derrega Consulting Engineering

____________________________ ______________________________ Garrett Evans, Executive Director Sadek Derrega, PG, CEG Engineering Geologist

Approved as to Form:

____________________________
Donna Mooney, GHAD II District Attorney

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

EXHIBIT A

SCOPE OF SERVICES

Consultant shall provide peer review services during the construction phase (grading operations) as follows: observe, document, and verify that the project remedial grading recommendations have been implemented in the field as intended by the Geotechnical Engineer-of-Record (EOR). Special emphasis shall be placed on the complete removal of and repair of landslide debris, where deemed needed, and the stability of high cut and fill slopes.

Task 1 – Consultation, coordination, project management and billing and meeting attendance.

Task 2 – Consultant certified engineering geologist shall visit the site to observe the grading operations and document the remedial grading activities, assess stability of temporary cut and permanent slopes especially where landslide repairs are planned and steel lattice power towers are present. Consultant shall include observing base keyways, landslide repairs, temporary backcut slopes, subdrain construction, soft sediment and old fill over-excavation, manufactured cut and fill slopes, rebuilding of cut slopes with adverse bedding or if comprised of weak bedrock, basin slope construction and engineered fill moisture conditioning, placement and compaction. Intermittent visits will be made to the site by Consultant licensed geotechnical engineer during grading to observe the fill placement and compaction.

Task 3 – Preparation of Daily Field Reports (DFRs) and a final summary letter report at the conclusion of the mass grading after reviewing the as-built report and maps by ENGEO.

Consultant professional opinions will be based on geologic and seismic studies and reviewed project documents in addition to the field observations and experience. No site exploration or laboratory testing will be performed as part of the services.

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

EXHIBIT B

COMPENSATION SCHEDULE

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Consulting Services Agreement between [August 18, 2025] Southwest Pittsburg GHAD District II and Sadek Derrega Consulting Engineering

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Sadek Derrega Consulting Engineering

By:

Title:

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