Pittsburg City Council
November 17, 2025

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

EXHIBIT A

SCOPE OF SERVICES

Consultant will provide the services set forth herein for the Delta De Anza Multimodal Trail Safety Improvements Project
(“Project”), including the services for Phase 1
(Package A) and Phase 2 (Package B) of the Project. The Project is located at Delta De Anza Trail Corridor within the City limits and Bay Point and involves making safer trail crossings and improving access.

Phase 1 – Package A

In Phase 1, Consultant will provide the services required for Package A. Package A involves development of 15% plans and estimates (conceptual designs) and an extensive outreach effort for the Pittsburg and Bay Point extents of the Project trail corridor.

The scope for Package A involves conducting public outreach at 22 crossings within the Pittsburg and Bay Point limits to gauge the desired trail improvements. Improvements to be considered include, but are not limited to:

Raised crosswalks, bulb-outs, rapid rectangular flashing beacons, high-visibility crosswalks, safety intersection lighting, wayfinding signage, green bike lanes, upgrades to the trail’s existing pavement/resurfacing, and landscape enhancements.

Package A includes the following tasks:

Task 1A – Project Coordination and Project Management (Package A) Consultant shall oversee Project development to ensure quality deliverables by maintaining open communication with City staff and monitoring the Project schedule.

This shall include, but is not limited to, Project meetings, regular updates, and general Project management tasks.

Task 1A.1 – Project Meetings
For each meeting throughout the Project lifecycle, Consultant shall prepare a meeting agenda and send the agenda to all participants at least 3 working days prior to the meeting; prepare presentations, when applicable, and provide the presentation materials to all participants with the agenda; and draft meeting notes, which will be distributed to all participants no more than 5 working days after each meeting. City staff shall have the opportunity to review all meeting notes and request changes before the notes are finalized and distributed to attendees for record keeping.

All meetings will be held virtually via Microsoft Teams, unless otherwise specified.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Consultant will coordinate and conduct the following meetings:
• 1A.1.1 Kick-off Meeting - Upon City’s issuance of the Notice to Proceed (NTP), Consultant shall schedule a kick-off meeting to establish lines of communication between Project team and City staff, discuss the scope of work, review the Project schedule and budget, and discuss any logistical elements of the Project, such as file sharing platform preferences and invoicing requirements.

• 1A.1.2 Project Site Walk & Ride - Consultant shall schedule and lead a Project site walk in person with interested City staff and teaming partners. The site walk shall be used to identify any visible Project constraints and for design staff to gather experiential data about the Project area. Consultant shall take photos and compile a record to share with team members and City staff.

• 1A.1.3 Progress Meetings - Consultant shall schedule and lead meetings every two weeks throughout the lifecycle of the Project. The intention of the progress meetings is to provide updates to the City’s Project team during production and design between other scheduled meetings.

Additional informal meetings may be scheduled between the design team and City staff for brief updates, direction, or questions, as needed.

The meetings listed above are inclusive of the meetings associated with Package A.

See Package B for additional information.

Task 1A.2 – Project Schedule, Coordination, and Updates Consultant shall monitor scope, schedules, and budgets required to complete the Project. Consultant shall prepare a baseline Project schedule identifying milestones and critical path items, which is subject to City’s review and approval. Consultant shall update the schedule on a monthly basis, which shall include checking in with all team members as Project development progresses, queuing tasks in advance of their start, and mitigating any impacts that would cause Project delays. All changes to schedules shall be immediately communicated to City staff with mitigation plans identified for City staff approval.

Task 2 – Concept Development & Verification
Consultant shall lead the development and validation of concept alternatives. This effort shall run parallel to public outreach (Task 4) and lead to construction document packages, 35% first, as outlined in Task 6 of Package B.

Task 2.1 – Initial Concept Development
Consultant shall lead the development of an initial concept map. This map shall be based on the Project extents, with key locations and recommendations identified with either icons, where appropriate, or a small pop-out with conceptual drawings showing Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

the layout of any early recommended treatments or alternatives to be considered. This map will be paired with a design toolkit, which will show example pictures of all major treatments being considered. Consultant anticipates using these two documents for early outreach efforts to garner public input on preferred types of treatments and to identify Project constraints and opportunities. Consultant shall develop both documents to be public facing.

The concepts shall concentrate on trail crossing locations and intersections, concentrating on the 22 locations within Pittsburg and Bay Point identified in Attachment A to this Exhibit. Attachment A is attached hereto and incorporated herein by reference.

Consultant will submit the initial concept map and design toolkit electronically to City for review and comment.

Task 2.2 – Traffic Conditions Assessment
After the initial round of public feedback and the documenting of existing conditions in Task 2, Consultant shall develop an existing conditions assessment report. The report shall evaluate each crossing location and include traffic analyses of the collected count data, evaluations based on the Safe Transportation for Every Pedestrian (STEP) resources and guidance documents for pedestrian and trail crossings, available on the Federal Highway Administration’s (FHWA) website, and recommendations for each segment of the corridor based on industry best practices.

All traffic analyses and assessments performed as part of this report shall be accompanied by count data reports, Synchro output reports, queuing reports, warrant worksheets, and STEP Guide assessments and worksheets as appropriate in a report appendix.

Consultant will submit the existing conditions assessment report and associated appendix electronically to City for review and comment.

Task 2.3 – 15% Concept Plans and Estimate
After receiving feedback from the public outreach efforts, collecting existing data, City input, and the results of the conditions assessment, Consultant shall develop 15% concept plans that will be public friendly in layout and understanding, but provide specific recommendations for locations and show the layout of improvements.

Consultant will develop the 15% concept plans at 1”=40’ scale and concentrate on the major improvements. The plans shall concentrate on the intersections and crossing locations. The plans will not show the full length of the trail corridor and will not emphasize the midblock stretches of the corridor unless significant improvements to specific midblock stretches are recommended. The concept plans will identify crossing and intersection improvements that may be considered for the final Project recommendations with acknowledgements of the trail resurfacing throughout the trail corridor.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

The 15% concept design shall be scaled appropriately based on the recommendations of the existing conditions assessment report and also scaled to fit within the established Project budget. If none of the recommended treatments are feasible within the Project budget, Consultant shall present a list of priority recommendations that fit within the budget and considerations for lower-cost improvements in place of the full recommended set. The 15% concept plans shall be accompanied by a 15% Engineer’s Estimate of Probable Cost.

Consultant will submit the 15% concept design plans and associated engineer’s estimate electronically to City for review and comment.

Task 2.4 – Traffic Counts
Consultant shall coordinate the collection of traffic counts as needed for the Project through a third-party collector.

Consultant anticipates the Project shall require turning movement counts for AM and PM peak hours for all intersections that the pathway crosses through. Consultant also anticipates any corridor midblock crossings shall require the collection of average daily traffic counts and speed data. Traffic counts will be for the 22 crossings identified in Attachment A.

Consultant shall utilize these counts in Task 2.2 for the traffic analyses.

Task 3 – Public Outreach
Consultant shall coordinate and perform public outreach efforts in connection with the Project.

Task 3.1 – Community Engagement Plan
Consultant shall review recent relevant community engagement activities and summaries from other planning efforts in the City. Consultant shall work with City staff to develop a plan that meaningfully engages key stakeholders (e.g., local businesses, schools, community members) and sets the Project up to be responsive to community needs. The community engagement plan shall identify specific engagement tools, events, approaches to advertising events/tools, etc., to support the Project.

Consultant anticipates 2-3 Engagement Phases from which to collect feedback:
(1) Existing conditions, gaps, opportunities
(2) Potential proposed improvements and alternatives
(3) Presentation of draft Project and community buy-in

Engagement Phases 1 and 2 may be combined based on City staff feedback.

Consultant will submit a draft community engagement plan to City for review and comment, followed by submission of a final community engagement plan. Consultant Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

assumes the final community engagement plan will be based on one round of consolidated comments on the draft engagement plan.

Task 3.2.1 – Outreach Efforts
For scoping purposes, Consultant assumes the following activities, which shall be refined and finalized when developing the community engagement plan in Task 3.1:
• Workshops (2) – Consultant shall plan and lead two (2) public workshops with day-of support from City and Consultant staff.
• Outreach materials – Consultant shall lead the development of outreach materials (e.g., maps, graphics, flyers) with input and review from City staff.

Consultant assumes there will be one set of materials for each outreach event.

The City shall have the opportunity to provide one round of consolidated comments on each set of engagement materials that Consultant shall incorporate into the materials prior to making the materials available to the public. • Council and Commission Presentations – Consultant shall present the Project to City Council and commissions up to four (4) times throughout the Project to provide updates and garner feedback.

3.2.2 Online Outreach (Website and Survey)
• Project website content – Consultant shall develop website copy, images, and documents to post to the City’s website to inform the community about the overall Project and provide updates. Consultant assumes the scope shall include preparing website copy with up to three (3) updates throughout the life of the Project. The City shall have the opportunity to provide one round of consolidated comments on each set of engagement materials which Consultant shall incorporate into the materials.
• Online Survey – Consultant shall develop an online survey to collect feedback on existing conditions and/or proposed improvements. Once the survey is closed, Consultant shall summarize survey results.

Consultant will provide Spanish translation services at each outreach event, as well as Spanish translation for materials and public surveys.

Task 3.3 – Documentation
Consultant shall summarize and analyze feedback from participants at the conclusion of the community engagement process and document outreach activities, findings, and results in an outreach memorandum. Consultant will submit a draft outreach memorandum to City for review and comment, followed by submission of a final outreach memorandum. The final outreach memorandum shall be based on one round of consolidated comments on the draft memorandum.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Phase 2 – Package B

In Phase 2, Consultant will provide the services required for Package B. Package B involves the development of final construction documents from the results of the public outreach and concept development outlined in Package A. It includes environmental clearances, surveying, stakeholder coordination, and plans, specifications, and estimates (PS&E) development.

Consultant will not start work for Phase 2 (Package B) until the City has determined that Phase 1 (Package A) is complete and the City has issued a Notice to Proceed with Phase 2 (Package B) to Consultant.

Package B Assumptions. Consultant has provided an estimate of fee for Package B, based on the following assumptions:

The scope of final construction documents for the Project shall include improvements to 16 crossings within the Pittsburg and Bay Point limits identified in the modified list of crossings/intersections set forth in Attachment B to this Exhibit A. Attachment B is attached hereto and incorporated herein by reference. The scope of improvements includes raised crosswalks and/or bulb outs for crossings located along the High Injury network (6 locations total), safety intersections lighting, wayfinding signage, green bike lanes, resurfacing of the trail through microsurfacing, and landscaping enhancements.

The high injury network locations are based on the Contra Costa Transportation Authority (CCTA) maps (Appendix D of CCTA’s Countywide Vision Zero Action Plan, representing the 2008-2017 high-injury-network, adopted in 2021) and are understood to include crossings at:
• Mary’s Avenue (Bay Point)
• Enes Avenue (Bay Point)
• W. Leland Road (Pittsburg)
• Crestview Drive (Pittsburg)
• Railroad Avenue (Pittsburg)
• Loveridge Road (Pittsburg)

If the final design concept varies from these assumptions, a new scope and fee will need to be generated for Package B and agreed upon in writing by City staff and Consultant.

Package B includes the following tasks:

Task 1B.1 – Project Meetings
For each meeting throughout the Project lifecycle, Consultant shall prepare a meeting agenda and send the agenda to all participants at least 3 working days prior to the Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

meeting; prepare presentations (when applicable) and provide presentation materials to all participants with the agenda; and draft meeting notes, which will be distributed to all participants no more than 5 working days after each meeting. City staff shall have the opportunity to review all meeting notes and request edits before the notes are finalized and distributed to attendees for record keeping.

All meetings are anticipated to be held virtually via Microsoft Teams, unless otherwise specified.

Consultant anticipates the Project to include the following meetings:
• 1B.1.1 Percent Design Review Meetings - After submission of each design deliverable, Consultant shall meet with City staff to review and discuss comments. Prior to each meeting, Consultant will review all comments and prepare to discuss any needed clarifications or questions during the meeting.

The meetings shall include a page turn of the plan set and comments to thoroughly review the Project and ensure direction is understood moving forward into the next design phase.
• 1B.1.2 Progress Meetings - Consultant shall schedule and lead meetings every two weeks throughout the Project lifecycle. The intention of the progress meetings shall be to provide updates to the City’s Project team during production and design between other scheduled meetings.

Additional informal meetings may be scheduled between Consultant and City staff for brief updates, direction, or questions, as needed.

The meetings listed above are only inclusive of the meetings associated with Package B. See Package A for additional information.

Task 1B.2 – Project Schedule and Updates
Consultant shall monitor scope, schedules, and budgets required to complete the Project. Consultant shall prepare a baseline Project schedule, identifying milestones and critical path items, which is subject to City’s review and approval. Consultant shall update the schedule on a monthly basis, which shall include checking in with all team members as Project development progresses, queuing up tasks in advance of their start, and mitigating any impacts that would otherwise cause Project delays.

Task 4.1 – Topographic Survey and Background
Consultant shall perform a topographic field survey to gather the necessary information and detail for Project design at crossings and intersections along the Delta de Anza Trail corridor within Pittsburg and Bay Point. Consultant assumes that 16 locations in total shall require ADA level survey. The boundary shall establish the public right-of-way and be used to confirm improvements within the right-of-way, as well as the need for easements.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Consultant assumes that detailed elevations and underground information are not needed outside of the intersection/curb ramp/sidewalk improvement locations. Existing right-of-way shall be based upon available maps and deeds on file in the County public records. Consultant shall include and show plottable easements, and right-of-way lines with length and bearing including reference on basis on each boundary course.

Consultant shall order a Preliminary Title Report with reference documents if needed.

Consultant shall conduct fieldwork, office calculations, and drafting to produce a topographic survey of the Project area at a 1”-20’ Scale. This survey shall show the location and sizes of existing trees, driplines (which shall be assumed), grade breaks, high points, low points, signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, vegetated or landscaped areas including bushes, etc., USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes within the Project area(s). Field measurements of inverts of accessible and unobstructed visible catch basins, area drains, storm drain manholes, and sanitary sewer manholes shall be shown.

Consultant shall use an aerial image, supported by site visits and field reports, for the general layout of any improvements located along the midblock extents of the trail.

Consultant anticipates those improvements to be limited to microsurfacing and limited location of pavement dugouts. Consultant anticipates these improvements will not require a topographic survey for their layouts, and as such, the extents of the trail shall not be surveyed outside of the 16 crossings.

Consultant will submit the topographic survey electronically to City for review and comment.

Task 4.2 – Utility Research
Consultant shall gather and review available information, reports, data, as-builts, and record drawings related to the Project site. Consultant shall accurately identify utilities, possible utility conflicts for further investigations, existing equipment and other traffic control elements at each crossing location, and any other conditions or facilities relevant to the design or construction of the Project.

Consultant shall distribute data request letters and coordinate the gathering of available Project related information from various available sources of information that are identified through Consultant’s initial investigations. Consultant shall assemble these data request letters within a week following Project kickoff in order to coordinate existing data collection. Consultant understands that limited information on existing facilities may be available, and that Consultant will need to undertake extensive site investigation.

Task 4.3 - Geotechnical Allowance
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Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Consultant shall provide coordination of geotechnical design considerations and backgrounds. This scope will be further developed as the final concepts are developed in Phase 1 (Package A). The fee associated with this task is an allowance to be utilized on an as-needed basis as authorized by City.

Task 5 – Environmental Clearance
Consultant shall coordinate the efforts for environmental clearance.

Based on Consultant’s review of the proposed Project and Consultant’s recent experience working on similar public infrastructure projects in the greater Bay Area, Consultant believes the Project would be categorically exempt from the California Environmental Quality Act (CEQA) under Class I Existing Facilities. Consultant shall prepare the CEQA Categorical Exemption (CE) for the City’s review and shall make revisions based on one round of review and comments by the City and file the CE with Contra Costa County following the City’s Project approval.

Since the Project will utilize federal grant funds, compliance with the National Environmental Policy Act (NEPA) and related federal statues is required. Consultant shall work with the City to develop a Project description for submittal to Caltrans.

Consultant shall prepare the following technical studies for the Project and shall satisfy NEPA compliance for Caltrans, the City, and regulatory agencies. The studies shall be based, in part, on technical information provided by the Project team. • Air Quality PM Email – Because the Project is a bicycle and pedestrian facility improvement project, Consultant assumes that the project will be exempt from the requirement that a conformity determination be made. Consultant assumes that the City shall coordinate with the Metropolitan Transportation Commission (MTC) to obtain a PM 2.5 exemption email.
• Community Impacts Memorandum – Consultant shall prepare a Community Impacts Assessment Memorandum for the Project.
• Cultural Reports – Consultant shall prepare an Area of Potential Effect Map, Archeological Survey Report (ASR), and Historic Properties Survey Report (HPSR) to document any archeological resources that may be discovered on-site and impact by the Project. The HPSR shall document the Section 106 Native American consultation that shall be carried out by Caltrans District 4 Local Assistance staff.
• NEPA CE and ECR Documentation – Consultant shall assist Caltrans, as needed, in the preparation of the NEPA Categorical Exclusion (CE) and the Environmental Commitment Record (ECR).
• Section 4(f) Memorandum – The Delta de Anza Trail itself is a public recreational facility and, therefore, a Section 4(f) protected resource. The Project proposes improvements to the trail. Consultant shall prepare a Section 4(f) De Minimis Memorandum for the Project documenting that the Project will not result in any adverse effects to the Section 4(f) resource.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Additional documents may be requested by Caltrans based on the results of the above.

Any such additional documents requested by Caltrans shall be considered as optional tasks and shall require pre-approval by City.

The fee for this task is broken down into overall coordination and management of the environmental clearance efforts (Task 5.1) and the individual deliverables (Tasks 5.2 –

5.6).

Consultant will submit the deliverables required by this Task to City (and Caltrans and/or regulatory agencies, as applicable) for review and comment. All deliverables required by this Task must be prepared in accordance with Caltrans’ Local Assistance Procedures Manual (“LAPM”).

Task 6 – Construction Documents
Consultant shall develop the refined concepts into final construction documents for the Project, with four progress submittals at the 35%, 65%, 95% and 100% PS&E development levels before submitting a final set. The final construction documents for the Project must include plans and technical specifications for the Project that comply with all applicable federal, state, and local laws, regulations, and requirements.

Between each stage of development, the City shall have the opportunity to review the previous package and provide a single set of consolidated, consistent comments for the Consultant to address. Consultant anticipates that the City shall take up to three (3) weeks to complete its review following receipt of each progress submittal. After receiving the City’s comments, Consultant shall review the comments provided and coordinate any clarifications needed with City staff.

Task 6.1 – 35% PS&E
Consultant shall develop and submit to City a schematic design package for the 35% design submittal based on all gathered information, data, and feedback collected during the aforementioned Project phases and Tasks.

The submittal shall include the evaluation results and a schematic design with the proposed traffic signal equipment locations. It shall also identify the locations, layout, and schematic design of any additional traffic calming measures that may be proposed, if deemed appropriate, and identify any revisions to the built environment for the traffic signal and intersection to meet ADA requirements.

The 35% schematic design shall be supplemented with a list of anticipated technical specifications and an engineer’s cost estimate.

Task 6.2 – 65% and 95% PS&E
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Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Based on City feedback on the 35% schematic design, Consultant shall progress the design package to 65% and then again to 95%.

The 65% design package shall include Project specifications. The specifications shall include City standard front-end specifications, using the City’s approved template, and technical specifications, which shall be inclusive of the bid schedule, measurement and payment sections, as well as other relevant documents for bid. After the 65% set is reviewed by City, Consultant shall progress the design again to 95% according to Project needs and based on City comments.

Consultant anticipates that the plans shall be limited to the following sheets:
• Title sheet
• General Notes sheet
• Horizontal Control sheets
• Layout sheets*
• Grading / Drainage sheets
• Electrical / Lighting sheets
• Detail sheets
Consultant anticipates that signing and striping improvements shall be identified in the layout sheets.

Task 6.3 – 100% PS&E
After receiving comments from City and other agencies with an interest in the Project (e.g., Contra Costa County and East Bay Regional Park District) on the 95% design submittal, Consultant shall prepare and deliver 100% PS&Es and front-end documents for the Project (collectively, the “Contract Documents”) to City for review and comment.

Consultant shall incorporate comments from the 95% design review into the Contract Documents for the Project, inclusive of PS&Es, where appropriate. The 95% engineer’s estimate will be updated to reflect the refinements from the 95% design review into the Contract Documents (100% Design). Consultant will ensure that it has addressed all substantive content and edits to date. The Consultant’s Engineer-in-Responsible- Charge shall stamp and sign the approved Bid Set of the Contract Documents, and where appropriate, other California-licensed professionals shall also stamp and sign the individual plan sheets under their charge along with the Engineering Responsible- Charge. Consultant shall then submit the final cover pages of the Plans and Specifications for signature by the City’s Public Works Director. Consultant anticipates that this package shall be the final design submittal before development of the final package in Task 6.4.

Task 6.4 – Final PS&E
Upon the City Engineer’s acceptance of the 100% deliverable package, Consultant shall prepare a final signed and stamped package, including, but not limited to, plans, specifications, a bid list, and an engineer’s estimate. Plans and specifications shall be Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

reproducible and all deliverables under this task shall be in electronic and hard-copy format.

Electronic format of Project files shall be sent with the electronic deliverable and be compatible with AutoCAD 2014 and the latest version of Microsoft Word, Excel, Project, or any format agreed upon between City and Consultant.

Task 7 – Stakeholder Coordination
Consultant shall collectively lead efforts to coordinate with key stakeholders. This may include organizing and facilitating meetings and discussion groups with outside agencies, property owners, utility companies, advocacy groups, community organizations, and other invested parties.

Consultant anticipates the stakeholder groups to be divided into two groups:
• Technical Advisory Stakeholders – This group shall be composed primarily of other outside agencies, relevant key utility representatives, East Bay Regional Park District, and City departments. Consultant anticipates this group to have up to three (3) meetings scheduled. The initial meeting, coinciding with Task 2 data collection, shall focus on identifying Project needs and constraints from the technical group. Subsequent meetings at 35% and 95% design levels, as needed, shall allow technical groups to offer input and discuss the Project design.
• Community Advisory Stakeholders – Composed of community organizations, advocacy groups, neighborhood associations, schools/PTA representative, and property owners, this group shall meet three (3) times. The first meeting, during Public Outreach Phase 1, shall identify optimal outreach methods and activate the group to disseminate information about outreach activities and the public survey. The second meeting, during Phase 3 of outreach, shall allow stakeholders to provide feedback on concepts. The final meeting, around the 95% design deliverable phase, shall update the group and solicit buy-in on final designs.

Consultant shall first develop a list of all organizations and representatives anticipated for these two groups and submit to City staff for feedback and additions. After the potential members of the two stakeholder groups have been verified, Consultant shall initiate contact and provide invitations for all members to participate.

Consultant anticipates that all stakeholder meetings shall be held virtually and during the workday to ensure maximum participation in both groups, unless in person meetings are requested by the City.

Consultant shall provide agendas in advance of each meeting, slide decks for presentations as necessary, and meeting notes. In addition to the Stakeholder Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

meetings, Consultant shall also lead the effort to acquire all necessary permits, approvals, and easements from utility providers, agencies, and property owners.

Task 8 – Caltrans ROW and LAPM Coordination
City staff shall lead the efforts associated with the Caltrans ROW (8.1) and LAPM coordination (8.2). Consultant shall assist the City with the development of exhibits and provide technical guidance to City staff.

Additional Services During Bidding and Construction (If Authorized by City) City may request additional services of Consultant during the bidding and construction phases of the Project. Consultant will not provide any such additional services until Consultant has received written authorization from the City to perform the additional services. Unless otherwise specified in writing by City, all additional services will be subject to the same terms and conditions that apply to all other services under the Agreement.

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Attachment A to Exhibit A

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Attachment B to Exhibit A

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

EXHIBIT B

COST PROPOSAL

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Notes:

The fee associated with Package A is based on the number of intersections to be included in the initial concept development and their distribution amongst Pittsburg and Bay Point. There are 8 intersections in Pittsburg and 14 in Bay Point for the initial concept and outreach efforts. (See Attachment A to Exhibit A of the Agreement.) The fee associated with Package B assumes the reduction of intersections and crossings to the 16 identified in Attachment B to Exhibit A of the Agreement. This list includes 8 locations within Pittsburg and 8 within Bay Point. However, there will be a higher concentration of design elements associated with crossings that are located within the County's high injury network. There are 6 locations within that network along the Project corridor, and 66% of them are within Pittsburg. Consultant assumes that this will result in a design fee for the PS&E packages to be 70% associated with the Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Pittsburg locations. Consultant anticipates all other work for Package B will be divided equally between the two jurisdictions.

Fee Schedules. The following fee schedules for Package A and Package B reflect hourly rates that are fully inclusive of Consultant’s actual costs plus the fixed fee.

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Package A Fee Schedule
Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Package B Fee Schedule
Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

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.

SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS

By:

Title:
2784982.1

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB Associate Principal

Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

EXHIBIT C

FEDERAL REQUIREMENTS

1. Uniform Federal Contract Provisions. The Agreement will be funded in whole or in part with federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds.

Copies of any funding agreement between City and a funding agency will be made available upon request.

1.1 Equal Opportunity. During the performance of this Agreement, the Consultant agrees as follows:
(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant’s legal duty to furnish information.
(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the Consultant’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.

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(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

1.2 Contract Work Hours and Safety Standards Act. If the Agreement exceeds $100,000 and involves the employment of mechanics or laborers, then Consultant and each subconsultant must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Consultant or subconsultant will require or permit any laborer or mechanic to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. (B) If Consultant or a subcontractor violates this requirement, the Consultant and any responsible subcontractor will be liable for the unpaid wages. In addition, the Consultant Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Consultant and subconsultant must insert this requirement into subcontracts of any tier. Consultant is responsible for compliance with these requirements by each subcontractor of any tier.

1.3 Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.

1.4 Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subconsultant must comply with the requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401-7671q), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subconsultant must insert this requirement into subcontracts of any tier in excess of $150,000.

1.5 Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subconsultant must comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subconsultants must insert this requirement into subcontracts of any tier in excess of $150,000.

1.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Consultant is required to verify that none of its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, in addition to remedies available to City, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a proposal and entering into this Agreement, Consultant agrees to comply with these requirements. (See also Section 2.14, below.)

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1.7 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within a reasonable time frame, (B) meeting reasonable performance standards, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

1.8 Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. “Covered telecommunications equipment or services” means any of the following: telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Consultant will include this provision in all subcontracts or purchase orders in connection with the services.

1.9 Domestic Preferences for Procurements. The City should, to the greatest extent practicable and consistent with applicable law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.

2. Caltrans Funding Requirements. This Agreement is for architectural and/or engineering services funded in whole or in part by Caltrans and/or the Federal Highway Administration (“FHWA”) and is subject to the following provisions. Any reference to an “Exhibit” in this Section 2 refers the specified Exhibit under Caltrans’ Local Assistance Procedures Manual (“LAPM”), available at https://dot.ca.gov/programs/local-assistance/guidelines-and- Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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procedures/local-assistance-procedures-manual-lapm.

2.1 Consultant’s Reports or Meetings (Exhibit 10-R, Article II).

A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s contract administrator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. Consultant’s project manager shall meet with City’s contract administrator, as needed, to discuss progress on the Agreement.

2.2 Allowable Costs and Payments (Exhibit 10-R, Article V).

A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in Consultant’s approved Cost Proposal, unless additional reimbursement is provided for by amendment to the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal. In the event that City determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by amendment to the Agreement to accommodate the changed work.

The maximum total cost as specified in Section 2 of the Agreement shall not be exceeded, unless authorized by amendment to the Agreement.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or award of the Agreement.

C. In addition to the allowable incurred costs, City will pay Consultant a fixed fee, as specified in the final approved Cost Proposal. The fixed fee is nonadjustable for the Term of the Agreement, except in the event of a significant change in the Scope of Services and such adjustment is made by amendment to the Agreement.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the contract administrator before exceeding such cost estimate.

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F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the City-approved schedule, City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to California law and regulations upon receipt by City’s contract administrator of itemized invoices in duplicate.

Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the Agreement and approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 2.8 (Article XI), Equipment Purchase and Other Capital Expenditures. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City at the following address:

City of Pittsburg
Engineering Division
Attn: SM Saklaen
65 Civic Avenue
Pittsburg, CA 94565

I. The total amount payable by City including the fixed fee shall not exceed the amount set forth in Section 2 of the Agreement.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

2.3 Termination (Exhibit 10-R, Article VI).

A. See Section 8.1 of Agreement on Termination.

B. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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such time as the exact amount of damages, if any, due City from Consultant is determined.

D. In the event of termination, Consultant shall be compensated as provided for in the Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

2.4 Cost Principles and Administrative Requirements (Exhibit 10-R, Article VII).

A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.

D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

2.5 Retention of Records/Audits (Exhibit 10-R, Article VIII).

For the purpose of determining compliance with Government Code § 8546.7, Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, including Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Term of the Agreement and for four years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for four years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

2.6 Audit Review Procedures (Exhibit 10-R, Article IX).

A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.

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B. Not later than 30 calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

D. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Consultant and approved by City’s contract administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments officials have access to CPA work papers, will be considered a breach of the Agreement and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The Cost Proposal shall be adjusted by the Consultant and approved by City’s contract administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement and cause for termination of the Agreement and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

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Accepted rates will be as follows:

a. If the proposed rate is less than 150% - the accepted rate reimbursed will be 90% of the proposed rate.

b. If the proposed rate is between 150% and 200% - the accepted rate will be 85% of the proposed rate.

c. If the proposed rate is greater than 200% - the accepted rate will be 75% of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three months of the effective date of the management letter. IOAI will then have up to six months to review the Consultant’s and/or the independent CPA’s revisions.

3. If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. Consultant must submit its final invoice to City no later than 60 calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

2.7 Subcontracting (Exhibit 10-R, Article X).

A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.

B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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authorization by City’s contract administrator, except that which is expressly identified in Consultant’s approved Cost Proposal.

C. Any subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants unless otherwise noted.

D. Consultant shall pay its subconsultants within 15 calendar days from receipt of each payment made to Consultant by City.

E. Any substitution of subconsultant(s) must be approved in writing by City’s contract administrator in advance of assigning work to a substitute subconsultant.

F. Prompt Progress Payment

Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150% of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2% of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

G. Prompt Payment of Withheld Funds to Subconsultants

City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the work, and pay retainage to Consultant based on these acceptances. City designates the following method to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant:

No retainage will be held by City from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant.

2.8 Equipment Purchase and Other Capital Expenditures (Exhibit 10-R, Article XI).

A. Prior authorization in writing by City’s contract administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding $5,000, with prior authorization by City’s contract administrator, three competitive quotations must be submitted with the request, or the absence of quotes must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

2.9 State Prevailing Wage Rates (Exhibit 10-R, Article XII).

A. No Consultant or subconsultant may be awarded an agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. Registration with DIR must be maintained throughout the entire Term of this Agreement, including any subsequent amendments.

B. Consultant shall comply with all of the applicable provisions of the California Labor Code pertaining to prevailing wages, including Labor Code section 1720 et seq. and related regulations.

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the Agreement is subject to compliance monitoring and enforcement by the DIR.

Consultant must post all job site notices required by laws and regulations pursuant to Labor Code section 1771.4. Each worker performing work under this Agreement that is covered under Labor Code section 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code.

The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the City and the Department of Transportation’s Regional/District Labor Compliance Officer
(https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each Consultant and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code sections 1771.4,1776, and 1812 and as defined in 8 CCR section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by Consultant under penalty of perjury.

Consultant must
electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of Consultant.

Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:

a. A certified copy of an employee’s payroll record shall be made Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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available for inspection or furnished to the employee or the employee’s authorized representative on request.

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by Consultant.

c. The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City’s contract administrator by both email and regular mail on the business day following receipt of the request.

3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual’s name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.

5. Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties will be withheld by the Division of Labor Enforcement Standards from payments then due. Consultant is not subject to a penalty assessment pursuant to this Section due to the failure of a subconsultant to comply with this Section.

E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City’s contract administrator.

F. Penalty

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1. Consultant and any of its subconsultants shall comply with Labor Code sections 1774 and 1775. Pursuant to Labor Code section 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code sections 1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the Term of the Agreement.

3. In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Consultant or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:

a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

b. Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.

c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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subconsultant for work performed on the public works project.

d. Prior to making final payment to the subconsultant for work performed on the public works project, Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code section 1813.

5. Pursuant to Labor Code section 1775, City may notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.

G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit to City, as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in section 1815.

H. Employment of Apprentices

1. Where either the Agreement or the subcontract exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to-apprentice ratios for the work under the Agreement. Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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specified in Labor Code section 1777.7.

2.10 Conflict of Interest (Exhibit 10-R, Article XIII).

A. During the Term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.

B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.

C. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.

D. Consultant hereby certifies that Consultant or subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

2.11 Rebates, Kickbacks or Other Unlawful Consideration (Exhibit 10-R, Article XIV).

Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee.

For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

2.12 Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying (Exhibit 10-R, Article XV).

A. Consultant certifies, to the best of his or her knowledge and belief, that:

1. No state, federal or local agency appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

2.13 Non-Discrimination Clause and Statement of Compliance (Exhibit 10-R, Article XVI).

A. Consultant’s signature affixed to the Agreement, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code § 12990 and 2 CCR § 8103.

B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article.

The applicable regulations of the Fair Employment and Housing Commission Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

2.14 Debarment and Suspension Certification (Exhibit 10-R, Article XVII).

A. Consultant’s signature affixed to the Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years;

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3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.

2.15 Reserved.

2.16 Funding Requirements (Exhibit 10-R, Article XX).

A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

D. City has the option to terminate the Agreement pursuant to Section 8.1 of the Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

2.17 Contingent Fee (Exhibit 10-R, Article XXII).

Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; to pay only for the value of the work actually performed; or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

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2.18 Inspection of Work (Exhibit 10-R, Article XXIV).

Consultant and any subconsultants shall permit City, the State of California, and the Federal Highway Administration (“FHWA”) to review and inspect the project activities, including the services, and all files pertaining thereto, at all reasonable times during the Term of the Agreement.

2.19 Safety (Exhibit 10-R, Article XXV).

A. Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

D. If the Agreement involves the construction or excavation of trenches of five feet or deeper, Consultant must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

2.20 Ownership of Data (Exhibit 10-R, Article XXVI).

A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. City may permit copyrighting reports or other agreement products. If copyrights are permitted, the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.

2.21 Claims Filed by City’s Construction Contractor (Exhibit 10-R, Article XXVII).

A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City’s construction contract administrator and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.

C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

2.22 Confidentiality of Data (Exhibit 10-R, Article XXVIII).

A. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

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C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.

D. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.

E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

F. All information related to a construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

2.23 National Labor Relations Board Certification (Exhibit 10-R, Article XXIX).

In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

2.24 Evaluation of Consultant (Exhibit 10-R, Article XXX).

Consultant’s performance may be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

2.25 Prompt Payment (Exhibit 10-R, Article XXXI).

A. Prompt payment from City to Consultant

City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:

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1. City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven days after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. Prompt Payment Certification

Consultant must submit Exhibit 9-P to the City by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

2.26 Title VI Assurances (Exhibit 10-R, Article XXXII).

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as “Consultant”) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.

e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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

TO: Mayor and Council Members

FROM: Donna Mooney, City Attorney

SUBJECT: Adoption of a City Council Resolution Appointing Darin Gale as City Manager and Authorizing the Mayor to Execute the Employment Agreement

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

Earlier this year, former City Manager Garrett Evans announced his retirement from the City of Pittsburg. The City Council appointed Assistant City Manager Maria Aliotti as Interim City Manager and retained an executive recruiting firm to conduct a recruitment for a permanent City Manager. This item is to appoint Mr. Gale as City Manager and authorize the Mayor to execute the Employment Agreement.

FISCAL IMPACT

The Fiscal year 2025/26 base salary in the employment agreement would be $312,256.

The base salary and benefits will be funded through the General Fund. The estimated annual cost would be roughly $415,000 and would be included in annual budgets, including the draft 2026/27 budget presented to City Council in June 2026.

RECOMMENDATION

Adopt the Resolution Appointing Darin Gale as City Manager and Authorizing the Mayor to Execute the Employment Agreement.

BACKGROUND

The former City Manager retired effective September 4, 2025. The City undertook a

recruitment for applicants to fill the position of City Manager. The position of City Manager is filled by and reports to the City Council. The City Council conveyed in the job announcement that the City was seeking an experienced leader with expertise in a full-service municipal agency, as well as a passion for public service and a strong understanding of economic development, finance, land use, and project capitalization.

The City Council further indicated that the ideal candidate would be able to build trust throughout the organization and city, and demonstrate responsiveness to the public and an ability to engage with the community. From a pool of more than 40 applicants, the City Council selected three finalists and ultimately identified Darin Gale as the chosen finalist to proceed to a background check and contract negotiation.

Mr. Gale is a graduate of the Harvard Senior Executives in State and Local Government program. He earned a bachelor’s degree in economics from Sacramento State and a Master of Business Administration degree from Drexel University. He has been the Assistant City Manager of the City of Brentwood and most recently served as Interim City Manager. He served as Senior Development Project Manager with the City of Sacramento, where he designed and administered a federally funded small business loan program and established an economic incentive program for business attraction and retention. For 10 years he served the City of Yuba City in roles with increasing responsibility, including Deputy City Manager.

SUBCOMMITTEE FINDINGS

The item was not presented to a subcommittee.

STAFF ANALYSIS

If the Resolution is adopted, Mr. Gale will be appointed City Manager and the Employment Agreement will be executed. He is expected to assume his duties on December 15, 2025. The employment agreement provides for a base salary of $312,256 per year. The agreement further provides for annual performance evaluations, the opportunity to participate in a deferred compensation plan, vacation and sick leave, membership costs for professional organizations.

As City Manager, Mr. Gale will be implementing the policies and goals of the City Council on a day-to-day basis and leading a team of department heads. The City of Pittsburg is expected to grow from 76,000 residents to 90,000 residents over the next two decades. Mr. Gale will be leading the efforts to act on the City Council’s commitment to longterm projects that will drive economic development and enhance the quality of life, and engage with the community to for input.

ATTACHMENTS: Resolution
Agreement

Report Prepared By: Donna Mooney, City Attorney

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Appointing Darin Gale as City Manager)
And Authorizing the Mayor to Execute ) RESOLUTION NO. 25- Employment Agreement )

WHEREAS, the former City Manager retired effective September 4, 2025; and

WHEREAS, the City retained an executive recruitment firm to provide executive search services; and

WHEREAS, where more than 40 applications for the position were received; and

WHEREAS, the City Council interviewed qualified applicants and selected finalists for further interview; and

WHEREAS, the City Council directed staff to negotiate the terms and conditions of employment with Darin Gale for the position of City Manager.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby appoints Darin Gale as City Manager effective December 15, 2025, or other date approved by the Mayor, and authorizes the Mayor to execute the City of Pittsburg City Manager Employment Agreement.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

CITY OF PITTSBURGCITY MANAGER EMPLOYMENT AGREEMENT This City Manager Employment Agreement (Agreement) is entered into on November 18, 2025, by and between the City of Pittsburg, the Successor Agency to the Redevelopment Agency of the City of Pittsburg, the Housing Authority of the City of Pittsburg, the Pittsburg Power Company, the Southwest Pittsburg Geologic Hazard Abatement District II, the Pittsburg Arts and Community Foundation, and the Public Finance Authority of the City of Pittsburg (collectively hereinafter called and referred to as City) and Darin Gale (Manager). Under this Agreement, the City offers, and Manager accepts, employment as City Manager of the City. RECITALS City desires to employ Employee as City Manager of the City of Pittsburg, California and Executive Director of the Successor Agency to the Redevelopment Agency of the City of Pittsburg, the Housing Authority of the City of Pittsburg, the Pittsburg Power Company, the Southwest Pittsburg Geologic Hazard Abatement District II, the Pittsburg Arts and Community Foundation, and the Public Finance Authority of the City of Pittsburg and Employee desires to serve in such capacity. The City Council of the City of Pittsburg and the Boards of Directors of the Successor Agency to the Redevelopment Agency of the City of Pittsburg, the Housing Authority of the City of Pittsburg, Pittsburg Power Company, the Southwest Pittsburg Geologic Hazard Abatement District II, the Pittsburg Arts and Community Foundation, and the Public Finance Authority of the City of Pittsburg have delegated to the City Council of the City of Pittsburg their respective authority as to Employee and the terms and conditions of this Agreement. The City Council of the City of Pittsburg, as appointing authority, and Employee desire to agree in writing on the terms and conditions of Employee

2 NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations hereinafter set forth, the parties hereto do now agree as follow: 1. Duties: Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set Manager shall perform such other legally permissible and proper duties and functions consistent with the office of City Manager, as the City Council shall from time to time assign. 2. Devotion to City Business: -time. Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his/her City Manager duties. However, the Manager may engage in limited consulting or professional activities outside of City employment with the prior written approval of the Mayor, provided such activities do not conflict with the to perform his/her duties, or occur while the Manager is on duty for the City. 3. Term: December 15, 2025, and shall continue until December 14, 2028, or the date of earlier termination in accordance with provisions in this Agreement. Six (6) months prior to the expiration of the Agreement term, and on each succeeding December 15 while this agreement is effect, this Agreement shall be automatically extended for one (1) additional year. 4. City Council Commitments: A. Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely member thereof shall give direction to any subordinate of the Manager, either publicly or privately. B. No member of the City Council will order the appointment, discipline, or removal of any person to any office or employment under the supervision and control of the Manager. C. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the Manager, as specified in the Municipal Code, this Agreement, or any other lawfully adopted and authorized document.

3 5. Termination of Employment and this Agreement; General Release;Severance: A. If City terminates this Agreement (thereby terminating Manageremployment) without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, or if the City Council and if Manager signs, delivers to the City Council, and does not revoke, the General Release Agreement in the form attached hereto as Exhibit A, City shall pay Manager a lump sum benefit equal to six (6) months of his then Base Salarywithin year one (1) of this Agreement, and shall provide six (6) months of health (medical, dental, and vision) benefits continuing under the benefit plans in which Manager and his/her dependents are then enrolled lieu of such benefits (the cash payment and continuing benefits, In the event the City terminates this Agreement within year two (2) of this Agreement or later, the Severance shall include twelve (12) months of his Base Salary, along with twelve (12) months of health benefits or a cash- Additionally, Manager will be paid for all benefits earned and accrued, including unused leave, in the same manner the Senior Executive Team upon separation. B. If City terminates this Agreement (thereby terminating Manageremployment) with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused As used in this Agreement, Cause shall only mean any of the following: 1. Conviction of, or plea of guilty or nolo contendere to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the 2. Proven failure of the Manager to observe or perform any of his/her duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; 3.that term is defined in Government Code Section 53243.4;

4 4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting; and5. Any negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates properly-established rules or procedures. C. In no event may Manager be terminated within ninety (90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council, or the appointment of a City Councilmember to fill a vacancy. D. If, during the Term or any extended Term, Manager dies, shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of four (4) successive weeks beyond any provided sick leave, or for twelve (12) weeks during any twelve (12) month period, whichever is greater, the City may terminate this Agreement. F. Manager may resign from his employment at any time, upon giving thirty (30) days written notice to the City Council. 6. Compensation and Annual Evaluation: A. annual Base Salary shall be Three Hundred Twelve Thousand Two Hundred Thirty-Six Dollars ($312,236). Said amount shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid. B. City, by the City Council, and Manager may set mutually-agreed-upon objectives for each year under this Agreement. The City Council shall evaluate Managerat least once a year ) utilizing an agreed-upon facilitator. Mutually agreed upon objectives will be set during the first quarter of each calendar year. C. Manager shall receive cost of living adjustments equal to and at the time provided to the Senior Executive Team. D. If the City reduces the Base Salary or any other financial benefit of the Manager in a percentage that is greater than the average reduction of all executive

5 managers, such action shall constitute a termination of this Agreement without Cause under Section 5A of this Agreement, and Manager shall be entitled to Severance. 7. Deferred Compensation: deferred compensation program which will be administered by the International City Management Association Retirement Corporation (ICMA-RC), or any other administrator designated by the City and to pay up to $19,280 (Nineteen Thousand Two Hundred and Eighty Dollars). This contribution amount will be divided equally in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid. This contribution shall Section 6(a) and 6(c). 8. Pension: A. City agrees to enroll Manager as a classic member of the Public Employees Retirement System (PERS) in the PERS plan of 2% (two percent) at 60 (sixty). 9. Health and Medical Benefits Insurance: City shall provide Manager with the same health plans (medical, dental, and vision) which are provided to other City employees, and shall pay that portion of the employee and dependent rate or premium as is determined by the City Council for all Senior Executive Team employees. 10. Life Insurance: The City agrees to pay for a term life insurance policy on Managercarrier selected by the City, equal to term life insurance offered to the Senior Executive Team. Manager shall designate the beneficiaries of the policy. Manager shall also be entitled to participate in any group life or disability insurance programs approved by the City Council for all employees. 11. Mileage Reimbursement: the demands of City business at all times and outside of regular business hours, including weekends. The City shall reimburse the Manager for use of his personal vehicle for City business in be amended from time to time

6 12. Equipment: Order and/or other City administrative regulations. 13. Business and Professional Expenses: A. City recognizes that Manager may incur expenses of a non-personal, job-City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City. B. City agrees to pay the professional dues and subscriptions on behalf of Manager which are necessary for Managerinternational, national, regional, state, or local associations and organizations necessary and desirable for Manageradvancement, or for the good of the City, including but not limited to International City-County Management Association (ICMA), League of California Cities, Municipal Management Association Northern California, and California City Management Foundation. C. City agrees to pay travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary professional development, and for Managerarticipation in necessary official and other functions for the City; including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees on which Manager serves as a member. Notwithstanding the above, the number of conferences or meetings City will pay for each year, and attendance at out-of-state conferences and meetings, 14. Vacation and Sick Leave: A. City shall provide Manager with vacation, sick, holiday, and administrative leave in the same manner as provided to all Senior Executive Team members of the City. City shall provide Manager with all other benefits as provided to Senior Executive Team members. As used herein, benefits include, but are not limited to, vacation, sick leave, holidays, PERS retirement benefits and payments, retiree health insurance, deferred compensation contributions, and educational tuition reimbursement. Notwithstanding the above, Manager shall accrue vacation at the rate of 8.62 hours per pay period. Manager shall commence employment with 80 hours of vacation and 40 hours of sick leave. B. Manager shall pay 9% towards CalPERS.

7 C.up to eighty (80) hours compensation plan. Such reduction in vacation accrual and deferred compensation contribution shall be payable in installments at the same time as other employees of the City are paid. 15. Abuse of Office or Position: If Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (a) if Manager is provided with administrative leave pay pending an investigation, Manager shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Manager shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Manager may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Manager. For purposes of this Section, abuse of office or position means either: (x) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (y) a crime against public justice. 16. Enforcement of this Agreement: The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions, shall be entitled to payment of his reasonable attorney fees and costs. 17. In the event the City terminates the Manager for any reason or no reason, the City and the Manager agree that no member of the City Council, the City Management staff, nor the Manager, shall make any written, oral or electronic statement to any member of tin the form of a joint press release or statement, the content of which is mutually agreeable to the City and the Manager. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry. 18. Indemnification: Consistent with the California Government Code, City shall defend, hold harmless, gainst expense or legal liability for acts or omissions by Manager occurring within the course and scope of ManagerLegal representation, provided by City for

8 City Manager, shall extend until a final determination of the issues including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened. In the event there is a conflict of interest between City and Manager such that independent counsel is required for Manager, Manager may engage his own legal counsel, in which event City shall indemnify Manager, including direct payment of all such reasonable costs related thereto. 19. Notices: Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing. CITY: City of Pittsburg Attention: Mayor 65 Civic Avenue Pittsburg, CA 94518 MANAGER: Darin Gale Address on file with Human Resources 20. Conflict With City Municipal Code: The City personnel ordinances, resolutions, rules and policies shall apply to Manager in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the City Municipal Code, the City Municipal Code shall prevail over this Agreement. 21. Entire Agreement: This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Manager by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment

9 agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party. 22. Modifications: Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto. 23. Effect of Waiver: The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 24. Partial Invalidity: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 25. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement is entered into this 18th day of November, 2025. CITY OF PITTSBURG By: _______________________ _______________________ Jelani Killings, Mayor Darin Gale Approved as to Form: __________________________ Donna Mooney, City Attorney

EXHIBIT A Page 1
GENERAL RELEASE AGREEMENT between ____________________ ("Manager") and CITY OF ____________________ A. Manager concluded on ____________. B. Certain disputes have arisen between City and Manager.C. City and Manager each deny any liability whatsoever to the other. D. City and Manager wish to fully and finally resolve any and all disputes they may have with each other. E. Manager is hereby informed that he/she has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises Manager to consult with his/her legal counsel before signing this Agreement. F. Manager acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he/she may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired. G. Manager acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him/her through the date of employment termination. Manager also acknowledges that City has made this Salary Payment without regard to whether he/she signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. 1. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or checks for all compensation owing to him/her, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from City. 2. Severance. Within five (5) days following Managerthe City, and not revoking this Agreement, City shall pay Manager the gross amount provided for in Section 5.A. of the attached Employment Agreement, less applicable deductions, and shall provide the months of medical benefits as provided in that same Section 5.A. Manager acknowledges that the Severance is in excess of all amounts due and owing him as a result of his employment by City.

EXHIBIT A Page 2

3. General Release. In consideration of the Severance to be paid and provided to Manager, and other good and valuable consideration, Manager hereby releases and discharges City and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his/her employment by City which he/she now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy. Manager hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Manager understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives and agents, Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he/she does not know or suspect to exist in his/her favor. Manager further acknowledges that he/she has read this General Release and that he/she understands that this is a general release, and that he/she intends to be legally bound by the same.

EXHIBIT A Page 3

4. Fees and Costs. Manager and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/her/its reasonable attorneys' fees and costs. Dated __________ ____, 20__ CITY OF ___________________________ By:________________________________ Dated: __________ ____, 20__ ________________________________ MANAGER APPROVED AS TO FORM: By: Date:______________________

Combined Agency/City Council Minutes Page 1 of 3 November 03, 2025

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES

DATE: November 03, 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
Maria M. Aliotti, Interim City Manager/Interim 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 7:06 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. after having convened at 5:37 P.M. for a Special Meeting for Planning Commission Interviews and at 8:43 P.M. for the following Closed Session items:

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Section 54957 City Attorney

3. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Section 54957.6:

City Designated Representatives: Julie Mares, MRG, LLC
Unrepresented Employee(s): City Attorney

4. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT – Pursuant to Section 54957 City Manager

ROLL CALL

All Members were present.

PLEDGE OF ALLEGIANCE

Mayor Killings led the Pledge of Allegiance.

PROCLAMATIONS

5. Inspire Pittsburg – Pittsburg Rotary

Combined Agency/City Council Minutes Page 2 of 3 November 03, 2025

PRESENTATIONS

6. Contra Costa Health Presentation on the Los Medanos Recovery Center – Offering a Sobering Center, Crisis Triage, Withdrawal Management and Outpatient Services in Pittsburg

CITY MANAGER REPORTS/REMARKS

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

PUBLIC COMMENTS

The following speakers provided comments on the presentation given by Contra Costa County Health:

Wolfgang Croskey
Renita McKinnie
Maileen Mamaradlo
Lea Mostella

Aisling Doherty asked for more streetlights to be added in the Central Addition neighborhood.

COMMITTEE REPORTS

Member Kobata attended the Life Enrichment Subcommittee meeting.

CONSIDERATION

7. Adoption of a City Council Resolution Authorizing the City Manager to Amend the Software Service Agreement with Tyler Technologies, Inc. to Include the Tyler Enterprise Permitting Solution

On Motion by Vice Mayor Adams, seconded by Member Lopez and adopted unanimously.

CONFLICT OF INTEREST STATEMENT

There were no conflict of interest statements.

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 unanimously.

8. Minutes of October 20,2025 and October 21, 2025

9. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase and Installation of a New Restroom Building at City Park for Phase II of Project 1754 - City Park Restroom Facility

Combined Agency/City Council Minutes Page 3 of 3 November 03, 2025

10. Adoption of an Ordinance Amending Pittsburg Municipal Code Chapter 2.80 Youth Commission

11. Adoption of a City Council Resolution to Accept the MLS GO Play Fund – NRPA Grant for the FY 2025-26 Youth Soccer League Program

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS

There were no requests for future agenda items.

COUNCIL MEMBER REMARKS

Member Kobata reported on the Habitat Conservancy meeting she attended and invited the community to attend the Future Build Cohort 28 graduation ceremony as well as the Veteran’s Day celebration.

Mayor Killings made remarks on a recent trip he took to China for a Sister City Conference.

Prior to convening in Closed Session, City Attorney asked if there were any public comments on closed session items. There being no one to speak, City Council convened in closed session at 8:43 P.M.

ADJOURNMENT

The meeting adjourned at 10:42 P.M. to November 17, 2025.

Respectfully submitted,

Alice E. Evenson, City Clerk

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

TO: Chair and Governing Board Members

FROM: Maria M. Aliotti - Interim Executive Director

SUBJECT: Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Execute a Professional Services Agreement with Robertson-Bryan, Inc. for Energy Market Analysis Services

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

Robertson-Bryan, Inc. (RBI) has previously provided Pittsburg Power Company (PPC) with on-call professional services related to power market pricing, power scheduling, delivery assessment in the California energy market, support for the development of new energy projects, and the expansion of PPC. PPC seeks to enter into a new agreement with RBI for a term of up to five years with a total compensation amount not to exceed $200,000.

FISCAL IMPACT

For each specific power market-related assessment and engineering service, PPC will issue work orders to RBI to perform the services as needed. The anticipated amount per work order is generally in the range of $2,500 to $25,000. Funds for professional services provided by RBI will be drawn from PPC’s Fiscal Year 2025-26 operating budget approved by the Governing Board.

RECOMMENDATION

The Governing Board of the Pittsburg Power Company authorize the Executive Director to execute an agreement with RBI for professional services.

BACKGROUND

PPC utilizes professional consulting companies qualified and experienced in providing professional services, including power market pricing, power scheduling, and delivery assessment in the California energy market. On January 17, 2023, the Governing Board of the PPC adopted Resolution No. 23-446, approving the addition of Robertson- Bryan, Inc. to PPC’s “On-Call” Professional Service List and subsequently authorized execution of a Professional Services Agreement with RBI. The Agreement expired on December 31, 2024.

SUBCOMMITTEE FINDINGS

The new Agreement with RBI has not been presented to a subcommittee.

STAFF ANALYSIS

In order to provide the most reliable service and highest efficacy of project design and customer support, PPC seeks the support of qualified utility professional services companies.

RBI possesses unique skills and experience to perform market power availability assessments, power scheduling, and delivery assessments in real-time, day-ahead, and market futures. These skills will be critical in supporting PPC as it seeks to serve new commercial and industrial loads outside of PPC’s existing service territory on Mare Island, Vallejo.

Under the proposed Agreement, PPC would issue a work order for each specific power market-related assessment and engineering service. The work order will set forth the scope of work, estimated cost, anticipated resources and materials, schedule, deliverables, and any other pertinent information. RBI would subsequently be requested to provide a quote to perform the work. Based on historical invoices, each work order is generally in the range of $2,500 to $25,000.

ATTACHMENTS: Resolution
Professional Service Agreement

Report Prepared By: Vanessa Xie, General Manager of Pittsburg Power Company

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY

OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Executive Director to )
Execute a Professional Services Agreement) RESOLUTION NO. 25- With Robertson-Bryan, Inc. )

WHEREAS, the Pittsburg Power Company (PPC) requires professional and engineering services from companies qualified and experienced in providing engineering, power market pricing, power scheduling, and delivery assessment services, and

WHEREAS, on January 17, 2023, PPC entered into a Professional Service Agreement with Robertson-Bryan, Inc. (RBI), which expired on December 31, 2024; and

WHEREAS, PPC seeks to enter into a new agreement with RBI for a term of five years with a total compensation amount not to exceed $200,000; and

WHEREAS, for each specific power market-related assessment and engineering service, PPC will issue work orders to RBI to perform services as needed.

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

PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________
Jelani Killings, Chair
ATTEST:

___________________________________
Maria M. Aliotti, Interim Executive Secretary

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PROFESSIONAL SERVICES AGREEMENT BETWEEN

PITTSBURG POWER COMPANY AND

ROBERTSON-BRYAN, INC

THIS Agreement (“Agreement”) for general services is made by and between the Pittsburg Power Company, a California joint powers authority (“PPC”) and Robertson- Bryan, Inc. (“RBI”), a California corporation together referred to as the "Parties", as of October 20, 2025 (the "Effective Date").

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, RBI shall provide to PPC the services described in the Scope of Services 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 October 20, 2030, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

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

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

1.4 Time. RBI 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 RBI’s obligations hereunder.

Section 2. COMPENSATION. PPC hereby agrees to pay RBI the sum set forth in the executed Work Order and in no event shall the total compensation paid under this agreement exceed $ 200,000.00 as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement.

The Parties acknowledge and agree that compensation paid by PPC to RBI under this Agreement is based upon estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Service Provider.

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Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which RBI and its employees, agents, and subcontractors may be eligible. PPC therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. RBI 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 Executive Director, 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 PPC’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 RBI and each employee, agent, and subcontractor of RBI performing services hereunder.
▪ The RBI’s signature.

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

2.3 Final Payment. RBI shall submit its final invoice within 60 days of completing its services. Service Provider’s failure to submit its final invoice within this Sixty (60) day period shall constitute Service Provider’s waiver of any further billings to, or payments from, PPC.

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, PPC.

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2.5 Payment of Taxes. RBI 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 RBI 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 Executive Director, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, RBI 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, RBI, 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 RBI’s bid or proposal.

RBI shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. RBI 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 RBI in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the PPC upon written verification that RBI 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. RBI, 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 $2,000,000 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.

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 RBI has no owned autos, Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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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. PPC, 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 Service Provider, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Service Provider.

Coverage can be provided in the form of an endorsement to the Service Provider’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 Service Provider’s insurance covered shall be primary insurance as respects PPC, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by PPC, its officers, officials,
employees, agents or volunteers shall be excess of the
Service Provider’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. RBI agrees to give at least 30 days prior written notice to PPC before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. RBI, 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, $2,000,000 covering the RBI’s errors and omissions.

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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, RBI 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 PPC for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. RBI shall submit the following to PPC 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 RBI 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. RBI hereby agrees to waive subrogation which any insurer or RBI may require from RBI by virtue of the payment of any loss. RBI agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation, but this Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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provision applies regardless of whether or not the PPC 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 PPC for all work performed by the Service Provider, its employees, agents, and subcontractors.

4.4.6 Subcontractors. RBI 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 RBI shall ensure that PPC, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If RBI maintains higher insurance limits than the minimums specified herein, PPC shall be entitled to coverage for the higher limits maintained by the Service Provider.

4.5 Remedies. In addition to any other remedies PPC may have if RBI fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, PPC 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 RBI to stop work under this Agreement and withhold any payment that becomes due to RBI hereunder until RBI demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND SERVICE PROVIDER’S RESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, RBI shall defend, indemnify and hold PPC, 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 misconduct of RBI, its officials, officers, employees, agents, subcontractors and subcontractor arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. RBI shall defend, at RBI'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, its directors, officials, officers, employees, agents or volunteers. RBI shall pay and satisfy any judgment, award or decree that may be rendered against PPC or its directors, officials, officers, Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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employees, agents or volunteers, in any such suit, action or other legal proceeding. RBI shall reimburse PPC 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 provided. RBI's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by PPC or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent RBI's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the RBI. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that RBI or any employee, agent, or subcontractor of RBI 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 PPC, RBI shall indemnify, defend, and hold harmless PPC for the payment of any employee and/or employer contributions for PERS benefits on behalf of RBI or its employees, agents, or subcontractor, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PPC.

Section 6. STATUS OF SERVICE PROVIDER.

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

6.2 Consultant Not an Agent. Except as PPC may specify in writing, RBI shall have no authority, express or implied, to act on behalf of PPC in any capacity whatsoever as an agent. RBI shall have no authority, express or implied, pursuant to this Agreement to bind PPC 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. RBI and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

RBI 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.

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7.3 Licenses and Permits. RBI represents and warrants to PPC that RBI 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, RBI and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses.

7.4 Nondiscrimination and Equal Opportunity. RBI 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 RBI under this Agreement. RBI 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 RBI thereby.

7.5 Registration and Monitoring. RBI shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as referenced in Labor Code section 1771.1(a) or the exemption set forth in section 1771.1(n). Additionally, RBI is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.6 Prevailing Wage Rates. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit A are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the services described in Exhibit A. In accordance with California Labor Code Section 1773.2, the PPC has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the PPC’s General Services Department and shall be made available on request.

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RBI must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit A. RBI assumes all responsibility for such payments and shall defend, indemnify and hold PPC harmless from any and all claims made by any worker, governmental agency or other third party with regard thereto.

RBI and any subcontractors engaged in performance of the services described in Exhibit A shall comply with Labor Code Section 1775, which establishes a penalty per day for each worker engaged in the performance of the services described in Exhibit A that the RBI or any subcontractors pays less than the specified prevailing wage.

In accordance with Labor Code Section 1776, the RBI and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Such records shall be in kept, maintained and made available in accordance with the requirements of Labor Code Section 1776.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, PPC may cancel this Agreement at any time and without cause upon such written notification to Service Provider. In the event of termination, RBI shall be entitled to compensation for services performed to the effective date of termination; PPC, however, may condition payment of such compensation upon RBI delivering to PPC any or all documents, photographs, computer software, video and audio tapes, and other materials provided to RBI or prepared by or for RBI or PPC 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. PPC and RBI recognize and agree that this Agreement contemplates personal performance by RBI and is based upon a determination of Service Provider’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to PPC for entering into this Agreement was and is the professional reputation and competence of Service Provider. RBI may not assign this Agreement or any interest therein without the prior written approval of the Executive Director, or his or her designee. RBI shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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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 PPC and Service Provider, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Service Provider. If RBI materially breaches any of the terms of this Agreement, PPC’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 RBI pursuant to this Agreement.

8.5.3 Retain a different RB Ito complete the work described in Exhibit A not finished by Service Provider; or

8.5.4 Charge RBI 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 PPC would have paid RBI pursuant to Section 2 if RBI 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. PPC’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of PPC’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Ownership or Work Product. 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 RBI prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the PPC. RBI hereby agrees to deliver those documents to the PPC upon termination of the Agreement, and the PPC may use, reuse or otherwise dispose of the documents without Service Provider’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 PPC and are

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not necessarily suitable for any future or other use. PPC and RBI agree that, until final approval by PPC, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by RBI without prior written approval of PPC.

9.2 Service Provider’s Books and Records. RBI shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the PPC 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 RBI 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 PPC. 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.

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.

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

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

10.7 Solicitation. RBI 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: ROBERTSON-BRYAN,INC
77 West Street
Woodland, CA 95695
ATTN: Bradley Webb

PPC: Pittsburg Power Company
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 PPC and RBI and supersedes all prior Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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negotiations, representations, or agreements, either written or oral. To the extent there are any inconsistences between this Agreement, the Exhibits, and Service Provider’s proposal, the Agreement shall control to the extent there are any inconsistences between the Exhibits and the Service Provider’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.

PITTSBURG POWER COMPANY ROBERTSON-BRYAN,INC

____________________________ __________________________ Maria M. Aliotti, Interim Executive Director Michael Bryan, Ph.D.

President/Managing Partner

Approved as to Form:

____________________________
Donna Mooney, General Counsel

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EXHIBIT A

SCOPE OF SERVICES

This Work Order is issued by PPC to RBI as authorization for work to commence.

The parties agree to perform their respective obligations under this Work Order in accordance with the terms and conditions set forth in this Agreement.

WORK ORDER
(Example)
Work Order No.

This Work Order is issued under and subject to all the terms and conditions of the Professional Services Agreement ("Agreement'), dated as of October 20, 2025 between PPC and RBI. Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

A. SECTION 1: SCOPE OF WORK
The scope of work authorized by this Work Order is summarized in each WORK ORDER issued by PPC to RBI
B. SECTION 2: SCHEDULE
a. The start date shall be [insert date] and the completion date shall be [insert date].
b. Service Provider will perform the services according to the attached schedule. If the schedule calls for the services to be performed in phases or discrete increments, Service Provider shall not proceed from one phase or increment to the next without written authorization from PPC Manager or his or her designee.
c. Service Provider will perform the services according to the schedule contained in Attachment B of this Work Order, which is attached hereto and incorporated herein. If the schedule calls for the services to be performed in phases or discrete increments, Se rvice Provider shall not proceed from one phase or increment to the next without written authorization from the PPC Manager or his or her designee

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C. SECTION 3: ESTIMATED COST AND COMPENSATION
a. All services performed under this Work Order shall be performed on a lump- sum basis, unless as may otherwise be agreed to and documented in this Work (time and material, not to exceed)
b. Compensation for each task shall not exceed the agreed -to amount contained within the Work Order, unless as otherwise may be amended by agreement of the Parties.
c. The total compensation amount of all Work Orders issued under this Agreement must not exceed the $200,000 for the entire term of this Agreement.

By:

Pittsburg Power Company
DATE:

Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

Professional Services Agreement between [10/20/2025]
PPC and Robertson-Bryan, Inc Page 1 of 3

EXHIBIT B

ROBERTSON-BRYAN 2025 FEE SCHEDULE

Robertson-Bryan, Inc. (RBI) will bill PPC for project work performed for PPC at the hourly rates shown below. RBI may increase rates one time each year by no more than the Producer Price Index (PPI) for the engineering consulting service category published by the U.S. Bureau of Labor Statistics (BLS) in the Bay Area.

Professional Services Rate/Hour

 Managing Partner $305.00

 Principal Engineer/Scientist $298.00

 Chief Engineer $268.00

 Resource Director $268.00

 Senior Analyst $242.00

 Power Engineer I $224.00

 Senior Portfolio Manager $208.00

 ISO Specialist $190.00

 Project Analyst II $185.00

 Project Database Analyst II $181.00

 Project Analyst I $178.00

 Project Database Analyst I $175.00

 Staff Analyst II $163.00

 Staff Analyst I $157.00

 Administrative Assistant $107.00

Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

Professional Services Agreement between [10/20/2025]
PPC and Robertson-Bryan, Inc Page 2 of 3

Up to ten percent (10%) of subcontractor charges will be added to cover administrative costs. Hourly rates will be increased by a minimum of fifty percent (50%) for depositions, trials, and hearings. Rates will be adjusted annually, effective December 16th.

2. INVOICING AND PAYMENTS
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.

Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

Professional Services Agreement between [10/20/2025]
PPC and Robertson-Bryan, Inc Page 3 of 3

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.

ROBERTSON-BRYAN,INC

By:

Title: President

Docusign Envelope ID: 59EE45E3-CB7B-49B5-8454-C3E9F87C7CDC

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

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

SUBJECT: Resolution Approving the Application for and/or Execution of Grant Funds From the Ocean Protection Council Under the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of
2006 Proposition 84, Prop 68, Environmental License Plate Funds, Once Through Cooling, Greenhouse Gas Reduction
Fund, or General Funds

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

On June 17, 2025, staff submitted a single-jurisdiction application to the Ocean Protection Council’s (OPC) Senate Bill (SB) 1 Grant Program to support development of the “City of Pittsburg Shoreline Adaptation Plan.” ("Plan") This Plan builds on the County’s regional work under SB 1, but focuses on Pittsburg’s unique shoreline conditions, assets, and community needs, which may not be fully addressed in the broader approach. Although Pittsburg is outside San Francisco Bay Conservation and Development Commission’s (BCDC) jurisdiction and not subject to SB 272 mandates, the City faces similar climate-related risks to those communities within BCDC’s jurisdiction, including sea level rise and shoreline vulnerability. With a low-lying shoreline, environmental justice considerations, and an economy closely tied to waterfront assets, staff determined a tailored planning approach would better support future development and investment along the Pittsburg waterfront. On September 30, 2025, the OPC awarded the City $400,000 to develop the Plan. The City would contribute $25,000 from the Waterfront Enterprise Fund to support development. The OPC funding falls under Track 1, which covers the pre-planning, data collection, and planning phases. Upon successful completion of Track 1 and Council recommendation,

the City would be eligible to apply for Track 2 funding to support implementation and construction of adaptation projects identified in the Shoreline Adaptation Plan.

FISCAL IMPACT

While there is no fiscal impact on the General Fund related to the acceptance of the $400,000 OPC Grant. The City’s Waterfront Enterprise Fund would contribute $25,000 to support the Shoreline Adaptation Plan's development.

RECOMMENDATION

City Council adopt the attached Resolution authorizing the application and receipt of Ocean Protection Council Funding for the development of the City of Pittsburg Shoreline Adaptation Plan.

BACKGROUND

In 2021, Governor Gavin Newsom signed a bill titled coastal resources: Sea Level Rise (SB 1) into law, directing the State to fund local and regional efforts to plan for and adapt to sea level rise. To support this, OPC received $37.5 million in 2022 from the California Air Resources Board and an additional $54.5 million in 2023 for the continued implementation of SB 1. The State’s 2024–25 budget maintained $77 million for OPC’s SB 1 Sea Level Rise Adaptation Planning Grant Program, which aims to provide funding for coastal communities to develop consistent sea level rise adaptation plans and projects to build resilience to sea level rise along the entire coast of California and the San Francisco Bay.

Separately, on October 7, 2023, Governor Newsom approved a bill titled Sea Level Rise:

Planning and Adaptation (SB 272), a law requiring local governments within the BCDC’s jurisdiction to develop a subregional shoreline resiliency plan by January 1, 2034. These plans must use the best available science, assess vulnerabilities, propose adaptation strategies and projects, identify lead agencies, and include a timeline for updates. Local governments with approved plans will receive priority for implementation funding. SB 272 also requires BCDC to establish guidelines for the preparation of the subregional plans by December 31, 2024. BCDC adopted the Regional Shoreline Adaptation Plan (RSAP) guidelines to comply with SB 272 requirements on December 5, 2024.

In March 2024, the County submitted a multi-jurisdictional application to OPC’s SB 1 Grant Program to support the preparation of the Contra Costa Resilient Shoreline Plan (Plan), a sea level rise adaptation plan to ensure the County’s compliance with SB 272.

Through a Memorandum of Understanding (MOU), the County has requested Pittsburg and the eight other East Bay Area shoreline communities participate in informing and engaging the public on this climate adaptation planning effort. Per the terms of the proposed MOU, the County will reimburse the City $6,775 once every six months during the term of the MOU, which ends April 30, 2027, not to exceed $27,100. On June 16, 2025, the City Council considered and adopted this item under Resolution No. 25-14635.

Despite participating in the County’s multi-jurisdictional plan, the City of Pittsburg recognized the need for a localized response to its specific shoreline vulnerabilities and began work on a single-jurisdiction application to OPC.

SUBCOMMITTEE FINDINGS

Acceptance of the OPC SB 1 Grant to develop the City of Pittsburg Shoreline Adaptation Plan was discussed as part of the September 16, 2025, Community and Economic Development Department Subcommittee Meeting. Subcommittee members recommended staff continue with processing the application for formal acceptance before the City Council.

STAFF ANALYSIS

The majority of Pittsburg’s waterfront is privately owned by industrial and commercial uses, many of which are Brownfields with multi-million-dollar remediation cost estimates.

At 4.5 feet of sea level rise, approximately 150 homes would be affected, imposing great cost for public education, equitable relocation, emergency services, and more. Pittsburg’s public shoreline includes two parks, the Pittsburg Municipal Marina, and one predominantly vacant parcel zoned for Marine Commercial use. A series of conditions assessments on the City-owned shoreline infrastructure conducted over the last five years points to tens of millions of dollars in costs for infrastructure resilience along Pittsburg’s public shoreline.

Identification of City-specific climate vulnerabilities and development of pointed solutions funded by this OPC Grant (Track 1), would build on the City’s 2040 General Plan, Sustainability Plan, and Trust Lands Use Plan prior to the anticipated sea level rise, which is prudent. While Pittsburg is outside of BCDC jurisdiction, the development of a BCDC- approved, RSAP-compliant, single-jurisdictional plan will ensure Pittsburg is prioritized for the State’s implementation funding (Track 2) and make Pittsburg more competitive on other resilience implementation grant opportunities.

As part of the development of the City of Pittsburg Shoreline Adaptation Plan, staff must follow a stringent work plan, anticipated to begin in early 2026 and conclude mid-2028.

Below is an overview of the proposed Work Plan, developed intentionally to meet key Grant deadlines.

Work Plan Overview:

The “City of Pittsburg Shoreline Adaptation Plan” project consists of five key tasks, ultimately leading to the development of a sea level rise plan for the City of Pittsburg:
• Task one covers hiring consultants, budget management, reporting, BCDC coordination, and development of RSAP Element A (Planning Processes).

• Task two involves two rounds of community engagement to identify priority areas and develop adaptation strategies, supported by a Community Engagement Plan and Technical Advisory Committee.
• Task three builds on the County’s Vulnerability Assessment with additional Pittsburg-specific analysis to meet RSAP Elements B (Existing Conditions) and C (Vulnerability Assessment).
• Task four focuses on creating RSAP Elements D–G (D. Adaptation Strategies and Pathways, E. Land Use and Policy Plan, and G. Implementation Plan and Funding Strategy), including strategies, policies, funding plans, and priority projects, culminating in a draft and final plan for City Council approval and BCDC review.
• Task five covers preparation of a Programmatic Environmental Impact Report (PEIR) to support implementation, public review, and formal City Council adoption. This task also includes element G, which is the establishment of a sea level rise adaptation project list.

As such, staff recommends that the City Council adopt the attached Resolution authorizing the application and receipt of Ocean Protection Council Funding for the development of the City of Pittsburg Shoreline Adaptation Plan.

Attachments: Proposed Resolution
Proposed Grant Work Plan Timeline OPC SB1

Report Prepared By: Kelsey Gunter, Associate Planner

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Resolution by The City of Pittsburg )
City Council Approving the Application for )
and/or Execution of Grant Funds From the Ocean )
Protection Council Under the Safe Drinking Water, ) RESOLUTION NO. 25- Water Quality and Supply, Flood Control, River )
and Coastal Protection Bond Act Of 2006 )
(Proposition 84), Prop 68, Environmental )
License Plate Funds, Once Through Cooling, )
Greenhouse Gas Reduction Fund, or General Funds)

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and

WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and

WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby grants acceptance of funds awarded by the Ocean Protection Council as further detailed below:

1. If applicable, approves the filing of an application for the City of Pittsburg Shoreline Adaptation Plan to be funded by the Ocean Protection Council and City of Pittsburg Waterfront Budget, as detailed in the proposed Ocean Protection Council Senate Bill 1 Application Packet; and

2. If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and

3. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws,

and, that prior to commencement of the project, all applicable permits will have been obtained; and

4. Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and

5. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

APPROVED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

I, the undersigned, hereby certify that the foregoing Resolution Number ________ was duly adopted by the City of Pittsburg City Council.

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

Attachment 2 - OPC Proposed Grant Work Plan Timeline
Task Deliverable Name Estimated Due Date
Task 1:

Administration
Coordination and
Reporting

1. Initial consultation meeting with BCDC

2. RFP

3. Executed Contract with Consultant Team

4. Second consultation meeting with BCDC

5. Notice of Intent to Prepare a Subregional
Plan; Notice of Preparation of an
Environmental Impact Report

6. Draft of Element A

7. Third consultation meeting with BCDC

8. Quarterly Reports

1. November 2026

2. November 2026

3. January 2027

4. January 2027

5. January 2027

6. March 2027

7. April 2027

8. Quarterly
Task 2:

Community
Engagement

1. Community Engagement Plan

2. Priority Areas and Refined Community
Resources/Assets

3. Community Engagement Materials

4. Community Engagement Summary Progress
Report (1 per round of engagement)

5. Consultation with BCDC

1. March 2027

2. May 2027

3. July 2027

4. September 2027
(ongoing)

5. October 2027
Task 3:

Vulnerability
Assessment
Participation and
Review

1. Receive County’s Vulnerability Assessment

2. Cross-check of RSAP requirements

3. RSAP Draft Element B and C

1. November 2026

2. February 2027

3. October 2027
Task 4: Single-
Jurisdiction SF
Bay Shoreline
Subregional
Adaptation Plan

1. RSAP Draft Element D

2. RSAP Draft Element E

3. RSAP Draft Element F

4. RSAP Draft Element G

5. Single Jurisdiction Adaptation Plan (RSAP
Elements A-G)

1. February 2028

2. March 2028

3. April 2028

4. May 2028

5. June 2028
Task 5: CEQA
Determination
and Local
Adoption

1. Assessment of environmental analysis
pursuant to CEQA

2. Notice of Preparation of Programmatic
Environmental Impact Report

3. Community Scoping Meetings

4. Circulation of Draft Programmatic EIR

5. Circulation of Final Programmatic EIR

6. Staff Reports/Presentation to City Council

7. Filing Notice of Determination

1. November 2026

2. March 2027

3. April 2027

4. June 2028

5. September 2028

6. October 2028

7. November 2028

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

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

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

MEETING DATE: November 17, 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 reflect salary adjustments approved by the City Council on October 20, 2025 for classifications represented by Police Managers’ Group (PMG) and the newly established Payroll Supervisor salary range. Additionally, the salary schedule includes a change to the City Attorney’s salary approved by the City Council on October 2, 2023.

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

Staff Report Prepared By: Griselda Clift, Senior Human Resources Analyst

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 Police Managers’ Group, City Attorney’s salary adjustment, and Payroll Supervisor salary range.

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.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

Draft City of Pittsburg
Monthly Salary Schedule
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 9/1/2025 23,446 23,446 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 1 of 5
FY 2025/2026
City Council Approved 8/18/2025

Draft City of Pittsburg
Monthly Salary Schedule
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
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 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 2 of 5
FY 2025/2026
City Council Approved 8/18/2025

Draft City of Pittsburg
Monthly Salary Schedule
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
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 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 Payroll Supervisor 745 10/20/2025 8,570 8,999 9,449 9,921 10,417 10,567 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 7/7/2025 16,950 17,797 18,687 19,621 20,602 21,632 24,877 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 3 of 5
FY 2025/2026
City Council Approved 8/18/2025

Draft City of Pittsburg
Monthly Salary Schedule
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Police Lieutenant 640 7/7/2025 14,776 15,515 16,290 17,105 17,960 18,858 22,441 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 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 15,976 IBEW 4 of 5
FY 2025/2026
City Council Approved 8/18/2025

Draft City of Pittsburg
Monthly Salary Schedule
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives UNIT
Utility Lineworker 742 7/6/2025 8,870 9,314 9,779 10,268 10,782 11,429 IBEW Utility Maintenance Worker 312 7/6/2025 6,758 7,096 7,451 7,823 8,214 8,707 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 14,524 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 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 13,839 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 and City Treasurer 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 *This classification is y-rated
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: Maria M. Aliotti - Interim City Manager

SUBJECT: Adoption of a City Council Resolution to Approve the Master Joint Use Agreement between the City of Pittsburg and
Pittsburg Unified School District

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

The City of Pittsburg (City) and the Pittsburg Unified School District (District) propose to enter into a Master Use Agreement for the joint use of each agency’s facilities. Under the agreement, the District and the City will be permitted to use each other’s facilities and active use areas for municipal recreational and educational purposes as long as the uses do not conflict with other events or activities.

FISCAL IMPACT

No fiscal impact is anticipated with the City and the District exercising their rights under this agreement related to the shared use of their respective facilities.

RECOMMENDATION

City Council adopt the resolution approving the Master Use Agreement.

BACKGROUND

The City and the District have historically benefited from the shared use of their respective facilities. Facilities unique to and available for each agency, enabled the expansion of recreational and educational programming for residents of Pittsburg. This

was accomplished through the Master Agreement Regarding Joint Use of Facilities dated January 5, 2004 between the City and District.

On October 11, 2006, by Resolution 06-10606, the City and District executed the agreement regarding the financing, construction, and joint use of the athletic field, gymnasium, auditorium, and parking structure at Marina Vista Elementary School, which was subsequently amended on June 24, 2009 by Resolution 09-11269. This agreement expires on August 31, 2027.

On June 15, 2008, the City and District executed the Master Agreement Regarding the Joint Use of Facilities, allowing for both agencies to maximize use of their respective facilities.

On March 24, 2010, by Resolution 10-11399, the City and District executed the agreement regarding the financing, construction, and joint use of the athletic field at Hillview Junior High School. This agreement expires December 31, 2035.

On July 6, 2015, by Resolution 15-13078, the City Council authorized the execution of an agreement with the District for the joint use of facilities for recreation and education purposes. The term of the agreement was five years, with options to extend for additional, successive five-year terms.

SUBCOMMITTEE FINDINGS

The joint use of facilities and the existing agreements were discussed during the City and District's 2x2 meetings, where City and District officials met with each other on March 24, 2025 and July 3, 2025.

STAFF ANALYSIS

The City and District are operating under five separate joint use agreements with varied and overlapping terms and conditions. Staff from the City and the District negotiated the attached agreement, which continues each agency’s ability to offer expanded and varied recreational and educational programming, while consolidating the terms and conditions of the agreements into one comprehensive document. This Master Use Agreement will supersede and replace all use agreements, which include but are not limited to: the 2024 Master Agreement, the Marina Vista Agreement, the 2008 Master Agreement, the Hillview Junior High Agreement, and the 2015 Master Agreement, with the exception of the John S. Bryant Joint Use Agreement. The John S. Bryant Joint Use Agreement, dated March 5, 2007, will remain in full force. The term of the Master Use Agreement is five years, with options to extend for additional, successive five-year terms.

According to the terms of this Master Use Agreement, each agency may use the other’s facilities without paying standard facility/staff fees as long as such use does not conflict with the regular conduct of each agency’s events or activities. The Master Use Agreement covers a variety of facilities, such as buildings, classrooms, multi-use

rooms, auditoriums, ball fields, tennis courts, restrooms, swimming pools, and gymnasiums, and sets forth the authority, responsibility and obligations of the City and the District when facilities are used. Third party use of agency facilities will be handled by the respective agency.

Staff recommends approval of the agreement, which allows for the continuation of a collaborative relationship between the City and District, while defining expectations and responsibilities.

ATTACHMENTS: Resolution
Master Use Agreement

Report Prepared By: Kolette Simonton, Director of Recreation

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the City Manager to Execute )
The Master Joint Use Agreement Between) RESOLUTION NO. 25- The City of Pittsburg And Pittsburg Unified)
School District )

WHEREAS, the City of Pittsburg (City) and Pittsburg Unified School District (District) propose to enter into a Master Use Agreement for the joint use of each agency’s facilities without charging standard facility use rates; and

WHEREAS, the City and District are operating under five separate joint use agreements with varied and overlapping terms and conditions; and

WHEREAS, a Master Joint Use Agreement between the two agencies will improve the diversity of recreation and athletic programs offered in the community; and

WHEREAS, City and District staff have negotiated and agreed to terms for an agreement; and

WHEREAS, the term of the agreement is for a period of five years, with options for extensions of successive five-year terms; and

WHEREAS, under terms of the agreement, each agency may use the other’s facilities without paying standard facility/staff fees as long as such use does not conflict with the regular conduct of each agency’s events or activities; and

WHEREAS, the agreement covers facilities that include buildings, classrooms, multi-use rooms, auditoriums, ball fields, tennis courts, restrooms, swimming pools, and gymnasiums, and sets forth the authority, responsibility, and obligations of the City and the District in the use of their respective facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Master Joint Use Agreement between the City of Pittsburg and the Pittsburg Unified School District.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

COP-PUSD Joint MOU 2025 1

MASTER USE AGREEMENT BETWEEN CITY OF PITTSBURG AND

THE PITTSBURG UNIFIED SCHOOL DISTRICT REGARDING THE JOINT USE OF FACILITIES This Joint Use Agreement (“Agreement”) is dated as of ______, 2025, by and between the City of Pittsburg, a municipal corporation (hereinafter referred to as “City”) and the Pittsburg Unified School District, a California public school district, (hereinafter referred to as “District”) (collectively referred to as the "Parties").

The purpose of this Agreement is to set forth the authority, responsibility and obligation of the City and the District in the joint use of certain District and City facilities identified herein.

RECITALS
WHEREAS, District is the owner of real property and improvements thereon in the City of Pittsburg, including facilities and active use areas which are capable of being used by City for municipal recreational and educational purposes; and
WHEREAS, City is the owner of public parks and recreational facilities in the City of Pittsburg which are capable of being used by District for educational and recreational purposes; and WHEREAS, the use of City or District facilities shall be subject to established rules and regulations set forth by each public entity. The City shall comply with all requirements of the California State Education Code in the use of school facilities as set forth in Education Code Section 38130 – 38139 and any other applicable laws or regulations; and
WHEREAS, the Parties previously executed the Master Agreement Between City of Pittsburg and the Pittsburg Unified School District Regarding the Joint Use of Facilities, dated January 5, 2004 ("2004 Master Agreement"); and
WHEREAS, the Parties previously executed the Agreement Between City of Pittsburg and Pittsburg Unified School District Regarding Financing, Construction, and Joint Use of Athletic Field, Gymnasium, Auditorium, and Parking Structure at Marina Vista Elementa ry School, dated October, 11, 2006 and subsequently amended said agreement on June 24, 2009 (collectively, the "Marina Vista Agreement"); and
WHEREAS, the Parties previously executed the Heights School (John S. Bryant) Park Joint Use Agreement Between Pittsburg Unified School District and the City of Pittsburg ("Bryant Park Agreement"); and
WHEREAS, the Parties previously executed the Master Agreement Between City of Pittsburg and Pittsburg Unified School District Regarding the Joint Use of Facilities, dated June 15, 2008 ("2008 Master Agreement"); and
WHEREAS, the Parties previously executed the Agreement Between City of Pittsburg and Pittsburg Unified School District Regarding Financing, Construction, and Joint Use of Athletic Field at Hillview Junior High School, dated March 24, 2010 ("Hillview Junior High Agreement"); and

COP-PUSD Joint MOU 2025 2
WHEREAS, the Parties previously executed the Master Agreement Between City of Pittsburg and Pittsburg Unified School District Regarding the Joint Use of Facilities, ("2015 Master Agreement"); and WHEREAS, the Parties now wish to consolidate the terms and conditions of the 2004 Master Agreement, the Marina Vista Agreement, the 2008 Master Agreement, the Hillview Junior High Agreement, and the 2015 Master Agreement into one document.

NOW, THEREFORE, in consideration of the collaborative agreements herein contained, the parties hereto agree as follows:

A. Purpose

1. This Agreement shall supersede and replace entirely the 2004 Master Agreement, the Marina Vista Agreement, the 2008 Master Agreement, the Hillview Junior High Agreement, and the 2015 Master Agreement.

a. The Parties agree and acknowledge that any early termination penalty provided for in the 2004 Master Agreement, the Marina Vista Agreement, the 2008 Master Agreement, the Hillview Junior High Agreement, or the 2015 Master Agreement shall not be effective, and no party shall have any rights or remedies available at law to compel the performance of any such early termination provision provided for therein. The District shall not be required to pay such amounts contemplated by any of the foregoing agreements.

b. The City shall disburse all funds currently managed under a joint fund pursuant to the Marina Vista Agreement or the Hillview Junior High Agreement, to the District for the purpose of improving or replacing those District athletic fields. Parties agree and acknowledge that the amount of funds held in the joint fund is approximately nine hundred thousand dollars ($900,000) , and that such funds shall be disbursed to District within 30 days of the execution of this Agreement.

2. The Bryant Park Agreement shall continue to remain effective as a standalone agreement pursuant to the terms and conditions stated therein.

B. Term and Commencement
This Agreement shall commence as of the date in which the latter of City or District execute this Agreement (“Effective Date”) , and shall continue for a period of five (5) years, unless sooner terminated as provided for hereinafter in Section O. This Agreement may be renewed for successive five (5) year terms as long as neither part is in default. Such renewal will be deemed automatic unless the Agreement is sooner terminated as provided for hereinafter in Section O, or upon written notice of intent not to renew , given to the other party at least 30 days prior to the expiration of the Agreement.

COP-PUSD Joint MOU 2025 3
C. Facilities Covered
The term “Facilities” for the purpose of this Agreement means any buildings, classrooms, multi -use rooms, auditoriums, gymnasiums, tennis courts, and restrooms. This Agreement includes the Buchanan Swim Center during its spring through fall operating seas on. The term “Active Use Areas” as used in this Agreement means any ball fields, playgrounds and parking lots. This Agreement and its terms shall only apply to the Facilities and Active Use Areas in the City, owned by the City or District, and set forth in Exhibit “A”. For clarity and avoidance of doubt, this Agreement shall not apply to the Pittsburg Youth Development Center, any third-party operated City-owned facility, nor any third-party operated District facility.

D. Permitted Uses of Facilities and Active Use Areas

1. District will permit City to use District Facilities and Active Use Areas for municipal recreational and educational events and activities that are run by the City staff, and not a third party, as long as such use does not conflict with the regular conduct of District events or activities. (“City Permitted Use”).

2. City will permit District to use City Facilities and Active Use Areas for District educational and recreational activities, as long as such use does not conflict with the regular conduct of park, recreational and municipal service activities sponsored by City (“District Permitted Use”).

3. Events and activities run by third parties (“Third Party Use”) shall not be considered City Permitted Use or District Permitted Use.

E. Scheduling Use of Facilities

1. To avoid scheduling conflicts between District and City use, Facilities and Active Use Areas use dates shall be scheduled semi-annually on or around January 3 and June 1. When possible, priority shall be given as follows:

For District Facilities
a. District recreational activities/events
b. City recreational activities/events
c. Youth activities
d. Adult and other private usage

For City Facilities
a. City recreational activities/events
b. District recreational activities/events
c. Youth activities
d. Adult and other private usage

2. As part of the semi-annual scheduling process, City and District shall meet to review, update, and coordinate facility use to the extent possible.

COP-PUSD Joint MOU 2025 4

3. City and District will provide the other with a minimum of thirty (30) calendar days written notice when canceling previously approved use dates for Facilities and Active Use Areas. If either the City or District must cancel any previously approved reserva tion, the canceling party shall make a reasonable effort to provide an appropriate alternative reservation site (cancellations due to Bay Valley Athletic League (B.V.A.L.) practice or games are excluded from this provision).

F. Collection of Fees

1. For Permitted City and District Uses
a. The District shall not charge the City for any City Permitted Use of District Facilities and Active Use Areas. The City shall compensate the District for any staff overtime costs or req uired additional staff it may incur to accommodate the City's programming schedule. b. The City shall not charge the District for any District Permitted Use of City Facilities and Active Use Areas. The District shall compensate the City for any staff overtime costs or required additional staff it may incur to accommodate the District's programming schedule.

2. For Third Party Uses
a. As allowable under applicable law, the District and the City may each charge admissions and use fees for third party use of their respective Facilities and Active Use Areas covered by this Agreement.
b. Revenues derived from such third-party fees shall be retained and used at the sole discretion of the respective agency that owns the facility or use area and charged and collected them. c. Where the City or District uses the other’s facilities to host programs run by their own staff (e.g. City recreation program), user fees charged as a condition of participating in such program may be retained by the agency hosting the program.
d. Any third party use of District Facilities and Active Use Areas shall be subject to the Civic Center Act. The City shall not charge third parties for use of District Facilities and Active Use Areas. If the City facilitates or coordinates such third party use, any applicable fees shall be charged and collected solely by the District.

G. Obligations of the City
During the term of this Agreement, City hereby covenants and agrees to the following:

1. Upon the expiration of the term of this Agreement, or upon the sooner termination thereof, and when surrendered, City will leave the District Facilities and District Active Use Areas in as good order and condition as District Facilities and District Active Use Areas were at the beginning of the term of this Agreement, reasonable wear and tear excepted.

COP-PUSD Joint MOU 2025 5

2. City shall be responsible for the custodial service necessary to keep City Facilities and City Active Use Areas in a neat, orderly, and sanitary condition at all times during use thereof under this Agreement.

3. City shall appoint an employee with whom District, or any other authorized agent of District, may confer regarding the terms of this Agreement.

4. City shall enforce all District rules, regulations, and policies provided by the District while directing municipal recreational and educational activities on District Facilities and District Active Use Areas.

5. City shall provide sufficient supervision to control activities/programs sponsored by the City at District Facilities and District Active Use Areas.

6. Except as otherwise expressly provided in this Agreement , City shall perform the normal routine maintenance of its own City Facilities and City Active Use Areas.

7. City shall be responsible for any damages to District Facilities and/or Active Use Areas, other than normal wear and tear, arising from their use by City under this Agreement.

H. Obligations of the District
Except as otherwise expressly provided for in this Agreement, District hereby covenants and agrees to the following:

1. Upon the expiration of the term of this Agreement, or upon the sooner termination thereof, and when surrendered, District will leave the City Facilities and City Active Use Areas in as good order and condition as City Facilities and City Active Use Areas were at the beginning of the term of this Agreement, reasonable wear and tear excepted.

2. District shall be responsible for the custodial service necessary to keep District Facilities and District Active Use Areas in a neat, orderly, and sanitary condition at all times during use thereof under this Agreement.

3. District shall appoint an employee with whom City, or any other authorized agent of City, may confer regarding the terms of this Agreement.

4. District shall enforce all City rules, regulations, and policies provided by the City while directing community recreational and educational activities on City Facilities and City Active Use Areas.

5. District shall provide sufficient supervision to control activities/programs sponsored by the District at City Facilities and City Active Use Areas.

6. Except as otherwise expressly provided in this Agreement , District shall perform the normal routine maintenance of its own District Facilities and District Active Use Areas.

7. District shall be responsible for any damages to City Facilities and/or Active Use Areas, other than

COP-PUSD Joint MOU 2025 6
normal wear and tear, arising from their use by District under this Agreement.

8. District shall notify the City when reconfiguring fields or parking lots or placing portables on existing District sites at least thirty (30) days prior to doing such.

I. Operational Costs

1. The Parties recognize that that the normal, routine maintenance of the respective Facilities and/or Active Use Areas shall remain the responsibility of the party which owns the Facilities and/or Active Use Area.

2. The Parties will make reasonable efforts to leave the respective Facilities and/or Active Use Areas in the same condition as at the time of use, and to advise the other party of any condition requiring maintenance and/or attention.

J. Additional Improvements

1. Each party will obtain prior written consent of the other party to make any alterations, additions, or improvements to the Facilities and/or Active Use Areas owned by the other party. Each party understands that any such alterations, additions or improveme nts on the other party’s property must comply with all applicable state and local standards.

2. Any such alterations, additions, or improvements will be at the expense of the requesting party, unless otherwise agreed upon in writing. Upon any agreed installation of such alterations, additions or improvements, the parties will agree in writing as to w hether such alterations, additions or improvements will become permanent fixtures or whether such alterations, additions or improvements shall remain the property of the installing party and will be removed upon the termination of this Agreement. In the event such alterations, additions or improvements are removed, the removing party shall be responsible for returning the property to the same condition as before the installation of any such alterations, additions or improvements, subject to reasonable wear and tear.

3. Notwithstanding section 2 above, each party may, for good cause, require the demolition or removal of any alterations, additions, or improvements made by the other party pursuant to this Agreement at the expiration or termination of this Agreement. “Good cause” includes reasons of health, safety, or the District’s need for the District Facilities and/or District Active Use Areas for educational purposes or the City’s need for the City Facilities an d/or City Active Use Areas for municipal purposes. The party requesting such demolition or removal must provide written notice to the other party within ten (10) days of the expiration or termination of this Agreement and the installing party will be required to remove any alterations, additions or improvements at its sole cost and expense.

4. Each party shall have the right to make emergency repairs on any improvements made by the other and each party agrees to split 50:50, or evenly, the cost of such emergency repairs. The

COP-PUSD Joint MOU 2025 7
party making such repairs shall give written notice to the other party within five (5) days of initiating such repairs.

K. Insurance, Liabilities and Indemnification

1. City and District shall indemnify and hold harmless from liability the other party, its officers, agents, servants or employees while acting as such from all damages, costs or expenses which any of them shall become obligated to pay by reason of any liability imposed by law because of injury or death of any person received or suffered by reason of operation of each party of its own program upon said property, except as caused by the sole or gross negligence of the party causing the liability. Each party hereto shall take ou t a policy of liability insurance or establish a self - insurance program in the manner provided by law. City and District both agree to separately maintain General Liability Insurance, or similar coverage, covering the Facilities and Active Use Areas described in this Agreement with minimum limits of $1,000,000 per occurrence, bodily injury and property damage during the life of this Agreement. City and District further agree to separately maintain Workers’ Compensation Insurance respectively covering their own employees.

2. City and District shall each be solely responsible for first party property insurance on the properties separately owned by them. The entity holding said first party property insurance shall be solely entitled to recovery of any proceeds of said insurance in the event of loss.

3. District shall maintain property insurance coverage for all District Facilities and District Active Use Areas. City shall maintain property insurance coverage for all City Facilities and City Active Use Areas.

4. Each party shall promptly notify the other party in writing of any claims or potential liabilities under this Section K.

L. Assignments and Sublease
Neither the City nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other party.

M. Notices
All notices, statements, demands, request, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other will be in writing and will be deemed given and served upon the other party, if delivered personally or thr ee (3) days after depositing in the United States mail, postage prepaid, addressed to:

City: City of Pittsburg
Attn: City Manager
65 Civic Avenue
Pittsburg, California 94565

COP-PUSD Joint MOU 2025 8
With a copy to:

District: Pittsburg Unified School District
Attn. School District Superintendent
2000 Railroad Avenue
Pittsburg, CA 94565
With a copy to: Fagen Friedman & Fulfrost
Attn: James Traber
621 Capitol Mall, Suite 1525
Sacramento, CA 95814
N. Amendment
The agreement may be amended, modified or changed by the parties provided that the amendment, modification or change is in writing and is executed by both parties.

O. Termination

1. This Agreement may be terminated, without cause, as to one site or all site at any time during the term hereof by either party of this Agreement upon 90 days’ written notice to the other party.

2. If this Agreement is terminated by District prior to its expiration, and City has made permanent improvements to any District Facilities and/or District Active Use Areas, District agrees to allow City to use those District Facilities and/or District Active Use Areas for a period of one (1) year from the date of the early termination of this Agreement. Such use will be pursuant to the provisions of this Agreement.

P. Severability and Applicable Law
Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is found to be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the state of California and the laws of said State will govern the validity and interpretation hereof and the performance hereunder by the parties herein.

Q. Entire Agreement
This Agreement contains the entire Agreement between the parties hereto. No promise, representation, warranty or covenant not included in the Agreement has been or is relied on by and between the parties hereto.

R. Waiver
The failure of City or District to insist upon strict performance of any of the terms, conditions, or

COP-PUSD Joint MOU 2025 9
covenants in this Agreement will not be deemed a waiver of any right or remedy which City or District may have and will not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.

S. Binding Effect
This Agreement and all terms, covenants, conditions and agreements herein contained will be binding upon and inure to the benefit of the parties hereto and their respective successors.

T. Construction of Agreement
Each of the parties has had an equal opportunity to participate in the review and drafting of this Agreement. Thus, the usual construction of an agreement against the drafting party shall not apply U. Counterparts
This Agreement may be executed in separate counterparts, the whole of which shall constitute a binding agreement. Facsimile and email/PDF signatures, when received, shall have the same force and effect as original signatures.
[Signatures on Next Page]

COP-PUSD Joint MOU 2025 10
IN WITNESS WHEREOF, the parties have duly executed this Agreement on the day and year first written above.

CITY OF PITTSBURG, PITTSBURG UNIFIED SCHOOL DISTRICT, a Municipal Corporation a California School District

Superintendent

Date
City Manager Date

APPROVED AS TO FORM:

Attorney for District

Attorney for City

ATTEST:

City Clerk

COP-PUSD Joint MOU 2025 11
Exhibit “A”
(Listing of Facility and Active Use Areas)
City of Pittsburg included Facilities and Active Use Areas include:
• Buchanan Swim Center
• Buchanan Park Picnic Areas
• City Park Baseball and Soccer Fields
• Pittsburg Senior Community Center
• Highlands Ranch Park Reserved Picnic Area
• Central Park Reserved Picnic Areas and Soccer Fields
• Field of Dreams (Pittsburg Premier Fields)
Pittsburg Unified School District included Facilities and Active Use Areas include:
• Creative Arts Facilities
• All Junior High School Playgrounds, Athletic Fields and Gymnasiums • All Elementary School Playgrounds, Athletic Fields and Gymnasiums • All High School Playgrounds, Athletic Fields and Gymnasiums • Marina Vista Elementary Facilities
• Hillview Junior High Facilities

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

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

SUBJECT: Adoption of Two City Council Resolutions: (1) Authorizing the City Manager to Execute a Settlement Agreement with the Center for Biological Diversity and (2) Requiring Subsequent Environmental Review under the California Environmental Quality Act for Potential Future Phases of the Pittsburg Technology Park Specific Plan

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

This is a request to adopt two resolutions: (1) authorizing the City Manager to execute a Settlement Agreement with the Center for Biological Diversity and (2) requiring subsequent environmental review under the California Environmental Quality Act (CEQA) for potential future phases of the Pittsburg Technology Park Specific Plan.

FISCAL IMPACT

There is no impact to the General Fund if this resolution is approved.

RECOMMENDATION

City Council take the following actions:

1. Adopt a resolution (Attachment 1) authorizing the City Manager to execute a Settlement Agreement with the Center for Biological Diversity; and

2. Adopt a resolution (Attachment 2) requiring subsequent environmental review under CEQA for potential future phases of the Pittsburg Technology Park Specific Plan.

BACKGROUND

On November 4, 2024, the City Council unanimously adopted Resolution 24-14560, which: 1) certified the Final Program Environmental Impact Report (PEIR) for the Pittsburg Technology Park Specific Plan (Project) and adopted the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP), and approved the Vesting Tentative Map for a Major Subdivision for the Project; and 2) waived a further reading, and passed to second reading, an ordinance assigning zoning of PD (Planned Development) District to properties located within the Pittsburg Technology Park Specific Plan Area and adopted the Project.

The Project involves a phased, master planned development with three construction phases, with Phase I assumed to involve a 347,000 square foot data center on 22 acres, Phase II involving a 368,551 square foot development on 29 acres, and Phase III involving a 392,567 square foot development on 25 acres.

The current Pittsburg 2040 General Plan land use designation of the Project site as “Employment Center Industrial” and the current zoning designation of the Project site as PD-1527 (Planned Development Ordinance No. 24-1527) allows for any Project phase to include high-traffic manufacturing and distribution warehouses or data centers, which have yet to be determined.

On December 2, 2024, the Center for Biological Diversity (CBD) filed a lawsuit challenging the City’s Project Approvals and certification of the PEIR, alleging violations of CEQA, in an action entitled Center for Biological Diversity, et al. v. City of Pittsburg, et al., (Contra Costa County Superior Court Case No. N24-2162).

Those parties to the lawsuit, including the City, the Property Owner and CBD, have now identified mutually agreeable terms to resolve and settle the claims in the lawsuit, including mitigation for any potential data center constructed as part of Phase I of the Project, as well as the commitment to bring forth for City Council consideration a resolution requiring future environmental review for warehouse/logistics uses during any Project phase.

SUBCOMMITTEE FINDINGS

This item was not reviewed by a subcommittee.

STAFF ANALYSIS

To resolve pending litigation, staff recommends City Council adopt two resolutions: (1) authorizing the City Manager to execute the Settlement Agreement and (2) requiring

subsequent environmental review under CEQA for potential future phases of the Pittsburg Technology Park Specific Plan.

The Settlement Agreement, which is an exhibit to Attachment 1, commits the City to requiring any data center as part of Phase I of the Project to include specified mitigation measures related to building design, rooftop solar, construction measures, renewable energy, GHG mitigation funding, recycled water and biological mitigation.

The second resolution, Attachment 2, requires the City to conduct subsequent environmental review under CEQA in advance of or concurrently with any potential approval of a discretionary entitlement for any future warehouse/logistics center proposed as part of Phase II or III of the Project.

The settlement is consistent with the City’s Sustainability Plan and provides additional certainty for Project implementation while aligning the Project with the City’s environmental commitments.

ATTACHMENTS:

1. Resolution Authorizing the City Manager to Execute a Settlement Agreement with the Center for Biological Diversity
A. Exhibit A - Settlement Agreement

2. Resolution Requiring Subsequent Environmental Review under CEQA for Potential Future Phases of the Pittsburg Technology Park Specific Plan

Prepared by: Alison Spells, Senior Planner

Resolution No. 25- Page 1 of 2 November 17, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the City Manager to Execute )
Settlement Agreement with the Center ) RESOLUTION NO. 25- For Biological Diversity )

WHEREAS, on November 4, 2024, the City of Pittsburg certified an environmental impact report (“EIR”) and approved certain entitlements (“Project Approvals”) for the Pittsburg Technology Park Specific Plan (“Project”) sought by Pittsburg Data Hub, LLC (“PDH”) and AVAIO Digital Partners I, LLC (“ADP”) on approximately 76 acres of land owned by PDH and located in the City, along the Contra Costa Canal; and

WHEREAS, the Project involves a phased, master planned development with three construction phases, with Phase I assumed to involve an approximately 347,000 square foot data center on approximately 22 acres, Phase II anticipated to involve an approximately 368,551 square foot development on approximately 29 acres, and Phase III anticipated to involve an approximately 392,567 square foot development on approximately 25 acres; and

WHEREAS, on December 2, 2024, the Center for Biological Diversity (“CBD”) filed a lawsuit challenging the City’s Project Approvals and certification of the Final EIR, alleging violations of the California Environmental Quality Act (“CEQA”), in an action entitled Center for Biological Diversity, et al. v. City of Pittsburg, et al., (Contra Costa County Superior Court Case No. N24-2162) (the “Lawsuit”); and

WHEREAS, the Parties to the Lawsuit have identified mutually agreeable terms to resolve and settle the claims in the Lawsuit, including mitigation for any potential data center constructed as part of Phase I of the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Settlement Agreement as substantially presented in Exhibit A to this Resolution, and authorizes the City Manager to approve minor, non-substantive amendments to the final Settlement Agreement.

Resolution No. 25- Page 2 of 2 November 17, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

Resolution No. 25- Page 1 of 2 November 17, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Subsequent Environmental Review )
Under CEQA for Potential Future ) RESOLUTION NO. 25- Phases of the Pittsburg Technology )
Park Specific Plan )

WHEREAS, on November 4, 2024, the City Council unanimously adopted Resolution 24-14560, which (1) certified the Final Program Environmental Impact Report (“Program EIR”) for the Pittsburg Technology Park Specific Plan (“Project”) and adopted the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (“MMRP”), and approved the Vesting Tentative Map for a Major Subdivision for the Project; and (2) waived a further reading, and passed to second reading, an ordinance assigning zoning of PD (Planned Development) District to properties located within the Pittsburg Technology Park Specific Plan Area and adopted the Project; and

WHEREAS, the Project involves a phased, master planned development with three construction phases, with Phase I “assumed” to involve a 347,000 square foot data center on 22 acres, Phase II involving a 368,551 square foot development on 29 acres, and Phase III involving a 392,567 square foot development on 25 acres; and

WHEREAS, the General Plan’s land use designation of the Project site as “Employment Center Industrial” and the City’s rezoning of the Project site to “Planned Development” allows for any Project phase to include high-traffic manufacturing and distribution warehouses or data centers, which have yet to be determined; and

WHEREAS, given the conceptual nature of future build out of the Plan Area described in the Specific Plan, the EIR prepared for the Project was a Program EIR, pursuant to the definition of Program EIR in CEQA Guidelines Section 15168; and

WHEREAS, the prior Resolution 24-14560 stated that additional environmental review under CEQA only “may be” required for future development projects depending on the project’s consistency with the Specific Plan and the analysis in the Program EIR, as required under CEQA; and

WHEREAS, the City Council now proposes to adopt this Resolution addressing the environmental review for any future warehouse/logistics center proposed to occur in any phase of the Project.

NOW, THEREFORE, the City Council of the City of Pittsburg does hereby find, determine, conclude and resolve as follows:

Section 1. The City shall prepare or require an environmental impact report in advance of any potential approval of a discretionary entitlement for any future

Resolution No. 25- Page 2 of 2 November 17, 2025
warehouse/logistics center for any phase of the Project, and shall not approve such entitlement until the environmental impact report has been or concurrently is certified.

While subsequent environmental impact reports may incorporate by reference sections of the previously certified Program EIR, the City Council now directs that review of warehouse/logistics centers may not rely on the conclusions contained in the Program EIR. Rather, environmental analysis for any warehouse/logistics centers proposed and requiring discretionary approvals must specifically analyze a proposed warehouse/logistics project. The City shall not consider the impacts of a warehouse/logistics center to have been addressed, evaluated, or mitigated by the previously adopted EIR.

Section 2. The facts set forth in the Recitals of this Resolution are true and correct.

Section 3. The City Manager, or designee, is hereby authorized and directed to take all actions necessary or advisable to carry out this Resolution.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council.

Section 5. The City Clerk of the City of Pittsburg shall certify the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

1 SETTLEMENT AGREEMENT

The parties to this Settlement Agreement (“Agreement”) are the City of Pittsburg, California and the Pittsburg City Council (“City”); Pittsburg Data Hub, LLC (“Owner” or “PDH”); and A V AIO Digital Partners I, LLC (“ADP”); and the Center for Biological Diversity (“Center”). The City, PDH, ADP, and the Center may be referred to herein collectively as the “Parties” and individually as a “Party.”1

RECITALS
WHEREAS, On November 4, 2024, the City of Pittsburg certified an environmental impact report (“EIR”) and approved certain entitlements (“Project Approvals”) for the Pittsburg Technology Park Specific Plan (“Project”) sought by PDH on approximately 76 acres of land owned by PDH and located in the City along the Contra Costa Canal, as more particularly described in Exhibit 1, attached hereto (“Property”). PDH is the owner of the Property, the “Project Applicant” listed on the City’s November 5, 2024 , Notice of Determination for the Project , and the sole recipient of the Project Approvals;

WHEREAS, The Project involves a phased, master planned development with three construction phases, with Phase I “assumed” to involve an approximately 347,000 square foot data center on approximately 22 acres, Phase II anticipated to involve an approximately 368,551 square foot development on approximately 29 acres, and Phase III anticipated to involve an approximately 392,567 square foot development on approximately 25 acres, as described in Exhibit 1. “Phase I,” “Phase II,” and “Phase III,” as used in this Agreement shall refer to the phases of the Project as further defined and described in Exhibit 1. The Project site’s land use designation of “Employment Center Industrial” allows for any Project phase to include manufacturing and distribution warehouses or data centers, which have yet to be determined;

WHEREAS, On December 2, 2024, the Center filed a lawsuit challenging the City’s Project Approvals and certification of the Final EIR , alleging violations of the California Environmental Quality Act (“CEQA”), in an action entitled Center for Biological Diversity, et al. v. City of Pittsburg , et al., (Contra Costa County Superior Court Case No. N24-2162) (the “Lawsuit”);

WHEREAS, The Parties have now identified mutually agreeable terms to resolve and settle the claims in the Lawsuit, including enhanced mitigation for the Project’s greenhouse gas (“GHG”) impacts, air quality impacts, biological resources impacts, water and energy demand impacts, and noise impacts; as well as a resolution to be presented to and considered for adoption with City

1 As used in this Agreement, a “Party” includes the officers, governing boards, agents, and employees of that Party. “Party” does not include the members of any membership organization that is a Party who are not also officers, members of the governing board, agents, or employees of the Party.

2 staff’s recommendation by the City Council of the City to require future environmental review for warehouse/logistics uses during any Project phase;

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Acknowledgement of Required Further Environmental Review.

1.1 Further Environmental Review. The Parties agree that future environmental review shall be required prior to any City approval of a discretionary entitlement required for any future warehouse/logistics center proposed as part of Phase II and Phase III of the Project. As described in more particularity in this Section below, City staff will present for the City Council’s review and consideration, and with the recommendation of City staff for approval, a resolution requiring such future environmental review for any proposed warehouse/logistics center. Upon the Implementation Date, the Center agrees to dismiss and/or resolve the Lawsuit with prejudice.

1.2 Contingency and Implementation. This Agreement is effective immediately, but the Center’s obligations are contingent upon the occurrence of the Implementation Date (defined below) and are immediately effective upon such date.

1.2.1 Future Review Resolution: The “Future Review Resolution” shall be the City’s due and final adoption of a resolution substantially identical to the resolution attached to this Agreement as Exhibit 2.

The Future Review Resolution would commit the City to preparing or requiring an environmental impact report to be certified in advance of or concurrently with any potential approval of a discretionary entitlement for any future warehouse/logistics center in any phase. The Future Review Resolution shall include: (1) a provision providing that, while subsequent environmental impact reports may incorporate by reference sections of the current EIR, the City may not rely on the current EIR’s conclusions and must update each section to specifically analyze a proposed
warehouse/logistics project; and (2) a provision that no potential impacts of a warehouse/logistics center are or will be considered by the City to be fully addressed, evaluated, or mitigated by the current EIR. The Parties acknowledge that Exhibit 2 as drafted satisfies these conditions.

3 1.2.2 Data Center NOD: The “Data Center NOD” shall be the City’s due and final adoption of a MMRP for a Data Center Project (defined below), should that project be approved, that satisfies the City’s permitting obligations set forth in Section 2 below.

1.2.3 Future Review Resolution Adoption Date: The “Future Review Resolution Adoption Date” shall be first to occur of: (i) 91 days following the City’s adoption of the Future Review Resolution, provided there is no legal challenge to the City’s adoption of the Future Review Resolution during the prior 90 days, or (ii) the final dismissal, adjudication, or resolution, without possibility of appeal, of any legal challenge to such Future Review Resolution filed within 90 days of its adoption that does not result in any amendment of the Future Review Resolution inconsistent with the terms of this Agreement.

1.2.4 Data Center NOD Date: The “Data Center NOD Date” shall be the first to occur of: i) 31 days following the City’s adoption of a Notice of Determination for Data Center Project, provided there is no legal challenge to the City’s adoption of the Data Center NOD during the prior 30 days, or (ii) the final dismissal, adjudication, or resolution, without possibility of appeal, of any timely legal challenge to such Data Center NOD that does not result in any amendment of the Data Center NOD inconsistent with the terms of this Agreement .

1.2.5 Implementation Date: The “Implementation Date” shall be the first date on which both the Future Review Resolution Adoption Date and the Data Center NOD Date have occurred.

1.3 Dismissal. Within 15 days of the Implementation Date, the City or Owner shall give the Center notice that the Implementation Date has passed. Within 15 days of such notice, the Center shall file a request to dismiss the Lawsuit with prejudice. The Parties shall cooperate with each other in good faith to take any and all actions necessary to accomplish these actions. The Parties agree that in that instance there shall be no “prevailing party” for purposes of Code of Civil Procedure Sections 1021.5 and 1032, and each agrees to bear its own costs of suit.

1.4 Failure of Conditions. Nothing in this Agreement will abrogate or impair the City’s exercise of its police power. If the City does not adopt the Future Review Resolution in substantially

4 identical form to the version attached to this Agreement as Exhibit 2, or if the City adopts the Future Review Resolution but then, as a result of a legal challenge to such Future Review Resolution filed within 90 days of its adoption, amends such Future Review Resolution in a way that is inconsistent with the terms of this Agreement, this Agreement shall be null and void, and none of the terms of this Agreement shall be binding on any Party.

2. The Phase I Data Center.

Any data center constructed as part of Phase I of the Project (such data center, the “Data Center Project”) shall include all of the mitigation measures set forth in this Section 2 of the Agreement. In that case, Owner shall request, and the City shall ensure, that the following measures are incorporated into an enforceable Mitigation, Monitoring and Reporting Plan (“MMRP”) for a Data Center Project2, should such approval occur, and Owner shall adhere to these measures. These measures shall be enforceable by and through this Agreement, in addition to by and through the MMRP if a data center project is approved, except for Section 2.4 below, which would only be enforceable through the MMRP and Section 2.5, which shall only be enforceable through this Agreement. If a Data Center Project is approved, the MMRP also shall be enforceable prior to the issuance of any grading permits for Phase I of the Data Center Project.

2.1 Building Design. Owner will design and construct the Data Center Project in accordance with the most recent LEED Certified standards at the time of construction. Owner shall demonstrate that the Data Center Project has an average Power Usage Effectiveness of at least 1.27; has an average rack power rating range of 8 to 10 kilowatts or higher; and uses lighting control to reduce energy usage for new exterior lighting.

2.2 Rooftop Solar. Owner will construct and install on-site solar, with photovoltaic (“PV”) coverage of: (1) 90% of undisturbed roof area, where the need for other mechanical equipment, safety & access corridors, productivity, or proximity to mechanical systems that may impact Power Usage Effectiveness performance do not preclude solar installation, and (2) 90% of on-site parking spaces, excluding locations where building shading makes PV energy generation unproductive, or state or local safety requirements prevent the construction of parking shade structures.

For purposes of this provision, the productive area for PV systems will be those meeting the minimum requirements of Reference Joint Appendix JA11 of the 2022 California Energy Code. PV sizing will not be less than the smaller of (1) the PV system size determined by

2 For the avoidance of doubt, the MMRP would be adopted as part of project-level approvals by the City of Pittsburg, should these approvals occur, and will not result in any modification to the Specific Plan or its associated approvals and MMRP. The Center reserves the rights specified in Section 1.2 to withhold dismissal until the Implementation Date.

5 equation 140.10-A or (2) total of all solar access roof area multiplied by 14 W/SF. Owner will evaluate the solar access roof area for the building, and the solar access roof area will not include any area that has less than 70 percent annual solar access.

2.3 Construction Measures. During construction of Pittsburg Data Hub in Phase I, Owner will require the following:
(a) Require all generators, and all diesel-fueled off-road construction equipment greater than 75 horsepower, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hookup at the site, whichever is first, require all generators and all diesel-fueled off-road construction equipment, to be zero-emissions or equipped with CARB Tier IV- compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that Owner documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment.3 Before an exemption may be considered by the City, Owner shall be required to demonstrate that at least two construction fleet owners/operators in the Pittsburg Region were contacted and that those owners/operators confirmed Tier 4 Final or better equipment could not be located within the Pittsburg Region. To ensure that Tier 4 Final construction equipment or better would be used during the proposed Data Center Project’s construction, Owner shall include this requirement in applicable bid documents, purchase orders, and contracts. Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.
(b) Provide electrical hook ups to the power grid as soon as available through the utility, rather than diesel-fueled generators, for contractors’ electric construction tools, such as saws, drills and compressors. Should the requisite grid connection not be available, Tier IV generators may be used.

3 For example, if a Tier 4 Final piece of equipment is not reasonably available at the time of construction and a lower tier equipment is used instead (e.g., Tier 4 interim), another piece of equipment could be upgraded from a Tier 4 Final to a higher tier (i.e., Tier 5) or replaced with an alternative-fueled (not diesel-fueled) equipment to offset the emissions associated with using a piece of equipment that does not meet Tier 4 Final standards.

6 (c) Use at least 20 percent of local or recycled building materials, in accordance with BAAQMD Best Management Practices.
(d) Limit idling times of 2 minutes or less.
(e) Require construction equipment to be turned off when not in use. (f) Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 of the California Green Building Standards Code Part 11.
(g) All construction in Phase I, II, and III will comply with the standards set forth in the most recent California Green Building Standards Code in effect at the time each Data Center Project is approved.
(h) Use paints and architectural coatings for all interior painting that have volatile organic compound levels of less than 10 g/L.

2.4 GHG Renewable Commitment. Owner or customer shall participate in PG&E’s Renewable Energy Program or other renewable energy program that accomplishes the same objective as the PG&E Renewable Energy Program for 100 percent carbon-free electricity, or (2) purchase renewable energy credits or similar instruments that accomplish the same goals of 100 percent carbon-free electricity. During operation, the Data Center Project owner or customer shall provide documentation to the director, or director’s designee, of the City of Pittsburg Utility Department of initial enrollment and shall submit annual reporting to the director, or director’s designee, of the City of Pittsburg Electric Utility Department documenting compliance.

2.5 GHG Mitigation Funding. Owner will pay a total of $750,000 (“Mitigation Grants Payment”) to a foundation to be identified by the Center for Biological Diversity, which will distribute the funds via grant(s) to Open Opportunities, a 501(c)(3) nonprofit, or, if Open Opportunities is unwilling or unable to accept such grants, a similar nonprofit, for sustainability planning and regional climate resiliency projects, with a priority for projects benefitting disadvantaged communities within the City of Pittsburg. Final dispensation of this payment and/or project identified shall be consistent with the City of Pittsburg’s Sustainability Plan GHG Emissions Reduction Goals. Fifty percent (50%) of the Mitigation Grants Payment shall be made within ninety (90) days from the date that Owner pulls the first building permit. The balance of the Mitigation Grants Payment shall be made within ninety (90) days from the initial issuance of a certificate of occupancy.

2.6 Electric Charging Infrastructure. During Phase I, Owner must ensure that at least 25 parking spaces are constructed and wired for future EV charging facilities (i.e., the parking spaces be

7 EV-Ready), with at least 15 parking spaces supplied with charging facilities at the completion of construction.

Following Phase II construction, Owner must ensure that at least 50% of all required parking places are constructed and wired for future EV charging facilities (i.e., the parking spaces be EV-Ready), with at least 25% of all required parking spaces supplied with charging facilities at the completion of construction.

2.7 Fugitive Dust Minimization. To ensure that fugitive dust impacts are minimized, Owner will implement the BAAQMD’s recommended best management practices (BMPs) during the construction phase. These BMPs are incorporated into the design of the Data Center, and Owner will comply with the enumerated measures as filed with the California Energy Commission (“CEC”) on February 29, 2024, modified only to the extent as may be required by the CEC.

2.8 Recycled Water. Owner will utilize recycled water as the sole source of water for process cooling and outdoor landscaping, absent a disruption in the utility’s provision of an adequate supply of recycled water necessitating the use of non-recycled water.

2.9 Biological Mitigation. Owner will implement the enumerated project design measures (PDMs) related to biological resources as filed with the CEC on February 29, 2024, modified only to the extent as may be required by the CEC. These include the following measure for western pond turtle (Emys marmorata) protection.

(a) Western Pond Turtle Protection: Prior to the start of construction or operations and maintenance activities, Owner shall ensure that a qualified biologist approved by the City of Pittsburg Community Development Director conducts a pedestrian preconstruction survey of the Data Center Project site and adjacent suitable habitat for western pond turtles. The survey shall be conducted no more than 24 hours prior to the start of work and shall include walking the work area limits and interior and investigating all areas that could be used by the species. If western pond turtle individuals are found, the biologist shall relocate them to suitable habitat outside the disturbance area and far enough away that they would not be expected to return. If the biologist determines that it is warranted, exclusion measures shall be implemented to prevent individuals returning to the active work site.
(b) Western Burrowing Owl Protection:

Prior to the start of construction or operations and maintenance activities, Owner shall ensure that the following mitigation measures are in place:

8 (1) Surveys
A qualified (CDFW-approved) biologist will conduct planning surveys to identify suitable burrowing owl habitat within the Data Center Project site and a 1,625- foot-wide (500-meter-wide) buffer. The entirety of the Data Center Project site and lands legally accessible to the applicant will be surveyed on foot, using pedestrian survey transects and survey methodology per guidance in the 2012 Staff Report. Lands owned/controlled by others will be surveyed via spotting scope, to the extent feasible given existing topography, vegetation, and structures The biologist will conduct preconstruction surveys of identified suitable habitat, consistent with East Contra Costa HCP/NCCP requirements, and taking into account additional guidance for determinations of presence/absence provided in the 2012 CDFW Staff Report.4
Western Burrowing Owl surveys will include breeding season surveys for nesting owls during the nesting season (February 1 to August 31) prior to the anticipated construction start date, and may additionally include surveys for wintering burrowing owls during the wintering season (September 1 to January 31).

Preconstruction surveys for Western Burrowing Owl will also be conducted per the HCP/NCCP, no more than 30 days prior to the start of construction.

All surveys will be conducted by qualified (CDFW-approved) biologists as required by the HCP/NCCP.
(2) Buffers for Active Nests
If active Western Burrowing Owl nest burrows are identified during preconstruction surveys, they will be assessed on a case-by-case basis for distance to existing sources of disturbance (e.g., homes, roadways), and the level of existing disturbance (presence of existing visual/noise screening between burrow location and work area due to topography, vegetation, structures, etc.). This will provide a better understanding of how acclimated the nesting pair may be to disturbance, and whether there are inherent parameters that will reduce Data Center Project-related disturbance.

Assessment will also consider the type of habitat that would be affected in proximity to the nest if work proceeds, and the types of habitat that would remain.

4 CDFW. (2012). Staff Report on Burrowing Owl Mitigation. Available at: https://files.ceqanet.opr.ca.gov/304181- 1/attachment/qlVQskRBeoD6lL7K6oDAM_NdrgRs8NdjPbUaT99APSqfeMsDn4_xmadD7HhJBL9NXj6TNpUH4 bl-7XWP0