SUBCOMMITTEE FINDINGS
This item was not discussed at a subcommittee.
STAFF ANALYSIS
The re-appointment for the Contra Costa Mosquito & Vector Control Board is for a four- year term and will expire on February 2, 2030. Incumbent Richard Ainsley would like to continue serving on this board.
Report Prepared By: Melaine Venenciano, Director of City Clerk Services
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Darin E. Gale - City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with BKF Engineers, Inc. for the Design of Project 3039 Pittsburg-Antioch Highway Widening
MEETING DATE: January 20, 2026
EXECUTIVE SUMMARY
Project 3039 – Pittsburg-Antioch Highway Widening (Project) will widen the Pittsburg- Antioch Highway by expanding the segment between Loveridge Road and the eastern City limits at Arcy Lane from two to four lanes. Adoption of this resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with BKF Engineers, Inc. for the design of the Project.
FISCAL IMPACT
The proposed design fee is $733,500. Funding will be provided through the currently approved Project budget. No additional funds are being requested.
RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager to execute a Consulting Services Agreement with BKF Engineers, Inc. for the design of the Project in an amount not to exceed $733,500.
BACKGROUND
On June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/04, which appropriated $38,080,000 for design and
construction of the Project in accordance with Cooperative Agreement No.12-25, between ECCRFFA and the City of Pittsburg. On June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing execution of the Cooperative Agreement with ECCRFFA for the project.
The City advertised a Request for Proposals (RFP) for design services for the Project and received two proposals from consulting firms.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
City staff ranked and evaluated the two proposals from consulting firms. BKF Engineers, Inc. was ranked first based on the proposal submitted and a comprehensive cost proposal review. Staff recommends awarding the Agreement to BKF Engineers, Inc. in the amount of $733,500 for design of the Project and preparation of biddable construction documents.
The Project will widen the Pittsburg-Antioch Highway by expanding the segment between Loveridge Road and the eastern City limits at Arcy Lane from two to four lanes, improving both traffic and safety conditions. The new road will include a landscaped median, new sidewalks, and a dedicated bike lane. Final design will not commence until an environmental review is complete. The City has solicited separate proposals for the California Environmental Quality Act (CEQA) analysis and resource agency permit services for the Project.
ATTACHMENTS: Resolution
Consulting Services Agreement
CIP Project Sheet
Report Prepared By: Khristin Labao, Associate Engineer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute a )
Consulting Services Agreement with BKF ) RESOLUTION NO. 26- Engineers, Inc. for the Design of Project )
3039-Pittsburg-Antioch Highway Widening)
WHEREAS, Project 3039-Pittsburg-Antioch Highway Widening (Project) will enhance the Pittsburg-Antioch Highway by expanding the segment between Loveridge Road to the eastern City limits at Arcy Lane from two to four lanes; and
WHEREAS, the City advertised a Request for Proposals (RFP) for professional design services; and
WHERAS, City staff received and evaluated two proposals from consulting firms. BKF Engineers, Inc. was ranked first based on the proposal submitted; and
WHEREAS, BKF Engineers, Inc. submitted a proposal in the amount of $733,500 for design of the Project; and
WHEREAS, On June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/04 which appropriated funds to the Project for design and construction in accordance with Cooperative Agreement No.12-25, between ECCRFFA and the City; and
WHEREAS, on June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing execution of a Cooperative Agreement with ECCRFFA for the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with BKF Engineers, Inc.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
BKF ENGINEERS
Relative to:
Project 3039 Pittsburg-Antioch Highway Widening
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and BKF Engineers, a California corporation (“Consultant”) (together referred to as the “Parties”) as of January 21, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services on described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 21, 2028, or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Seven Hundred Thirty-Three Thousand Five Hundred Dollars ($733,500), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.
▪ Invoices should be sent to [email protected] and
[email protected]
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
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within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section
2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
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4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
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4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
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8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
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Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.
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10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested, Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
Consultant: BKF Engineers
1646 N. California Blvd., Ste. 400
Walnut Creek, CA 94596
ATTN: Daniel Schaefer
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City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
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The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG BKF ENGINEERS
____________________________ ______________________________ Darin Gale, City Manager Daniel Schaefer, PE
Principal-in-Charge
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Project 3039 Pittsburg-Antioch Highway Widening
SECTION 1: PROJECT OVERVIEW
The City of Pittsburg will widen a portion of the Pittsburg-Antioch Highway into a more complete street with landscaping. The project limits are between Loveridge Road and the City limits at Arcy Lane. This segment is approximately 1.0 mile in length. The widening will expand this section of roadway from 2 to 4 lanes, including a landscaped median, a two-way left turn lane, new sidewalks, and bike lane facilities. The existing sixty-foot right- of-way also needs to be widened to eighty-feet to encompass the new improvements.
SECTION 2: SCOPE OF WORK
Consultant shall complete the following:
Phase I – Preliminary Engineering
Task 1: Kickoff & Survey
1.1 Kickoff and Site Visit
A. Conduct a project kickoff meeting in the field to review site B. Gather utility documentation from utility agencies and providers
1.2. Surveying and Utility
A. Set control for aerial flight
B. Aerial flight to map the corridor and develop a topographic survey C. Plot the location of existing utilities based on observation from the aerial photogrammetry and the record or as-built maps provided by the utility agencies D. Utility survey to dip storm drainage utilities
E. Develop existing conditions map of topography, utility, and right-of-way F. Determine locations where potholing of utilities are needed for verification of underground utilities potentially in conflict with proposed utility infrastructure.
G. Determine right-of-way based on monumentation and record maps H. Prepare Plats and Legal descriptions for the needed right-of-way Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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1.3 Deliverables
• Topographic and Right of Way Survey
• Utility record maps and potholing data
• Right-of-Way Plats and Legal Descriptions
Task 2: Options Analysis, Background Studies
2.1 Options Analysis
A. Consultant shall conduct a geotechnical study that includes:
i. Geotechnical and Pavement Analysis – 15 borings (roughly one bulk sample every 1,000 feet)
a. Ten (10) to a depth of five (5) feet will be collected from the subgrade level to verify the soil conditions
b. Five (5) to a depth of fifteen (15) feet. For the five 15-foot-deep borings, three relatively undisturbed samples will be collected at 5, 10, and 15 feet depths. Laboratory hydraulic conductivity (2 tests) and index tests will be performed from borings near the planned bioretention basin to estimate the permeability of the subgrade soils. Field percolation tests are not planned to minimize the impact on the traffic.
c. Consultant field engineer will collect bulk samples from 1 to 5 feet for R-value tests and pavement cores to measure the HMA thickness at all locations. One-third of the samples will be tested for R-value.
ii. Perform a Limited Pavement Study. Consultant shall add two shallow borings extending to depths of approximately 5 feet BGS. At each shallow boring and at the regular 20-foot borings, Consultant shall collect an asphalt concrete (AC) core, take a photograph of each core that is successfully retrieved intact, measure the AC thickness, and note whether pavement reinforcing fabric is present and at what depth, measure the aggregate base (AB) section thickness, and collect a bulk sample of the subgrade soil. The Geotech Report shall include a discussion of types and Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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overall severity of predominant pavement distresses observed during our site reconnaissance, including alligator cracking, block cracking, distortions, longitudinal/transverse cracking, patching/utility cut patching, rutting/depressions, and weathering/raveling. Report shall include provision of pavement rehabilitation recommendations, possibly including localized pavement digouts, crack sealing, slurry seal application, and milling and filling, HMA overlay, cold in-place recycling, full-depth reconstruction, and full depth reclamation utilizing cement treatment. iii. Seismic Survey. Consultant shall perform a seismic refraction/MASW survey at the Sites. The seismic refraction/MASW survey is a surface geophysical method that utilizes the refraction of seismic waves on geologic layers and rock/soil units to characterize subsurface conditions. iv. Geotechnical Review of Project Plans and Specification. Consultant shall perform a single review iteration of the geotechnically relevant aspects of the 95% complete project plans and specifications before these documents are finalized and go out to bid and issue a letter presenting Consultant’s review comments.
B. Drainage – Consultant shall develop drainage analysis of existing drainage system, potential locations for stormwater treatment and discharge of stormwater. Consultant shall analyze the proposed project improvements and design a drainage system that will manage the project run-off and meet current C.3 requirements.
C. Geometric and Creek Bank & Railroad Conform Assessment – Consultant shall provide geometrics layout including validating vertical and horizontal alignments and limits of grading using information provided by geotechnical engineers and which conforms at the creek and railroad right of way.
2.2 35% Plans and Basis of Design
A. Complete 35% Plans
B. Develop Basis of Design Memorandum
C. Utility Relocation exhibits and applications
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2.3 Deliverables
• 35% Plans
• PG&E Application for overhead pole relocation
• Basis of Design Memo that indicates the regulations, policies, and design criteria that form the basis for the design. Any specific criteria related to the special studies shall be contained within those memos as attachments:
Geotechnical Report
Drainage Calculations/Draft Options Technical Memo - The analysis and corresponding technical memorandum is for the purpose of facilitating a determination of options.
Task 3: Environmental Review & Community Outreach
3.1 Environmental Review – Answer technical questions to address earthwork volumes, and limit of work, for City environmental review.
3.2 Public Meeting (1 total) - Gather feedback and ensure community alignment with the project’s goals. Provide graphic information and attend to answer technical questions.
3.3 Draft a Stormwater Technical Memorandum - The technical memorandum will serve as the basis for the CEQA drainage analyses and would be the same as that provided with the 65% design.
Task 4: Design Development
4.1 65% Plans, Draft Specifications, and Estimate. Prepare the plan sheets in AutoCAD format Plans will include the following:
• Title Sheet
• Erosion Control
• Typical Cross Sections
• Layout and Utilities (including utility relocations)
• Construction Details
• Drainage Plans, Profiles
• Streetlighting Plans (location only at 65%)
• Traffic Striping and Sign Plan
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• Traffic Signal Plan
• Layout, Planting, and Irrigation Framework Plans
• Bioretention facility plan and cross section
• Draft Special Provisions (in outline format)
• Engineer’s Estimate based on takeoff of the major project elements delineated on the 65% plans and with assumptions on some of the non- detailed or specified items
4.2 Right of Way: On the assumption that the City will need to acquire right of way or a roadway easement to expand the right of way, Consultant shall prepare the record of survey for the four (4) assumed properties including up to four (4) plats and legal descriptions for the City to negotiate agreements with property owners. The City shall procure any title reports needed.
4.2 Draft Stormwater Technical Memorandum. Draft technical memo of the stormwater analysis of the hydrology and hydraulics as well as green infrastructure measures used for the project. A draft stormwater control plan will be developed in Contra Costa County’s standard format.
4.3 Meetings (2 meetings total) – After the review of the 65% plans by utility agencies, Consultant shall participate in meetings with them to review specific design elements.
4.4 Deliverables
• 65% PS&E
• Right-of-Way Plats and Legals (4)
• Draft Stormwater Technical Memorandum
• Meeting Minutes
PHASE II – FINAL DESIGN
Upon approval of the 65% plans and acquiring CEQA environmental clearance, City may direct Consultant to begin Phase II work.
Task 5: Final Design
5.1 95% Plans, Special Provisions, and Engineer’s Estimate (PS&E). In addition to the 65% Plans, the 95% PS&E will incorporate:
• Miscellaneous Details
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• Irrigation detailed layout, details, and water usage calculations • Pavement Rehabilitation measures
• Technical Special Provisions, dealing with materials, order of work, roadway, and electrical items of work.
• Engineers Estimate with a takeoff of quantities and unit prices, where appropriate, with a contingency to arrive at an engineer’s forecast of construction costs.
5.2 Stormwater Final Technical Memorandum. Final technical memo of the stormwater analysis of the hydrology, and hydraulics as well as green infrastructure measures used for the project. Final stormwater control plan.
5.3 Deliverables
• 95% PS&E
• Final Stormwater Technical Memorandum
• Final Stormwater Control Plan
• Water Usage Calculations
• Meeting Minutes
Task 6: Permitting, Funding, & Final PS&E
6.1 Final Design
A. Draft 100% PS&E as a check set prior to issuing wet signed plans and specifications.
B. Final PS&E wet-signed submission ready for bidding and construction along with Resident Engineer File.
6.2 Deliverables
• Final PS&E
• Resident Engineer File
SECTION 3: CONSULTANT PROJECT MANAGEMENT APPROACH
1. Project Coordination & Communication
a. Team Coordination: Consultant shall lead the coordination of the entire project team, including internal staff and external consultants, ensuring seamless Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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communication and collaboration to meet project milestones, scope, budget, and schedule.
b. Client Communication: Serve as the primary point of contact with the client, ensuring ongoing communication, transparency, and responsiveness throughout the project’s lifecycle.
2. Project Tracking & Reporting
a. Monthly Project Status Reports: Consultant shall submit Monthly Project Status Reports, detailing:
i. Progress of key tasks and deliverables.
ii. Budget tracking and any variances.
iii. Updated schedule and timelines.
iv. Risk assessments and mitigation measures.
v. Upcoming project activities.
b. Task & Change Management: Provide clear task assignment and manage any changes to scope, schedule, or budget with proper documentation and client approval.
3. Meetings & Documentation
a. Regular Team & Client Meetings: Consultant shall facilitate meetings to review progress, address challenges, and align on project goals. b. Meeting Agendas & Minutes: Agendas will be distributed with detailed minutes will follow, documenting key decisions and action items.
4. Quality Assurance & Risk Management
a. QA/QC Process: Consultant shall implement a Quality Assurance/Quality Control process to review all project deliverables before submission. b. Risk Mitigation: Risks related to scope, schedule, budget, or technical aspects will be monitored to proactively provide mitigation strategies.
SECTION 4: OPTIONAL SERVICE
1. Retaining Wall along Creek. Consultant has included time in the above scope of work to evaluate options to reduce potential impacts to Kirker Creek. A fill retaining wall may Docusign Envelope ID: C8ADA677-E587-4473-BAA0-4B4E635F9CCD
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be needed to accommodate the roadway widening along with a handrail and/or a vehicle guardrail for safety. If the base concept plan provided is selected as the preferred alternative and a retaining wall is needed, Consultant recommends an MSE wall or simple cantilever wall instead of a Caltrans standard detail wall based on cost and ease of construction. If a MSE wall is selected, the final design is by the contractor while a cantilever wall would be fully designed by Consultant.. This added scope assumes that a wall profile would be needed with cross sections and structural calculations.
SECTION 5: ASSUMPTIONS AND SCOPE OF QUALIFICATIONS
In addition to the assumptions and scope qualifications within the scope of work, Consultant has assumed:
1. Existing utilities identified on Consultant's drawings/plans will be based on information obtained by Consultant through utility locating or provided to Consultant based on record mapping or as-built plans and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed.
2. Pavement within the southern lanes is assumed to be maintained with a minimal plan to replace digouts and potentially overlay which is included in the design scope. If the City desires a more elaborate pavement rehabilitation strategy or additional corings and/or deflection testing, Consultant can provide a scope for a more elaborate pavement rehabilitation plan.
3. Utility design included in the project is limited to:
• Electrical for the new street lights (YEI) and electric service for lights. • Drainage for the new bioretention areas and extension of the storm drainage system to accommodate the bioretention areas and street. • Fire Hydrant relocation only if needed.
• No wastewater facilities included.
• No joint trench extension
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4. Phase 1 and 2 environmental, soil and/or groundwater contaminants, is not included in the scope of work as the results of the Phase 1 are currently unknown.
5. Retaining walls and/or structures, if needed, will utilize Caltrans Standard Details or Greenbrook standards and that no special retaining wall or custom wall designs are needed.
6. Landscaping for the project will only include the bioretention areas if determined to be part of the project, median and street trees with potable water irrigation system. No other landscaping is included.
7. Consultant has assumed that any work within the creek area would be above the top of bank and not required extensive creek realignment or restoration.
8. Consultant has assumed that the project will not extend into the railroad right of way and that no work within the railroad is part of the project.
9. Traffic Operations will not be affected by the improvements and have not included time to address operations at intersections, turn pocket lengths, or signal timing.
10. Landscape exclusions:
• Arborist services and existing tree survey
• Wells, booster pumps, and/or recycled water irrigation design including recycle water retrofit
• Horticultural soils analysis
11. Weather Conditions: The geotechnical field investigation assumes at least two consecutive weeks of dry weather. If the work must proceed in wet conditions, limited- access drilling equipment may be required, and there could be delays.
12. No Saw-Cutting Requirement: Consultant assumes the City will not require them to saw-cut the pavement around the borings. If this requirement changes, it could result in additional fees and time.
13. Hazardous Materials: If hazardous materials are encountered during boring, Consultant shall terminate the boring and contact the City. Arrangements will be made for safe handling and backfilling, with added costs handled on a time-and-expense basis in the City’s discretion.
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SECTION 6: ASSUMPTIONS REGARDING CITY
1. Lead public outreach: contact stakeholders (e.g. landowners, utilities, tenants, etc.), lead presentation with stakeholders, lead presentation at public meetings.
2. Complete California Environmental Quality Act (CEQA) processes, documentation, studies, and environmental permits.
3. Prepare City front end project special provisions and assemble final Project Technical Specifications. Prepared by Consultant.
4. Acquire any necessary rights-of-way for the Project.
5. Advertise and award construction contract.
6. Execute agreements with other agencies or entities.
7. Execute construction contract.
8. Provide Computer-Aided Design (CAD) borders and standard details to be utilized by the Consultant.
9. Prepare funding documentation and reports.
10. Plan and arrange Public Outreach/public meetings.
11. Provide data on utilities based on the responses from Utility Companies and as- built/record drawings of the roadways within the corridor.
12. City will waive fees for any encroachment permit needed for drilling, access, etc.
13. City will provide title reports and deed information of properties to determine ROW
14. City will lead the efforts with stakeholders and public outreach.
15. City will provide title reports and complete the negotiation and acquisition of right of way or a roadway easement.
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EXHIBIT B
COMPENSATION SCHEDULE
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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
BKF ENGINEERS
By:
Title: Principal-in-Charge
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City of Pittsburg 2025/26 – 2029/30 Capital Improvement Program
Project Title: Project #:
Pittsburg-Antioch Highway Widening 3039
Description/Justification:
This project will consist of widening the Pittsburg -Antioch Highway from Loveridge Road to eastern Cit y limits at Arcy Lane from 2-lanes to 4-lanes. The project will accommoda te Class II bicycle lanes where appropriate, sidewa lks, and a raised landscaped median with a center storage lane for left turns in front of businesses (2WLTL) where applia ble.
Supplemental Information:
Funding will be provided by the ECCRFFA funds.
PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/ 28 2028/29 2029/30 TOTAL 1 1 01 Staff Time 60,000 $ 120,000 $ 300,000 $ 710,000 $ 260,000 $ 1,450,000 $ 21 22 Design 600,000 $ 900,000 $ 150,000 $ 1,650,000 $ 2281 Construction 2,000,000 $ 25,000,000 $ 6,530,000 $ 33,530,000 $ 2372 Administrative Overhead 60,000 $ 120,000 $ 300,000 $ 710,000 $ 260,000 $ 1,450,000 $ TOTAL 720,000 $ 1,140,000 $ 2, 750,000 $ 26,420,000 $ 7,050,000 $ 38,080,000 $ PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 202 8/29 2029/30 TOTAL ECCRFFA 38,080,000 $ 38,080,000 $
TOTAL 38,080 ,000 $ 38,080,000 $
PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Infrastructure
Location: Pittsburg- Antioch Highway from
Loveridge Road to the eastern City
limits
Project Manager: K. Labao
Project Priority: 2F – Required
Project Status: New
Est. Completion Date: 2029/30
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Darin E. Gale - City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute Consulting Services Agreement with
Nichols Consulting Engineers, Chtd. for California
Environmental Quality Act Analysis and Permitting for Project 3039 – Pittsburg-Antioch Highway Widening
MEETING DATE: January 20, 2026
EXECUTIVE SUMMARY
Project 3039 – Pittsburg-Antioch Highway Widening (Project) will widen the Pittsburg- Antioch Highway by expanding the segment between Loveridge Road and the eastern City Limits at Arcy Lane from two to four lanes. As part of the design process, the Project requires analysis of environmental impacts under the California Environmental Quality Act (CEQA) and permitting for construction. Adoption of this resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with Nichols Consulting Engineers, Chtd. for CEQA analysis and permitting for the Project.
FISCAL IMPACT
The total compensation for the Agreement is $409,380. Funding will be provided through the current approved Project budget. No additional funds are being requested.
RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager to execute a Consulting Services Agreement with Nichols Consulting Engineers, Chtd. for CEQA analysis and permitting in an amount not to exceed $409,380.
BACKGROUND
On June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/04, which appropriated $38,080,000 for design and construction of the Project in accordance with Cooperative Agreement No.12-25 between ECCRFFA and the City of Pittsburg. On June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing execution of the Cooperative Agreement with ECCRFFA for the Project.
The City advertised a Request for Proposals (RFP) for professional services for CEQA analysis and resource agency permitting. Seven proposals were received from consulting firms and evaluated by staff.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee meeting.
STAFF ANALYSIS
City staff ranked and evaluated the seven proposals from consulting firms. Nichols Consulting Engineers, Chtd. was ranked first based on the proposal submitted, comprehensive cost proposal review, and fee negotiation. Staff recommends awarding the design contract to Nichols Consulting Engineers, Chtd. in the amount of $409,380. Their scope includes specialized technical studies and impact analysis, peer review of City-provided technical studies, environmental impact reporting, hearing and decision-making support, certification and filings, findings of facts, statement of overriding considerations, and resource agency permitting.
The Project will enhance the Pittsburg-Antioch Highway by widening the segment between Loveridge Road and the eastern City Limits at Arcy Lane from two to four lanes, improving both traffic and safety conditions. Final design will not commence until the environmental review is complete.
ATTACHMENTS: Resolution
Consulting Services Agreement
Report Prepared By: Khristin Labao, Associate Engineer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute )
Consulting Services Agreement with )
Nichols Consulting Engineers, Chtd. for the ) RESOLUTION NO. 26- Design of Project 3039-Pittsburg-Antioch )
Highway Widening )
WHEREAS, Project 3039-Pittsburg-Antioch Highway Widening (Project) aims to enhance the Pittsburg-Antioch Highway by expanding the segment between Loveridge Road to the eastern City Limits at Arcy Lane from two to four lanes; and
WHEREAS, the City advertised a Request for Proposals (RFP) for professional services for California Environmental Quality Act (CEQA) analysis and resource agency permitting; and
WHEREAS, City staff received and evaluated seven proposals from consulting firms. Nichols Consulting Engineers, Chtd. (NCE) was ranked first based on the proposal submitted; and
WHEREAS, NCE submitted a proposal in the amount of $409,380 for design of the Project; and
WHEREAS, on June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/04, which appropriated funds to the Project for design and construction in accordance with Cooperative Agreement No.12-25, between ECCRFFA and the City; and
WHEREAS, on June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing the execution of a Cooperative Agreement with ECCRFFA for the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with Nichols Consulting Engineers, Chtd.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
NICHOLS CONSULTING ENGINEERS, CHTD
Relative to:
Project 3039 Pittsburg-Antioch Highway Widening
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Nichols Consulting Engineers, CHTD a Nevada corporation (“Consultant”) (together referred to as the “Parties”) as of January 21, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 31, 2028 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Four Hundred Nine Thousand Three Hundred Eighty Dollars ($409,380), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
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guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature.
Emailed to [email protected] and [email protected]
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
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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, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
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General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
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professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
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4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
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every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be determined to apply.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California 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. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
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designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
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but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
Consultant : Nichols Consulting Engineers
1003 Cutting Blvd., Ste. 110
Pt. Richmond, CA 94804
ATTN: Margot Yapp, CEO
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
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10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
To the extent there are any inconsistencies between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistencies between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG NICHOLS CONSULTING ENGINEERS
____________________________ ______________________________ Darin Gale, City Manager Gregory Fasiano, Vice President
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following:
1. Methodology, Technical Studies, and Permitting Strategies
Consultant shall complete the technical studies to inform and refine the project design, then prepare a full initial study to determine the extent of impacts and mitigation requirements for circulation with the Notice of Preparation.
For all deliverables, Consultant shall provide optical character recognizable files for City’s use and for direct posting to the State Clearinghouse website.
Task 1. Project Management, Initiation and Scoping
Task 1.1. Project Initiation
Consultant shall assess available existing project information available at the time of notice to proceed. Consultant shall meet with City staff to kick off the project by reviewing the technical approach and any administrative matters that may be necessary. At a minimum, items to be discussed will include the following:
• Project goals and objectives
• Scope of work, preliminary schedule, budget and invoicing requirements • Identification of existing documentation and any data gaps, GIS shapefiles • Protocols for communications and site visits
• Field work
• Scheduling and access requirements for field work
Prior to the kickoff meeting, Consultant shall prepare a detailed agenda and send it to City staff for review.
Task 1.2. Document Review and Site Visit
Consultant shall review all existing project information available at the time of notice to proceed. Consultant shall conduct one site visit, perform a thorough background review of the project site and the surrounding area, and assess any City feedback on the project to understand the project's components, context (site conditions and characteristics), and other ongoing or planned development in the project vicinity.
Consultant shall prepare a data request delineating any additional information or clarifications about the project and alternatives considered that will need to be addressed in order to prepare a legally adequate environmental analysis in compliance with CEQA and the City’s Environmental Guidelines. Consultant shall incorporate information from these efforts into the Project Description and relevant analyses sections.
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Task 1.3. Project Meetings, Management and Coordination
Consultant shall provide project updates, invoicing, subcontracting, and staff coordination, bi-monthly meetings over the course of the project, project administrative tasks such as invoicing and file management, and staff coordination.
Task 1.4. Public and Agency Early Scoping
Consultant shall work with staff to host an early scoping meeting. During this meeting staff can present the project, and the public and agencies can express their concerns regarding environmental issues relevant to the CEQA analysis.
Task 1 Deliverables
• Kickoff meeting agenda and summary (electronic, Word and PDF format) • Bi-weekly progress meeting summaries (electronic, Word and PDF format) • Scoping meeting agenda and summary (electronic, Word and PDF format)
Task 1 Assumptions
• Kick off meeting will be held at the City offices
• Bi-monthly meetings will be held via Teams; Scoping meeting will be held at the City offices
• Logistics for the scoping meeting will be handled by the City
Task 2. Specialized Technical Studies
Consultant shall provide studies required specifically for the regulatory permitting required for this project, as well as to protect nearby sensitive receptors.
Task 2.1. Aquatic Resources Delineation Letter Report
Consultant shall delineate potential aquatic resources within the defined project area, which includes Kirker Creek along the northern edge of the project area, and an unnamed waterway located along the city limit with Antioch. Consultant shall perform background research, field work, and the preparation of an Aquatic Resources Delineation (ARD) letter report that meets the requirements of USACE (i.e., Minimum Standards for Acceptance of Preliminary Wetland Delineations, dated November 30, 2001). The ARD will support the preparation of the project’s environmental documents and future permit applications to the USACE (if necessary), SFBRWQCB, and CDFW (if necessary).
Prior to field work, Consultant shall conduct a data review of the project area. The data review will include United States Geological Survey (USGS) topography, USFWS National Wetland Inventory data, imagery, determination of the Natural Resources Conservation Service (NRCS) listed soils as hydric or non-hydric, review of climate Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
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data, and the preparation of field maps. Preparation of field maps and field data collection will be based on the following resources:
• 1987 USACE Wetland Delineation Manual
• Regional Supplement to the USACE of Engineers Wetland Delineation Manual:
Arid West (Version 2.0), May 2010
• A Field Guide to the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States, August 2008 • San Francisco District, Information Requested for Verification of Corps Jurisdiction, Revised April 2016
• Updated Map and Drawing Standards for the South Pacific Division Regulatory Program, issued February 10, 2016
As part of the field work, Consultant shall map soil pit locations and potential jurisdictional Waters of the United States (WOUS), including wetlands in ESRI ArcGIS format.
Consultant shall provide a digital copy of the Draft ARD Letter Report to City for review and comment. City shall provide Consultant with one set of consolidated comments.
Consultant shall obtain, review, and integrate appropriate comments submitted by City.
Consultant shall revise the Draft ARD Letter Report and submit the Final Letter Report to City. Consultant shall also prepare a Request for Aquatic Resources Delineation Preliminary Jurisdictional Determination for submittal to the USACE if warranted. A digital copy of the final documents will be provided to City.
Deliverables
• Draft and Final ARD Letter Report (electronic, Word and PDF format) • Request for Aquatic Resources Delineation Preliminary Jurisdictional Determination
Assumptions
• Field work associated with the ARD will require no more than 1 day to complete and City shall provide designated access points for field staff to gain entrance • Any necessary rights-to-enter will be provided to Consultant prior to field work • City will provide 1 consolidated set of comments for the deliverables • Assumes 1 round of review and comment by City
• Minimal revisions to the ARD will be necessary to produce the Final version
Task 2.2. Biological Resources Letter Report
Consultant shall prepare a Biological Resources Letter Report for the project. Prior to conducting field surveys, Consultant shall review online databases and biological and botanical references in order to identify potential species and habitat types that may exist in the project area. The following resources shall be reviewed:
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• USFWS species list of federally listed endangered and threatened species (IPAC) that could occur in and near the project area
• Species list from the California Natural Diversity Database (CNDDB) • Vegetation species/habitat list from California Native Plant Society (CNPS)
Consultant shall conduct a reconnaissance-level field survey to identify and approximate the habitat types in the area, determine if suitable habitat is present for state and federally listed species, and assess the presence and absence of locally rare plants that require consideration under CEQA. The field survey area shall include the project area and a 200-foot buffer (together defined as the Project Study Area).
Consultant shall conduct a tree survey to assess trees that will be removed or affected during project implementation. Consultant shall collect data for species, size, and location. The findings shall be included within the biological survey letter report and CEQA document prepared for the project. Consultant shall prepare a figure for inclusion in the biological survey letter report and CEQA document identifying the relevant tree locations and data.
Consultant shall provide a digital copy of the Draft Biological Resources Letter Report to City for review and comment. Consultant shall review and integrate appropriate comments submitted by City and will then revise the Draft Biological Resources Report and submit the Final Report to City.
Deliverables
• Draft and Final Biological Resources Letter Report (electronic, Word and PDF format)
Assumptions
• City shall provide Consultant with one set of consolidated comments • Field work associated with the reconnaissance-level field survey and tree survey will require no more than 1 day to complete with two staff, and City will provide designated access points for field staff to gain entrance • No protocol level surveys will be required or are included in this scope of work • Assumes 1 round of review and comment by City
• Minimal comments and edits will be received on the Draft Letter Report
Task 2.3. Cultural Resources Report
Because the project involves WOUS, the USACE will require Section 106 compliance with the National Historic Preservation Act (NHPA) as part of the 404-permitting process. The project must also comply with the requirements of CEQA. Consultant shall prepare a Cultural Resources Inventory Report (CRIR) meeting USACE guidelines and requirements of Section 106, as well as requirements under CEQA.
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In consultation with the USACE, Consultant shall work with City to develop an Area of Potential Effect (APE) taking into consideration both potential direct and indirect effects to historic properties. Horizontal and vertical disturbance from the project will be captured within the direct APE and visual considerations of project elements will be incorporated with the indirect APE. Due to the nature of the undertaking, it is assumed the project will include new vertical elements; therefore, visual impacts to nearby potential historic properties may have to be taken into consideration. As a rule, the indirect (visual) APE boundary includes adjacent parcels to the direct (disturbance footprint) APE. However, road lighting and signage is already in place throughout the project area. It is assumed that either existing lighting and signage will remain in place or will be subject to in-kind replacement. Similarly, transmission lines run along the existing road and Consultant assumes these will be subject to in-kind replacement.
Consultant assumes that the direct and indirect boundaries will be coincident throughout the project area and that the indirect APE will not extend into adjacent parcels.
Once the APE has been defined, Consultant shall conduct archival research through the Northwest Information Center, as well as other historical archive repositories (e.g., historic map websites, local historical societies/museums). Concurrently with archival research, Consultant shall initiate the Tribal consultation process required by CEQA. It is assumed that USACE will be responsible for Tribal outreach under Section 106.
The results of archival research will inform expectations of fieldwork. In accordance with prescribed state standards, archaeological fieldwork will consist of an intensive pedestrian survey with transect spacing of no more than 25 meters. The objective of fieldwork is to identify the surface expression of previously recorded or newly identified resources. Architectural fieldwork, focused on the built environment (e.g., railroads, roads, trails, ditches, fence lines, transmission lines, buildings, structures), may expand to parcels adjacent to the direct APE boundary, depending on where the indirect APE boundary is established. If both archaeological and architectural resources are encountered, it is assumed all resource types can be documented within a single report.
Preliminary research indicates that four or five historic-age architectural linear resources are located within the likely APE for the project.
Following fieldwork, the results will be presented in a draft CRIR. Resources identified will be documented on California Department of Recreation (DPR) forms and evaluated against National Register and California Register criteria. If eligible properties are identified, Consultant shall work with City to attempt to avoid them such that a finding of no adverse effect to historic properties pursuant to NHPA, and a finding of no significant impact pursuant to CEQA, is supported in the report. The draft report will be submitted concurrently to City and the USACE for review and comment. It is assumed all comments will be received within 30 days. Once draft comments are received, Consultant shall incorporate those into a final report. After the USACE has accepted the report, it will be submitted to the State Office of Historic Preservation (SHPO) for review and concurrence. This review will take 30 days. It is assumed the SHPO will concur with USACE findings.
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Deliverables
• Draft and final CRIR (electronic, Word and PDF format)
Assumptions
• Compliance with CEQA and Section 106 is required
• Two meetings will be necessary: an internal kickoff meeting and a project kickoff meeting with the client
• The direct and indirect APE will be coincident
• The APE will be finalized after one round of revision • The records search fee will not exceed $1,000
• Interest in the project is not anticipated by Native American Tribes. If Tribes respond to inquiry letters wishing to become involved, consultation activities will be limited in scope (e.g., initial contact and sharing of available documentation).
This scope does not cover Tribe requests involving fieldwork or the incorporation of comments to resulting reporting documentation. If Tribes request compensation, this will be the responsibility of City.
• If both archaeological and architectural resources are encountered, it is assumed all resource types can be documented within a single report • Up to six cultural resources may be encountered (archaeological site and/or architectural resources)
• One round of edits from City and USACE will be incorporated into the CRIR to finalize the report
• No edits are anticipated from SHPO
• No hard copy materials will be prepared
• GIS shapefiles will be provided upon request
Task 2.4. Phase I Environmental Site Assessment
Consultant shall prepare a Phase I ESA in general conformance with the scope and limitations of the American Society of Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments (ASTM E 1527-21), as well as the EPA’s All Appropriate Inquiries (AAI) rule. The qualifications of the environmental professionals completing this ESA and responsible for preparation of this report meet those standards included in the AAI final rule.
The ESA scope of work that will include the following sub-tasks:
• EDR Records Review
• Site Reconnaissance
Deliverables
• Draft and Final Phase I ESA (electronic, PDF format)
Assumptions
• Site access will be provided to NCE by City
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• Consultant assumes up to one round of client comments on draft deliverable
Task 2.5. Transportation and Traffic Report
Consultant itself or through a subconsultant approved by City, shall prepare a transportation assessment for the West Leland Road Extension Phase II project consistent with the guidelines and requirements of CEQA and City of Pittsburg. At project initiation, Consultant shall meet with City of Pittsburg to determine the relevant transportation analyses to be conducted to reflect the City’s plans and potential full buildout. The assessment will focus on a vehicle miles traveled assessment, address potential VMT mitigation, prepare volumes for air quality and noise assessments, and provide a full transportation assessment.
Vehicle Miles Traveled Assessment. An assessment of the project’s effects on VMT will be performed consistent with the published methodologies and guidelines of City of Pittsburg, Contra Costa Transportation Authority (CCTA), and California Governor’s Office of Land Use and Climate Innovation. The analysis will be conducted using forecasts from the CCTA travel demand model to determine if it will have a significant VMT impact. This analysis will evaluate the project’s effect on VMT estimates for the following scenarios:
• Baseline Conditions – This data is available from the CCTA travel demand model; Consultant itself or through a subconsultant approved by City shall confirm that the baseline values calculated are reflective of values at the time that the Notice of Preparation for the project is released (consistent with guidance from OPR).
• Baseline Plus Project – The roadway extension project will be added to the CCTA baseline model. A full base year model run will be performed and VMT changes will be calculated across the full model network. The model output will include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured.
• Cumulative No Project – The CCTA travel demand model updated to reflect the City of Pittsburg’s recent General Plan update will be used to assess cumulative baseline conditions. The cumulative year will be confirmed with City staff prior to beginning the cumulative analysis.
• Cumulative Plus Project – A model run including the roadway widening project will be performed for the cumulative condition.
The model output will include total VMT, which includes all vehicle trips and trip purposes. Total VMT (by speed bin) will be calculated as input for the air quality, greenhouse gas (GHG), and energy impact analysis. The model output will be used to assess the project’s potential impacts to VMT relative to the pertinent significance standards. If the roadway widening is found to induce and increase total VMT based on the boundary method, a significant adverse impact may be identified.
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Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 8 of 24
VMT Mitigation. If a significant adverse impact related to VMT is identified, appropriate mitigation measures will be identified. Mitigation could include physical or operational improvements to transit, bicycle or pedestrian facilities.
Prepare Volumes for Air Quality and Noise Assessments. Weekday daily, morning peak hour and evening peak hour traffic volumes will be developed for the Pittsburg- Antioch Highway and the major connecting roadways that would be affected by the widening project. These volumes are necessary for the environmental document’s air quality and noise analyses.
Data Collection. Morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak period intersection turning movement counts will be conducted at the following intersections:
• Pittsburg-Antioch Highway/Loveridge Road
• Pittsburg-Antioch Highway/Arcy Lane
• Pittsburg-Antioch Highway/Auto Center Drive
Recent studies conducted in the study area will be reviewed to determine what turning movement counts are available for use. Where acceptable counts are not available, they will be collected in the field. The counts will include vehicles, trucks/heavy vehicles, bicycles and pedestrians.
Roadway Traffic Volume Assessment. With the completion of the widening project, additional traffic may use Pittsburg-Antioch Highway. In this task, Consultant itself or through a subconsultant approved by City shall assess the amount of diverted traffic that is forecast to use the roadway and provide a comprehensive set of volumes for the environmental document’s air quality and noise analyses. Peak hour intersection volumes will be calculated for the following scenarios:
• Existing Conditions – Existing traffic volumes on the area’s roadway network. • Existing Plus Project Conditions – Existing volumes with changes in traffic from the extension project.
• Cumulative Conditions (Year 2040) – This scenario includes horizon year conditions with the implementation of all approved land use changes and any development that is consistent with the General Plan and expected to occur within the time frame of the project. It will also include transportation projects programmed for implementation prior to the horizon year and any programmed capital improvements. Cumulative forecasts will be developed using the latest available version of the CCTA travel demand model. Currently the CCTA travel demand model has a horizon year of 2040.
• Cumulative Plus Project Conditions – Cumulative Conditions with changes in traffic from the widening project.
Transportation Assessment/Documentation. Consultant itself or through a subconsultant approved by City shall prepare the transportation assessment (transportation section of the environmental document) for the roadway extension project. This will include the evaluation and responses to the other CEQA Appendix G Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 9 of 24
questions, including policy consistency, hazards, VMT and emergency vehicle access.
The transportation assessment will include the data, findings and elements as required by CEQA statute and City of Pittsburg’s requirements.
Deliverables
• Administrative Draft CEQA Transportation Section (electronic, Word format) • Draft CEQA Transportation Section (electronic, Word format) • Final CEQA Transportation Section (electronic, Word and PDF format)
Assumptions
• Consultant’s subcontractor Consultant itself or through a subconsultant approved by City shall be available to attend up to two project meetings or virtual calls as required. Additional participation, such as public hearings, can be provided on an additional time and materials basis.
Task 2.6 Optional Task – Intersection Levels of Service (LOS) Analysis
The widening of the Pittsburg-Antioch Highway as outlined may modify traffic patterns in City of Pittsburg. In this optional task, Consultant itself or through a subconsultant approved by City shall assess the roadway’s operational performance under the existing and cumulative conditions with and without the extension. This analysis will include an assessment of peak hour LOS. While this analysis is not required as part of the project’s CEQA review, Consultant is to provide local decision makers the information needed to understand the likely effects of project approval.
Optional Task A – Intersection LOS Analysis. AM and PM peak hour intersection operations will be evaluated for the following scenarios using the HCM 7th Edition method for vehicles:
• Existing Conditions – This scenario evaluates transportation facilities based on volumes, lane geometry and traffic controls at the time of analysis. • Existing Plus Project Conditions – Existing Conditions with the addition of traffic from the project.
• Cumulative Conditions (Year 2040) – This scenario evaluates horizon year conditions with the implementation of all approved land use changes and any development that is consistent with the General Plan and expected to occur within the time frame of the project. It will also include transportation projects programmed for implementation prior to the horizon year and any programmed capital improvements. Cumulative forecasts will be developed using the latest available version of the CCTA travel demand model. Currently the CCTA travel demand model has a horizon year of 2040.
• Cumulative Plus Project Conditions – Cumulative Conditions with the addition of traffic from the project.
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 10 of 24
Weekday peak hour intersection delays and LOS will be calculated and reported for the following intersections:
• Pittsburg-Antioch Highway/Loveridge Road
• Pittsburg-Antioch Highway/Arcy Lane
• Pittsburg-Antioch Highway/Auto Center Drive
Optional Task B – Intersection LOS Memorandum. Consultant itself or through a subconsultant approved by City shall summarize the findings of the intersection LOS evaluation in a technical memorandum for project team review and comment. Draft and final versions of the technical memorandum will be prepared and submitted.
Task 3. Peer Review of Geotechnical and Hydrology/Drainage Report
The project is located adjacent to and, in some places, within a FEMA Special Flood Hazard Area (SFHA) Zone AE. Alterations to the road geometrics through the addition of new curb and gutter may result in changes to existing drainage patterns. Impacts of the project on drainage patterns and the floodplain will be important to understand and will add complexity to the design and permitting of the project.
Consultant shall perform a peer review of the City-provided, preliminary Geotechnical and Hydrology/Drainage Report. This task will include a review of the drainage criteria, the hydrologic methodology, the hydraulic modeling approach, modeling results, identified measures, and sufficiency of the analysis for CEQA purposes, as required.
Consultant shall complete a peer review of the design consultant's geotechnical report for roadway pavement design as it pertains to investigation methods, laboratory testing, and conclusions regarding roadway section compaction and placement, pavement treatment technologies, pavement section, and subgrade support.
Consultant shall provide a memorandum summarizing any comments related to the peer review, highlighting any identified potential deficiencies, and providing a identified measures regarding any required additional data. A draft will be submitted to City for review and comment. Following receipt of comments, Consultant follow up with City via a virtual meeting before finalizing the memorandum.
Deliverables
• Draft and Final Peer Review Memorandum (electronic, Word and PDF format)
Assumptions
• There is one combined report as described in the RFP
• Two Consultant technical experts will each spend no more than 24 hours reviewing the relevant report sections. If additional review time is warranted, Consultant shall contact City.
• The preliminary report will be provided to Consultant in its entirety with relevant appendices
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 11 of 24
• This scope and fee does not include review of hydrologic and hydraulic modeling files. However, if City requests this level of review, a separate scope can be discussed
• This scope and fee does not include any structural review or review of above ground structures (e.g. retaining walls)
• City will provide comments on the draft memorandum within 1 week of submittal
Task 4. Technical Analysis/Initial Study
An administrative draft CEQA Initial Study will be prepared and provided to City for review and comment that incorporates an analysis of all CEQA Appendix G topics.
While this scope of work assumes a focused EIR, Consultant shall meet with City to discuss the findings and results. Upon a determination regarding the appropriate CEQA level of analysis, the initial study will be finalized and either attached to a Notice of Preparation of an EIR with a summary of the project and alternatives or optionally could be circulated as an initial study/mitigated negative declaration. Using this process allows City to either avoid the time and expense of an EIR or save funds by focusing the EIR on only key issues of concern.
Task 4.1. Project Description and Agency Consultation
Consultant shall prepare a complete CEQA project description based on the preliminary project plans and construction details. This will be based on project boundaries, inclusive of construction boundaries and utility connections. The administrative draft project description will be submitted to City for review and comment. The project description will then be the basis of conducting the environmental analysis and final technical reports. This task also provides for coordination with City regarding scope and review process for the joint document.
Deliverables
• Administrative Draft Project Description #1 (electronic, Word format) • Administrative Draft Project Description #2 (electronic, Word format) • Final Project Description
Assumptions
• Two rounds of review and comment will be conducted by City • The final project description will be incorporated into the initial study
Task 4.2. Administrative Draft Initial Study
Consultant shall prepare an analysis of the potential direct, indirect, and cumulative effects of the project on the range of issues required to meet CEQA requirements, and present mitigation measures as warranted. If significant and unavoidable impacts are identified, the initial study will indicate that topic will be addressed in an EIR. This Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 12 of 24
analysis will draw from the technical studies described in Task 2. The administrative draft will include the objectives of the project, the analysis per topic for the project, a summary of necessary mitigation measures, and a complete record of correspondence, public outreach, publications, and exhibits.
Preparation of the Administrative Draft initial Study (AIS) will begin once the preliminary Project plans showing project footprint, disturbance/grading footprints, areas to be blocked or restored, staging and access area(s), construction methods and timelines, and total acreage of areas subject to impact have been developed. Changes to project design, footprint, and/or scope after receipt of the preliminary design may warrant changes to the AIS, additional surveys, or analyses, and are not included in this scope of work.
Consultant shall submit the AIS #1 to City for review and comments. Consultant shall integrate appropriate comments and submit the revised AIS #2 to City for distribution to the parties involved in review and comment.
Deliverables
• AIS #1 (Word format, electronic delivery)
• AIS #2 (Word format, electronic delivery)
Assumptions
• Two rounds of review and comment will be conducted by City
Task 4.3. CEQA Determination
Upon receipt of comments on AIS #2, Consultant shall review the comments and schedule a meeting with City to discuss the appropriate level of CEQA documentation, and review procedures, scope, required public review and comment, and schedule.
Based on the determination made in this meeting, NCE will either proceed with completing a Focused EIR or the optional MND.
Deliverables
• Meeting Agenda and Summary (electronic, Word and PDF format)
Assumptions
• Meeting will be held in person at the City
Task 5. Focused Environmental Impact Report
Task 5 will be authorized and implemented if identified as the CEQA approach in Task
4. Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 13 of 24
Task 5.1. Notice of Preparation and Agency Scoping
Upon a decision to move forward with an EIR, an administrative draft Notice of Preparation (NOP) will be prepared and submitted to City for review and comment.
Consultant shall address City comments, prepare a Screencheck NOP with the Initial Study (NOP/IS) attached. If mitigation measures are identified that do not require analysis in the EIR, these will be included in a draft Agreement to Implement Mitigation Measures that will be submitted with the Screencheck NOP/IS. The Agreement and NOP/IS need to be signed prior to finalizing and uploading to CEQASubmit for the 30- day circulation period. If requested by an Agency or City, Consultant shall conduct a scoping meeting with either just agencies or also the public to discuss the relevant resource issues that may not have been addressed during early scope in Task 1.4.
Deliverables
• Administrative Draft NOP/IS with Agreement to Implement Mitigation Measures (electronic, Word format)
• Screencheck Draft NOP/IS (electronic, Word and PDF format) • Final NOP/IS (electronic, Word and PDF format)
• Scoping meeting agenda and summary (electronic, Word and PDF format)
Assumptions
• City shall submit one consolidated set of comments to Consultant for each round of review
Task 5.2. Administrative Draft EIR
Consultant shall prepare an administrative draft Focused EIR in accordance with the City’s Guidelines. Based on the issues identified as key concerns in the RFP, the General Plan EIR, and our understanding of City issues, this scope assumes that the Draft EIR will focus on biological/aquatic resources, transportation and circulation, and noise and vibration. Consultant shall confer with the City to develop an agreed-upon approach to the analysis of project and cumulative impacts and make a preliminary decision as to which alternatives to include in the document, thus this scope is subject to change. The final selection of alternatives will be informed by the results of the environmental analysis. Consultant’s in-house Technical Editor will review and edit all sections of the administrative draft for consistency prior to submittal to City.
The Administrative Draft EIR will include the following sections:
• Summary
• Introduction
• Project Description
• Plans and Policies
• Environmental Setting and Impacts
° Biological and Aquatic Resources
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Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 14 of 24
° Hydrology and Water Quality
° Traffic and Circulation
• Other CEQA Considerations
• Alternatives
• Authors and Persons Consulted
Consultant shall prepare an Administrative Draft EIR with a draft Mitigation and Monitoring Reporting Program (MMRP). The MMRP will include the mitigation measures described in the IS and the EIR. The Final MMRP will list the mitigation and improvement measures identified as conditions of approval per City staff direction.
Consultant shall work with City to identify the parties responsible for implementing, monitoring, and/or reporting on each measure, and the schedule for implementation.
The Final MMRP will be included as an Exhibit to the CEQA Findings.
Deliverables
• Administrative Draft Focused EIR (electronic, Word format)
Assumptions
• City will submit one consolidated set of comments to Consultant for each round of review
Task 5.3. Draft EIR
Consultant shall submit a Screencheck Draft EIR for final review by City based on one set of consolidated comments. Consultant shall make any final edits, upload the document to CEQASubmit, and file it as outlined in Task 7. NCE will publish the Draft EIR at City's direction and provide an electronic PDF version for posting by City on its web site.
Deliverables
• Screencheck Draft Focused EIR (electronic, Word and PDF format) • Draft Focused EIR (electronic, Word and PDF format)
Assumptions
• City will submit one consolidated set of comments to Consultant for each round of review
Task 5.4. Final EIR
After the close of the public comment period, Consultant shall work with staff to compile all written and oral comments received during the public comment period, and identify any responses that may require additional analysis, require information from other parties, trigger recirculation, or otherwise require consultation with the project team.
Consultant shall prepare an administrative draft Final EIR (FEIR) responding to the Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 15 of 24
comments on the DEIR. The FEIR will include an introduction and executive summary, any revisions to the project description, a list of persons commenting, master comments to repetitive but substantive comments (as necessary), comments and responses to each comment, any DEIR revisions, and any new appendices.
Consultant shall revise administrative draft FEIR based on one set of consolidated comments from City and produce the Screencheck Draft FEIR and then FEIR for City review.
Consultant shall publish the FEIR at City's direction and provide an electronic PDF version for posting by City on its web site. Upon request, Consultant shall assist City in preparing responses to issues raised in late comments and, if directed, will prepare errata amending the FEIR to make additional corrections or other revisions.
Deliverables
• Administrative Draft FEIR (electronic, Word format)
• Screencheck Draft FEIR (electronic, Word and PDF format) • FEIR (electronic, Word and PDF format)
Assumptions
• City will submit one consolidated set of comments to Consultant for each round of review
• Up to fifty (50) public comment letters may be received with no more than 10 substantive topics
• Up to five Agency comments may be received to be individually addressed
Task 5.5. Findings of Fact and Statement of Overriding Considerations, Final MMRP
Consultant shall work with staff to prepare written findings for each significant effect identified in the EIR pursuant to CEQA Guidelines Section 15091. Where impacts are determined to be significant and unavoidable, the document will identify overriding considerations related to the competing public objectives and benefits that were determined to outweigh the unavoidable adverse effects of the project. The Final MMRP will be included as a part of this document.
Deliverables
• Administrative Draft Findings/SOC #1 (electronic, Word format) • Screencheck Draft Findings/SOC (electronic, Word and PDF format) • Findings/SOC (electronic, Word and PDF format)
Assumptions
City will submit one consolidated set of comments to Consultant for each round of review
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 16 of 24
Optional Task 5A: Mitigated Negative Declaration
Optional Task 5A may be authorized and implemented in place of the following Focused EIR Task 5 if identified as the CEQA approach in Task 4.
Task 5A.1. Prepare Public Review Draft MND and Notice of Intent to Adopt
Consultant shall prepare a draft MND statement page for review and comment, finalize it, and insert in a Screencheck Public Review Draft MND City final review and comment.
Consultant shall also prepare a draft Notice of Intent to Adopt (NOI) using City’s circulation date, link to City’s website, and hearing date. Consultant shall finalize the documents based on staff comments and upload to CEQASubmit as outlined in Task 7.
The Final NOI will be provided to the City to notice adjacent property owners and publish the NOI in a paper of general circulation.
Deliverables
• Draft and final MND page (electronic, Word format)
• Screencheck Draft MND (electronic, Word and PDF format) • Public Review Draft MND (electronic, Word and PDF format)
Assumptions
• The City will circulate the NOI to adjacent property owners per City requirements • The City will publish the NOI in a paper of general circulation
Task 5A.2. Prepare Response to Comments
After the close of the public comment period, Consultant shall review the public and agency comments, compile all substantive comments, and provide written responses to each comment. Responses will be organized to briefly address non-CEQA comments on the project, public comments, then agency comments. Where more than one comment is addressing the same point or where otherwise relevant, responses to topical questions will be addressed and referenced to avoid redundancies.
Deliverables
• Administrative Draft Response to Comments #1 (electronic, Word format) • Administrative Draft Response to Comments #2 (electronic, Word format)
Assumptions
• Up to fifteen (15) public comment letters may be received with no more than 10 substantive topics.
• Up to five Agency comments may be received to be individually addressed.
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Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 17 of 24
Task 5A.3. Prepare Final MND
A Screencheck Draft Final MND will be submitted for final City review. Consultant shall address comments and Final MND will be compiled to consist of the City reviewed and approved responses to comments, a list of commenters and letters, and the Public Review Draft.
Deliverables
• Screencheck Draft Final MND (electronic, Word and PDF format) • Final MND (electronic, Word and PDF format)
Assumptions
• All documents will be delivered electronically
Task 6. Hearing and Decision-Making Support
The Consultant Project Manager shall attend up to four public hearings to present a summary of the EIR and answer questions if the second option is pursued. Should Optional Task 5 be selected, this scope of work would be reduced to up to two public hearings for the MND. This includes one public hearing held by the Planning Commission to receive oral comments on the Draft EIR. The Consultant Project Manager shall attend the public hearing at the Planning Commission on the certification of the EIR or adoption of the IS/MND and will be available to answer questions as needed. Upon request, Consultant shall assist City staff in preparing the hearing presentation and responding to questions from the Planning Commission.
Consultant shall also draft staff reports and supporting documents for City’s decision- making process as needed.
Deliverables
• Consultant Project Manager attendance at up to four public meetings at the City • Up to four draft staff reports with supporting documents
Assumptions
• Staff will provide examples of City staff reports for formatting and style guidance.
Task 7. Certification and Filings
Consultant shall assist City in publishing, posting, and filing the CEQA document and related notices. This will include preparing a Prepare Notice of Availability (NOA) or Notice of Intent to Adopt (NOI), Notice of Completion (NOC), and Summary Form required for CEQASubmit postings, and the Notice of Determination (NOD) upon final City action on the project. Consultant shall take the lead role filing paperwork with the relevant state and/or local agencies and submit all required documents to the State Clearinghouse via CEQASubmit.
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 18 of 24
Deliverables
• Draft and Final NOA or NOI (electronic, Word and PDF format) • Draft and Final NOC (electronic, PDF format)
• CEQASubmit Summary Form (electronic, PDF format)
• Draft and Final NOD (electronic, Word and PDF format)
Assumptions
• Consultant shall file the notices as appropriate with the Contra Costa County Clerk
• Consultant shall be reimbursed for filing fees
• City will publish and pay for notices in a paper of general circulation
Task 8. Resource Agency Permitting and Coordination
This task assumes that the ARD will determine that both WOUS and Waters of the State are present and impacted by the project.
Task 8.1. Agency Outreach
Following the project kickoff meeting, Consultant shall conduct initial agency outreach.
This outreach shall occur with USACE, RWQCB, and CDFW. Consultant shall identify the primary point of contact, introduce the project, discuss the overall schedule, identify key issues, and confirm application requirements and timing of subsequent check-ins.
Consultant anticipates the initial outreach efforts will include a phone call or virtual meeting lasting up to one hour per agency for up to three agencies.
Prior to the initial agency outreach, Consultant shall prepare an Environmental Tracker (Excel based spreadsheet tool) to track and document the outcomes of these discussions. This task also includes time for managing the Environmental Tracker throughout the project to document agency contacts, routine agency coordination/communications, permit application status, mitigation measures from environmental documents, and the permit conditions included in final approved permits.
Consultant shall anticipate regular check-ins with regulatory agency staff during the life of the project that are in addition to the formal meetings, field reviews, and submittals noted below.
Deliverables
• Initial agency outreach notes
• Development and ongoing management of Environmental Permit Tracker
Assumptions
• Consultant shall perform initial agency outreach for up to three agencies • Each engagement will last up to one hour
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Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 19 of 24
• Up to six meetings with permitting agencies during the permitting phase of the project
Task 8.2. RWQCB Section 401 Water Quality Certification Request
A Section 401 Water Quality Certification is required from the RWQCB for both temporary and/or permanent impacts to Waters of the State. Consultant shall prepare a Water Board Discharges of Dredged or Fill Material to Waters of the State application (also known as a Water Quality Certification application). Per the September 11, 2020, EPA final ruling, Consultant shall also complete the 401 Water Quality Certification Request, which is an addendum of nine elements, and include it with the Water Quality Certification application submittal. Lastly, per the September 11, 2020, final rule, Consultant shall email a Pre-Fill Meeting Request to the RWQCB and copy the USACE 30 days prior to submitting the Water Quality Certification application. Consultant and a representative from City will attend the Pre-Fill meeting (virtual) with the RWQCB.
Consultant shall provide a digital copy of the permit application to City for review and comment. City will provide Consultant with one set of consolidated comments.
Consultant shall obtain, review, and integrate appropriate comments submitted by City.
Consultant shall revise the Draft permit application and submit the Final permit application to the RWQCB on behalf of City. Consultant shall follow up with the RWQCB once the application is submitted.
Deliverables
• Draft and Final Notification of Water Quality Certification application (electronic, PDF format)
Assumptions
• City will provide payment of the permit application fee • The RWQCB will not require mitigation for temporary impacts • Any required dewatering or temporary water diversion plans will be prepared by City or others
• A water quality monitoring plan will not be required by the RWQCB • Permit condition compliance, mitigation plan, monitoring, and reporting is not a part of this scope of work because the project specific permit requirements are currently unknown
Task 8.3. USACE Section 404 Permit Application
Consultant shall prepare a Section 404 Nationwide #14 permit application for submittal to the USACE. The permit application will include the following:
• Cover letter to USACE
• Application forms
• ARD Report
• Biological Resources Report
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Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 20 of 24
• Figures and drawings
• Cultural Resources Letter Report
Consultant shall provide a digital copy of the permit application to City for review and comment. City will provide Consultant with one set of consolidated comments.
Consultant shall obtain, review, and integrate appropriate comments submitted by City.
Consultant shall revise the Draft permit application and submit the Final permit application to the USACE on behalf of City. Consultant shall follow up with USACE once the application is submitted.
Deliverables
• Draft and Final permit application (electronic, PDF format)
Assumptions
• USACE is the lead federal agency and if required, will initiate Section 7 consultation with USFWS
• Permit condition compliance, mitigation plan, monitoring, and reporting are not a part of this scope of work because the project specific permit requirements are currently unknown
• The project will impact less than 0.5 acres of aquatic resources and therefore will not require an Individual Permit. If aquatic resources impacts exceed this threshold, then Consultant shall prepare an Individual Permit. Consultant shall provide an additional budget request to cover this additional work.
Task 8.4. CDFW Lake and Streambed Alteration Agreement Application
Consultant shall prepare and submit a CDFW Notification of Lake or Streambed Alteration application. The application package will include:
• A project description
• Evaluations of impacts to the creek and riparian habitat • The type, linear feet, and total area of riparian vegetation subject to impact • Documentation of any special status fish, wildlife, plants, or supporting habitat at or near the project site
• Biological Survey Report
• Mapped fish and/or wildlife resources
• Waters of the State of California and U.S. ARD Report • Water quality BMPs to protect fish, wildlife, and plant resources • Avoidance and/or minimization measures to protect fish, wildlife, and plant resources
• Project mitigation and/or compensation to protect fish, wildlife, and plant resources
Consultant shall provide an electronic copy of the Draft Notification of Lake or Streambed Alteration application to City for review. Consultant shall obtain, review, and Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 21 of 24
integrate appropriate comments submitted by City and will then revise the permit application and prepare the Final Notification of Lake or Streambed Alteration application for submittal to the CDFW. Consultant shall follow up with CDFW once the application is submitted.
Deliverables
• Draft and Final Notification of Lake or Streambed Alteration application (electronic, PDF format)
Assumptions
• City will provide payment of the permit application fee • A CDFW Incidental Take Permit will not be needed
• Permit condition compliance, mitigation plan, monitoring, and reporting is not a part of this scope of work because the project specific permit requirements are currently unknown
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Nichols Consulting Engineers Page 22 of 24
Schedule
Below is the Consultant’s schedule for delivery of the described scope of services from notice to proceed as discussed with City on October 30, 2025. The City does not anticipate contracting a design consultant before mid-December, and perhaps later.
Depending on final scoping refinement and clarifications with the City, as well as the date NCE receives at least 35% plans to prepare the CEQA project description, we may need to make additional adjustments to our schedule.
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
City of Pittsburg
CEQA Analysis and Resource Agency Permitting for Pittsburg-Antioch Highway Widening (Project 3039) Cost Proposal
July 30, 2025
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$350 $285 $280 $235 $225 $215 $200 $190 $175 $135 $130 $120 $120 Task 1 Project Management, Initiation and Scoping
1.1 Project Initiation 1 350$ 8 2,280$ 1 280$ 1 235$ 2 450$ 1 215$ 4 800$ -$ 8 1,400$ -$ -$ -$ 2 240$ -$ -$ -$ 28 6,250$
1.2 Document Review and Site Visit -$ 4 1,140$ -$ -$ -$ -$ 2 400$ -$ 12 2,100$ -$ -$ -$ -$ 65$ 65$ -$ -$ 18 3,705$
1.3 Project Management and Coordination -$ 80 22,800$ -$ 8 1,880$ 8 1,800$ -$ 24 4,800$ -$ 8 1,400$ -$ -$ -$ 12 1,440$ -$ -$ -$ 140 34,120$
1.4 Public and Agency Early Scoping -$ 6 1,710$ -$ 2 470$ 2 450$ -$ 4 800$ -$ 6 1,050$ -$ -$ -$ -$ -$ -$ -$ 20 4,480$ Subtotals 1 350$ 98 27,930$ 1 280$ 11 2,585$ 12 2,700$ 1 215$ 34 6,800$ 0 -$ 34 5,950$ 0 -$ 0 -$ 0 -$ 14 1,680$ 65$ -$ -$ 206 48,555$ Task 2 Specialized Technical Studies
2.1 Aquatic Resources Delineation/Letter Report -$ 1 285$ -$ 4 940$ 28 6,300$ 0 -$ 0 -$ -$ 48 8,400$ 20 2,700$ -$ 4 480$ 0 -$ 130$ 150$ 280$ -$ -$ 105 19,385$
2.2 Biological Resources Letter Report w/tree survey -$ 1 285$ -$ 4 940$ 28 6,300$ 0 -$ 1 200$ -$ 60 10,500$ 24 3,240$ -$ 4 480$ 0 -$ 130$ 150$ 280$ -$ -$ 122 22,225$
2.3 Cultural Resources Report -$ 1 285$ -$ 4 940$ 12 2,700$ 14 3,010$ -$ -$ 76 13,300$ 20 2,700$ 16 2,080$ -$ 2 240$ 1,680$ 1,680$ -$ -$ 145 26,935$
2.4 Phase I Environmental Site Assessment (ESA) 2 700$ 1 285$ -$ -$ -$ -$ 20 4,000$ -$ -$ -$ 5 650$ 3 360$ 2 240$ 1,150$ 1,150$ -$ -$ 33 7,385$
2.5 Transportation and Traffic Report -$ 2 570$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 37,340$ -$ 2 37,910$
2.6 Intersection LOS Analysis $8,540 -$ 0 Subtotals 2 700.00$ 6 1,710.00$ 0 -$ 12 2,820.00$ 68 15,300.00$ 14 3,010.00$ 21 4,200.00$ 0 -$ 184 32,200.00$ 64 8,640.00$ 21 2,730.00$ 11 1,320.00$ 4 480.00$ 260 3,130 3,390$ 45,880$ -$ 407$ 122,380$ Task 3 Peer Review of Geotechnical and
Hydrology/Drainage Report
Task 3 Peer Review 24 8,400$ 1 285$ 24 6,720$ -$ -$ -$ -$ -$ -$ -$ -$ 4 480$ -$ -$ -$ -$ 53 15,885$ Subtotals 24 8,400$ 1 285$ 24 6,720$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 4 480$ 0 -$ -$ -$ -$ 53 15,885$ Task 4 Technical Analysis/Initial Study
4.1 Project Description and Agency Consultation 2 700$ 12 3,420$ -$ 2 470$ -$ -$ 8 1,600$ -$ 32 5,600$ -$ 12 1,560$ 4 480$ -$ -$ -$ -$ 72 13,830$
4.2 Administrative Draft Initial Study 4 1,400$ 20 5,700$ -$ 2 470$ 8 1,800$ -$ 18 3,600$ -$ 100 17,500$ -$ -$ 8 960$ -$ -$ -$ -$ 160 31,430$
4.3 CEQA Determination Meeting -$ 2 570$ -$ -$ -$ -$ 4 800$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 1,370$ Subtotals 6 2,100$ 34 9,690$ 0 -$ 4 940$ 8 1,800$ 0 -$ 30 6,000$ 0 -$ 132 23,100$ 0 -$ 12 1,560$ 12 1,440$ 0 -$ -$ -$ -$ 238 46,630$ Task 5 Focused EIR
5.1 Notice of Preparation and Agency Scoping -$ 8 2,280$ -$ -$ -$ -$ 8 1,600$ -$ -$ -$ -$ -$ -$ 55$ 55$ -$ -$ 16 3,935$
5.2 Administrative Draft Focused EIR 4 1,400$ 24 6,840$ 6 1,680$ 4 940$ 12 2,700$ -$ 40 8,000$ -$ 140 24,500$ -$ 16 2,080$ 32 3,840$ -$ -$ -$ -$ 278 51,980$
5.3 Prepare Draft Focused EIR -$ 6 1,710$ -$ -$ -$ -$ 8 1,600$ -$ 24 4,200$ -$ -$ 8 960$ -$ -$ -$ -$ 46 8,470$
5.4 Prepare Final EIR -$ 30 8,550$ -$ 2 470$ 8 1,800$ -$ -$ -$ 40 7,000$ -$ -$ 24 2,880$ -$ -$ -$ -$ 104 20,700$
5.5 Findings of Fact, SOC, Final MMRP -$ 8 2,280$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24 2,880$ -$ -$ -$ -$ 32 5,160$ Subtotals 4 1,400 76 21,660 6 1,680 6 1,410 20 4,500 0 0 56 11,200 0 0 204 35,700 0 0 16 2,080 88 10,560 0 0 55 0 55 0 0 476 Task 6 Hearing and Decision-Making Support
Assumes 4 in person meetings PM(4), Tech (2) -$ 20 5,700$ -$ 10 2,350$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 330$ 330$ -$ -$ 30 8,380$ Staff reports (4) -$ 8 2,280$ -$ -$ -$ -$ 12 2,400$ -$ 32 5,600$ -$ -$ 12 1,440$ -$ -$ -$ -$ 64 11,720$ Subtotals 0 -$ 28 7,980$ 0 -$ 10 2,350$ 0 -$ 0 -$ 12 2,400$ 0 -$ 32 5,600$ 0 -$ 0 -$ 12 1,440$ 0 -$ 330$ -$ -$ 94 20,100$ Task 7 Certification and Filings
NOP, NOA, NOC, Summary Form, NOD -$ 2 570$ -$ -$ -$ 6 1,290$ -$ -$ 16 2,800$ -$ -$ -$ -$ 260$ 4,325$ 4,585$ -$ -$ 24 9,245$ Subtotals 0 -$ 2 570$ 0 -$ 0 -$ 0 -$ 6 1,290$ 0 -$ 0 -$ 16 2,800$ 0 -$ 0 -$ 0 -$ 0 -$ 4,585$ -$ -$ 24 9,245$ Task 8 Resource Agency Permitting & Coordination
8.1 Agency Outreach -$ 2 570$ -$ 4 940$ 28 6,300$ -$ -$ -$ 24 4,200$ -$ -$ -$ -$ -$ -$ -$ 58 12,010$
8.2 RWQCB Section 401 permit -$ 2 570$ -$ -$ 24 5,400$ -$ -$ -$ 52 9,100$ -$ -$ 2 240$ -$ -$ -$ -$ 80 15,310$
8.3 CDFW Lake and Streambed Alteration Agreement -$ 2 570$ -$ -$ 24 5,400$ -$ -$ -$ 52 9,100$ -$ -$ 2 240$ -$ -$ -$ -$ 56
8.4 USACE Section 404 Permit -$ 2 570$ -$ -$ 20 4,500$ -$ -$ -$ 48 8,400$ -$ -$ 2 240$ -$ -$ -$ -$ 52 Subtotals 0 -$ 8 2,280.00$ 0 -$ 4 940.00$ 96 21,600.00$ 0 -$ 0 0 0 -$ 176 30,800.00$ 0 -$ 0 -$ 6 720.00$ 0 -$ -$ -$ -$ -$ -$ 246 Project Totals 37 12,950 253 72,105 31 8,680 47 11,045 204 45,900 21 4,515 153 30,600 0 0 778 136,150 64 8,640 49 6,370 133 15,960 18 2,160 315 3,130 8,425 45,880 0 1,744 Project IISenior I
Cost
Project I
Cost
Staff IICity of Pittsburg
Pittsburg-Antioch Highway Project 3039 -
Focused EIR
Principal Project Manager Senior II
CostCost
Associate
Cost
Staff I
CostCost
Totals
HoursF&P Saxelby
Expenses Subconsultants
CostVehicle &
Mileage Other Direct Cost
Field Scientist
Cost
Clerical
Cost
Technical EditorGIS Technician
Cost
90,245$
409,380.00$
8,540$
56,340.00$
15,310$
13,710$
Nichols Consulting Engineers, Chtd.
EXHIBIT B
COMPENSATION SCHEDULE
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
Consulting Services Agreement between January 21, 2026
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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.
CONSULTANT
By:
Title: Vice President
Docusign Envelope ID: CCBC07E4-9F0F-4C2D-AEAC-0A0AF799DF85
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Darin E. Gale - City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with Francisco and Associates for Assessment
Engineering and Consulting Services in the Landscaping and Lighting Assessment Districts
MEETING DATE: January 20, 2026
EXECUTIVE SUMMARY
City of Pittsburg has two active Landscaping and Lighting Assessment Districts (LLAD), both formed in 1988 and affirmed by voters in 1996 in conformance with the Proposition 218 Omnibus Implementation Act. The assessment partially funds staff and materials to maintain streetlights, street trees, concrete repair for damage caused by street trees, and landscaping in parks, rights-of-way, and medians. The districts have experienced structural budget deficits due to inadequate assessment revenue and the general inflation of service costs over time. This resolution would authorize an agreement for consulting services to address the revenue shortfall.
FISCAL IMPACT
The agreement with Francisco and Associates will have a maximum compensation of $160,000 to be funded by the Public Works Department, Engineering Division approved operating budget.
RECOMMENDATION
City Council authorize the City Manager to execute the agreement with Francisco and Associates.
BACKGROUND
On June 6, 1988, City Council adopted Resolution No. 88-7324, confirming the Engineer’s Report, ordering improvements and levying the first annual Assessment for Landscaping and Lighting Maintenance Assessment District 1988-01 (Citywide LLAD 1988-01). Council also adopted Resolution No. 88-7322, accepting the Engineer’s Report, ordering the improvements, and levying the Assessment for Landscaping & Lighting Assessment District 1988-02 (Oak Hills LLAD 1988-02).
In the 1996 general election, voters confirmed the assessment in conformance with the Proposition 218 Omnibus Implementation Act (Government Code 53750 et seq.), collectively known as “Proposition 218.”
In Fiscal Year (FY) 1990/91, assessment rates increased in Citywide LLAD 1988-01.
In FY 1990/91, assessment rates increased in Oak Hills LLAD 1988-02 and have remained unchanged for 35 years.
In FY 2007/08, assessment rates for residential parcels in Citywide LLAD 1988-01 increased and have remained unchanged for 18 years.
Because the assessment rates in Citywide LLAD 1988-01 and Oak Hills LLAD 1988-02 have remained unchanged for 18 and 35 years respectively, the costs of providing the services in these districts have outpaced the assessments collected. As a result, the City's General Fund has subsidized these districts year after year. The City Council and staff are exploring options for a potential assessment increase.
On October 31, 2025, staff issued a Request for Proposal (RFP) for Assessment Engineering and Consulting Services for Landscaping and Lighting Assessment Districts.
SUBCOMMITTEE FINDINGS
On April 24, 2025, the Infrastructure and Transportation Subcommittee met and staff sought their input on a potential effort to increase revenue for the districts through a rate increase and the inclusion of a Consumer Price Index escalating factor. The Subcommittee recommended that staff engage a consultant to assist with this effort.
STAFF ANALYSIS
The assessment districts were formed to pay for staff and materials to install and maintain streetlights, street trees, concrete repair for damage caused by street trees, and landscaping in parks, right-of-ways, and medians.
The districts have experienced structural budget deficits due to inadequate assessment revenue and the general inflation of service costs over time. Of the over $6,000,000
budgeted in FY 2025/26 for expenditures in the Citywide LLAD 1988-01, the General Fund contributes over $2,200,000 or 37% of costs to cover the funding gap.
The current assessment and funding level is insufficient to fully implement the Landscape Maintenance Master Plan or achieve the City Council’s FY 2024/25 and 2025/26 goals of increasing the beautification of City-maintained areas.
In response to the need for funding these districts, the City issued the RFP for consulting services. Of the two proposals received and reviewed, Francisco and Associates’ proposal is higher quality and has better value.
ATTACHMENTS: Resolution
Consultant Services Agreement
Report Prepared By: Sharon Paz, Administrative Analyst II
Resolution No. 26- Page 1 of 2 January 20, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute an Agreement )
With Francisco and Associates for Assessment ) RESOLUTION NO. 26- Engineering and Consulting Services for the )
Landscaping and Lighting Assessment Districts )
WHEREAS, City of Pittsburg has two active Landscaping and Lighting Assessment Districts (LLAD), Citywide LLAD 1988-01 and Oak Hills LLAD 1988-02, both formed in 1988 in conformance with the 1972 Landscaping and Lighting Act (California Streets and Highways Code Section 22500 et seq.); and
WHEREAS, the LLADs were affirmed by voters in 1996 in conformance with the Proposition 218 Omnibus Implementation Act (Government Code 53750 et seq.) collectively known as “Proposition 218;” and
WHEREAS, the assessment partially funds staff and materials to maintain streetlights, street trees, concrete repair for damage caused by street trees, and landscaping in parks, rights-of-way, and medians; and
WHEREAS, all assessment rate categories in Citywide LLAD 1988-01 increased in Fiscal Year (FY) 1990/91. In FY 2007/08, only residential assessment were raised, while the rates for all other parcels remained the same; and
WHEREAS, assessment rates in Oak Hills LLAD 1988-02 increased in Fiscal Year (FY) 1990/91 and have remained unchanged; and
WHEREAS, neither district has a CPI escalating factor in the current rate methodology; and
WHEREAS, the districts have experienced structural budget deficits due to inadequate assessment revenue and the general inflation of service costs over time; and
WHEREAS, on April 24, 2025, the Infrastructure and Transportation Subcommittee recommended that staff explore options for an assessment increase; and
WHEREAS, on October 31, 2025, staff issued a Request for Proposal for Assessment Engineering and Consulting Services for the LLADs; and
WHEREAS, on November 24, 2025, two firms submitted proposals, and after review, the selection panel determined that Francisco and Associates’ proposal was a higher quality and a better value, with a total cost of $160,000, which shall be paid from the Public Works Department, Engineering Division’s approved operating budget.
Resolution No. 26- Page 2 of 2 January 20, 2026
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the agreement with Francisco and Associates.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
Consulting Services Agreement between January 21, 2026
City of Pittsburg and Francisco and Associates Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
FRANCISCO AND ASSOCIATES, INC.
Relative to:
Assessment Engineering and Consulting Services
for Landscaping and Lighting Assessment Districts
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Francisco and Associates, a California corporation (“Consultant”) (together referred to as the “Parties”) as of January 21, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on August 31, 2026 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Sixty Thousand Dollars ($160,000), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.
▪ Invoices should be emailed to [email protected]
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section
2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
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4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be determined to apply.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
Consultant : Francisco and Associates
5963 La Place Court, Suite 110
Carlsbad, CA 92008
ATTN: Ed Espinoza, President
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional Docusign Envelope ID: 732C9EE6-2A53-455B-9256-72F8FA7880A8
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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 City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
To the extent there are any inconsistencies between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistencies between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG CONSULTANT
____________________________ ______________________________ Darin Gale, City Manager Ed Espinoza, President
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
PHASE I – BENEFIT ANALYSIS
Consultant shall perform a benefit analysis that will identify eligible improvements that may be funded with a Landscaping and Lighting Assessment District (“LLAD”); review and coordinate with City staff to develop cost estimates to maintain, operate, and replace eligible improvements; quantify general benefits to the public at large; and develop an assessment methodology to proportionately spread the cost corresponding to the special benefits conferred to each assessable parcel in the City. Consultant shall present the benefit analysis and proposed assessment methodology to City staff and City Council for approval. Below is a more detailed list of tasks related to the benefit analysis.
Task 1 - Project Team Meetings
Consultant shall meet with City staff, legal counsel, and other project team members on an as needed basis to collect and disseminate project information. Meetings will include, but not be limited to, a review of the scope of work, development of the project schedule with pertinent deliverables and milestone dates.
Task 2 - Collect Available Data
Consultant shall collect available data from the City related to its LLADs. Information may include a list of improvements to be maintained; improvement diagrams or the location of improvements currently maintained or proposed to be maintained; cost estimates to operate, maintain, and replace relevant improvements.
Task 3 – Develop a Citywide Parcel Database
Consultant shall develop a Citywide parcel database with applicable property characteristics from the most recent County Assessor’s data. In addition, a computer program will be developed to assist in the modeling of parcel assessments. Property characteristics will be reviewed, audited as necessary and validated for accuracy. The parcel database will be the basis for the modeling of assessments.
Task 4 – Identify Eligible Improvements
Consultant shall identify the types and locations of the eligible improvements to be funded using assessment revenues. Categorize improvements into multiple categories, which may include improvements that are of regional or citywide benefit to people and property both within and outside the City, and those improvements that are more of a local benefit to property.
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Task 5 – Identify Cost Estimates for each Improvement
Consultant shall coordinate with City staff to develop cost estimates for each improvement. Cost estimates are anticipated to include the costs to operate, maintain, and replace the improvements at the end of their useful life.
Task 6 – Perform Benefit Analysis
Based on Consultant’s review of the locations and categories of improvements to be funded using assessment revenues, Consultant shall perform a benefit analysis of each improvement that quantifies and segregates the cost attributable to general benefit to the public at large from the special and direct benefit conferred to property. The benefit analysis will also include the development of an assessment methodology that apportions all costs attributable to special benefit to each parcel, and a comparison of the existing assessment to the proposed assessment for each parcel.
Task 7 – Present the Benefit Analysis to City Staff
Consultant shall present the draft benefit analysis to City staff and the project team for review and comment. Based on comments received from City staff and project team on the benefit analysis, Consultant shall finalize the benefit analysis and assessment methodology that will serve as the basis for the proposed assessment rates.
Task 8 – Develop Strategy to Replace Existing LLADs with New LLAD Based on the approved benefit analysis, Consultant shall assist City staff with developing a strategy to replace its existing two (2) LLADs with a consolidated Citywide LLAD comprised of benefit zones. Consultant shall review and discuss the Proposition 218 process and tentative timeline with City staff.
PHASE II – ENGINEER’S REPORT AND CITY COUNCIL APPROVAL
Consultant shall prepare the required Engineer’s Report in accordance with the requirements of Proposition 218 and the Landscape and Lighting Act of 1972 to form a new LLAD that will fund ongoing maintenance and operations of landscaping, parks, sidewalk, street trees, streetlighting improvements, and possible recreational facilities.
Below is a more detailed list of tasks related to the preparation and approval of the Engineer’s Report.
Task 1 – Preparation of the Engineer’s Report
Consultant shall prepare Engineer’s Report that includes quantification of general benefit to the public at large and substantiating the special benefits to property assigned to each parcel within the City. Consultant shall prepare an assessment diagram and include it in the Engineer’s Report. Consultant shall provide a draft of the Engineer’s Report to the project team for review and comment. Consultant shall address comments from the project team and prepare the final Engineer’s Report. Consultant President, Ed Espinoza, will sign the Engineer’s Report as a registered Engineer in the State of California.
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Task 2 – City Council Approval and Public Hearing
Consultant shall assist City staff to prepare the City Council documents to approve the Engineer’s Report and authorize Proposition 218 proceedings. Consultant shall attend at least two City Council meetings, including the public hearing required by Proposition 218, to address questions from City Council and the public.
PHASE III – PROPOSITION 218 PROCEEDINGS
Consultant shall assist the City with Proposition 218 proceedings including; community and City Council engagement; dissemination of information to stakeholders; preparation of a mailing database that includes the most current parcel information (property owner names, mailing addresses, etc.); production of notices and ballots; mailing of notices and ballots; fielding property owner inquiries; preparation and mailing of replacement notices and ballots if requested by property owners; and tabulation of returned ballots.
Below is a more detailed list of tasks related to the required Proposition 218 proceedings.
Task 1 – Project Team Meetings
Consultant shall attend virtual meetings with the project team to discuss public outreach strategy and information that will be provided to stakeholders.
Task 2 – Develop a Strategy for Community and Council Engagement Consultant shall collaborate with City staff as needed to establish a strategic plan to educate and engage community stakeholders on the proposed LLAD.
Task 3 – Assist with Dissemination of Information to Stakeholders Consultant shall prepare information that will be provided to affected property owners and address inquiries from City Council, property owners, and the community regarding the proposed assessments. Methods to disseminate information to stakeholders may include a dedicated website, social media, informational mailers, and virtual town halls.
Upon request, Consultant shall attend at least one community meeting and one subcommittee meeting to address concerns and questions from property owners and the community.
Task 4 – Preparation of Mailing Database
Consultant shall coordinate with Contra Costa County to obtain the most current property data, including property owner names and mailing address information for parcels located within City limits and prepare a mailing database to mail notices and ballots as required by Proposition 218.
Task 5 – Preparation of Notices and Ballots
Consultant shall collaborate with project team to prepare draft of the required notice and ballot in accordance with Proposition 218. Consultant shall review draft notice and ballot with the project team and incorporate revisions as necessary to finalize for delivery to the mail house.
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Task 6 – Production of Notices, Ballots, Outgoing Envelopes, and Return Envelopes
Consultant shall coordinate with the mail house to mail merge and print up to 20,000 notices, ballots, outgoing and incoming envelopes. The outgoing envelopes will be white No. 10 windowed envelopes with the return address, stamp and statement that the envelopes contain an official ballot inside. The return envelopes will be light pastel colored No. 9 envelopes with the return address printed on them along with a prepaid postage stamp. The notice will be a tri-folded 11” x 17” color brochure and will include information regarding the proposed assessment as required by Proposition 218. The ballot will be printed on colored card stock.
Task 7 – Mailing of Notices and Ballots
Consultant shall coordinate with mail house to fold, stuff, and apply postage to outgoing and return envelopes and deliver notices and ballots to the post office to ensure delivery by the legal deadline. The notices and ballots will be mailed no less than 45 days prior to the scheduled public hearing.
Task 8 – Property Owner Inquiries and Replacement Notices and Ballots Consultant’s phone number will be printed on the notice for property owners to call if they have any questions related to the proposed assessment and/or Proposition 218 procedures. If requested by property owner(s), Consultant shall provide replacement notices and ballots in the event they are lost, misplaced, or if a property owner wishes to change their vote. These ballots will be printed on a different colored card stock than the original ballots to ensure ballots are not counted twice.
Task 9 – Tabulation of Ballots
After the close of the scheduled public hearing, Consultant shall open, sort, and tabulate all returned ballots and prepare a table of the ballot tabulation results. The table shall include but is not limited to; the number and total assessment amount corresponding to the returned ballots in favor of the proposed assessment, the number and total assessment amount corresponding to the ballots opposed to the proposed assessment, the number and total assessment amount corresponding to the ballots deemed invalid, and the number and total assessment amount corresponding to the ballots not returned.
If a majority of ballots returned, weighted by proposed assessment, are not opposed to the proposed assessment, the City Council may approve the proposed assessments and Engineer’s Report.
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EXHIBIT B
COMPENSATION SCHEDULE
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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.
CONSULTANT
By:
Title: President
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Darin E. Gale - City Manager
SUBJECT: Adoption of a City Council Resolution Establishing the Maximum Number of Condominium Conversions for
Calendar Year 2026, in Accordance with Section 17.44.070 of the Pittsburg Municipal Code
MEETING DATE: January 20, 2026
EXECUTIVE SUMMARY
Section 17.44.070 of the Pittsburg Municipal Code (PMC) limits the number of apartments (multifamily rental units) that can be converted annually to condominiums to an amount established by the City Council at the beginning of each calendar year. If approved by the City Council, the proposed resolution would establish the maximum number of condominium conversions for the year 2026.
FISCAL IMPACT
There is no fiscal impact associated with the establishment of the maximum number of condominium conversions for the year 2026.
RECOMMENDATION
City Council adopt the attached resolution allowing a maximum of 497 multifamily rental units to be converted to condominiums in 2026.
BACKGROUND
In 1986, the City Council adopted Ordinance No. 86-897 amending the subdivision ordinance (PMC Title 17) to limit the number of multifamily rental units that may be
converted annually to individually-owned condominiums. Pursuant to that ordinance and current PMC section 17.44.070, the number of multifamily rental units that may be converted is a policy decision to be made by the City Council, set on an annual basis at the beginning of each calendar year.
The total number of multifamily rental units eligible to be converted is derived by calculating the total number of existing multifamily rental units in the City (in buildings with two or more residential units) and subtracting the total number of multifamily rental units with existing, approved condominium maps.
Staff determined the number of multifamily rental units by conducting a query of specific use codes in the Contra Costa County database, including duplex, triplex, fourplex, combinations, and apartments. The total number of multifamily rental units found in Pittsburg was 5,309. Of these units, 332 have existing, approved condominium maps:
• Delta Hawaii 55+ at 701 Stoneman Avenue - 24 units
• La Almenara at 1065 Beacon Street - 20 units
• Lakeview at the intersection of East Leland Road and Lakeview Circle - 132 units
• Ventana (formerly Leland Terrace) at the intersection of East Leland Road and Piedmont Way - 156 units
If subtracted from the total number of existing multifamily rental units in Pittsburg, the net total number of multifamily rental units eligible for conversion under the condominium conversion ordinance is 4,977.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a Subcommittee.
STAFF ANALYSIS
For the past 37 years, the City Council has adopted a policy of allowing up to 10 percent of its existing multifamily rental housing stock to be converted to condominiums annually. However, no condominium conversions have been approved (or requested) since 2006, when the Planning Commission approved the conversion of Creekside Senior Apartments (88 units) though the Planning Commission subsequently rescinded this action.
Staff recommends a continued policy of allowing up to 10 percent of multifamily rental units without pre-existing final or tentative condominium maps to be converted to condominiums for this calendar year. This policy decision would allow a maximum of 497 multifamily rental units to be converted to condominiums during the 2026 calendar year. This would be consistent with past actions and ensures housing opportunities and housing affordability for low and moderate-income households.
ATTACHMENTS: Resolution
Report Prepared By: Alison Spells
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Establishing the Maximum Number of )
Condominium Conversions for Calendar ) RESOLUTION NO. 26- Year 2026 in Accordance with Section )
17.44.070 of the Pittsburg Municipal Code )
WHEREAS, Pittsburg Municipal Code section 17.44.070 provides in part that the maximum number of multifamily rental units that may be approved for condominium conversion in any one calendar year, which shall be limited to a number established by City Council resolution at the beginning of that same calendar year; and
WHEREAS, the City Council is establishing the maximum number of multifamily rental units that may be approved for conversion to condominiums during the 2026 calendar year; and
WHEREAS, staff has determined that as of January 1, 2026, there are 4,977 multifamily rental units in buildings of two or more units in Pittsburg that are not covered by pre-existing final condominium maps.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pittsburg that the maximum number of apartment units that may be approved for conversion to condominiums during the calendar year 2026 is 497 units.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Darin E. Gale - City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute the First Amendment to the Consulting Services Agreement with NHA Advisors LLC
MEETING DATE: January 20, 2026
EXECUTIVE SUMMARY
The City proposes to amend the Consulting Services Agreement (Agreement) with NHA Advisors LLC (NHA), extending the Agreement another five fiscal years, expiring June 30, 2030.
FISCAL IMPACT
This first amendment (First Amendment) increases the total cost of the Agreement to a not to exceed amount of Four Hundred Fifty Thousand Dollars ($450,000). This sum is derived as follows: One Hundred Thousand Dollars ($100,000) for each fiscal years 2021/22 and 2022/23; first one-year extension for One Hundred Thousand Dollars ($100,000) for fiscal year 2023/24 and second one-year extension for Twenty-Five Thousand Dollars ($25,000) for fiscal year 2024/25; and Twenty-Five Thousand Dollars ($25,000) for fiscal years 2025-26, 2026-27, 2027-28, 2028-29, and 2029-30.
As of fiscal year end 2025, the City paid a total of $131,141.66 for services under this Agreement:
Fiscal Year Not to Exceed Actual Amount Spent 2021-22 $100,000 $42,700.00 2022-23 $100,000 $69,735.41 2023-24 $100,000 $17,306.25 2024-25 $ 25,000 $ 1,400.00
Total $325,000 $131,141.66
RECOMMENDATION
City Council adopt the Resolution approving the First Amendment, extending the Agreement through June 30, 2030, and authorizing a not-to-exceed amount of Twenty- Five Thousand Dollars ($25,000) for each of fiscal years 2025-26, 2026-27, 2027-28, 2028-29, and 2029-30.
BACKGROUND
After soliciting for proposals from municipal financial advisors to provide a comprehensive range of services, City Council Resolution 21-14022 was adopted on November 15, 2021, approving the Agreement between the City and NHA.
NHA has provided the City financial advice regarding market conditions and trends, financial products, credit and credit analyses, and third-party alternative financing and special facility financing. As the City pursued large scale projects such as the Water Treatment Plant Project, with estimated expenditures of $61.5m, NHA assisted in the financing process.
NHA assisted in the review of the potential refunding and new money issues, including but not limited to analyses and evaluations of underwriter proposals, financing structure, pricing, rating, and insurance proposals, and reserve fund (re)investment. NHA has participated in presentations, providing technical financial perspectives. NHA updated the City’s 20-year forecasting tool. These are just some of the services that NHA has provided since executing the Agreement.
The Agreement was for a term of two fiscal years, 2021-22 and 2022-23, and pursuant to the Agreement, was extended for two (2) additional one-year terms, which expired June 30, 2025.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
NHA’s knowledge of and experience with City projects provide value when addressing financial concerns, and when evaluating current and potential future projects. Having NHA under contract enables the City to obtain financial advisory services whenever needed. Limiting NHA’s contract to Twenty-Five Thousand Dollars ($25,000) per fiscal year takes into consideration the City’s budget challenges.
In consideration of extending the Agreement, NHA will maintain the hourly rate as presented in Exhibit B of the Agreement. Due to the rising cost of services, being able to maintain 2021 rates for the next five fiscal years is of benefit to the City.
ATTACHMENTS: Resolution
First Amendment
Report Prepared By: Maria M. Aliotti, Assistant City Manager
Resolution No. 26- Page 1 of 2 January 20, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing City Manager to Execute the )
First Amendment to the Consulting Services ) RESOLUTION NO. 26- Agreement with NHA Advisors LLC )
WHEREAS, after soliciting for proposals from municipal financial advisors to provide a comprehensive range of services, City Council Resolution 21-14022 was adopted on November 15, 2021, approving the Consulting Services Agreement (Agreement) between the City and NHA Advisors LLC (NHA); and
WHEREAS, NHA has provided the City with financial advice regarding market conditions and trends, financial products, credit and credit analyses, and third-party alternative financing and special facility financing. NHA assisted in the review of the potential refunding and new money issues, including but not limited to analyses and evaluations of underwriter proposals, financing structure, pricing, rating, and insurance proposals, and reserve fund (re)investment. NHA has participated in presentations, providing technical financial perspectives. NHA updated the City’s 20-year forecasting tool; and
WHEREAS, the Agreement was for a term of two fiscal years, 2021-22 and 2022- 23, and pursuant to the Agreement, was extended for two (2) additional one-year terms, which expired on June 30, 2025; and
WHEREAS, the City proposes to amend the Agreement with NHA, extending the Agreement for another five fiscal years, expiring June 30, 2030; and
WHEREAS, this First Amendment increases the total cost of the Agreement to a not- to-exceed amount of $450,000, comprised of the following: $100,000 for each of fiscal years 2021-22 and 2022-23; $100,000) for fiscal year 2023-24 and $25,000 for fiscal year 2024- 25; and $25,000 for each of fiscal years 2025-26, 2026-27, 2027-28, 2028-29, and 2029-30; and
WHEREAS, NHA’s knowledge of and experience with City projects provide value when addressing financial concerns, and when evaluating current and potential future projects; and
WHEREAS, limiting NHA’s compensation to $25,000 per fiscal year takes into consideration the City’s budget challenges; and
WHEREAS, in consideration of extending the duration of the Agreement, NHA will maintain the hourly rate as set forth in Exhibit B of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment.
Resolution No. 26- Page 2 of 2 January 20, 2026
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
FIRST AMENDMENT TO
CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND
NHA ADVISORS LLC
THIS First Amendment to the principal Agreement made and entered into on November 15, 2021, hereafter referred to as Agreement, between NHA Advisors LLC, a California limited liability company, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 1st day of July, 2025.
WHEREAS, the parties entered into an Agreement for financial advising services on November 15, 2021, for a term ending June 30,2023, and an option for the City to extend the term twice by one year, for a total term ending June 30, 2025; and WHEREAS, the City exercised its option, extended the term of the Agreement to June 30, 2025; and
WHEREAS, the parties seek to further extend the term to June 30, 2030, at the same rates set forth in the Agreement.
NOW, THEREFORE, Consultant and City do mutually agree as follows:
1. Term. Section 1.1 of the Agreement term is hereby amended to read as follows:
The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2030 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.
2. Compensation. Section 2 of the Agreement is hereby amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed a total of Four Hundred Thousand Dollars ($450,000). This sum is derived as follows: One Hundred Thousand Dollars ($100,000) for each of fiscal years 2021-22 and 2022-23; One Hundred Thousand Dollars ($100,000) for fiscal year 2023-24; Twenty-Five Thousand Dollars ($25,000) for fiscal year 2024-25; and Twenty-Five Thousand Dollars ($25,000) for each of fiscal years 2025-26, 2026-27, 2027-28, 2028-29, and 2029-30. Twenty-Five Thousand Dollars ($25,000) each fiscal year, as set forth in Exhibit C, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written Docusign Envelope ID: BC96B9BF-A4CE-4EC4-939E-0D3275F2C743
understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
Docusign Envelope ID: BC96B9BF-A4CE-4EC4-939E-0D3275F2C743
CONSULTANT:
NHA Advisors LLC, a California limited
liability company
By:
Eric Scriven, Principal
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Darin E. Gale, City Manager
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
Docusign Envelope ID: BC96B9BF-A4CE-4EC4-939E-0D3275F2C743
Certificate Of Completion
Envelope Id: BC96B9BF-A4CE-4EC4-939E-0D3275F2C743
Status: Sent
Subject: Complete with Docusign: First Amendment to NHA Agreement Source Envelope:
Document Pages: 3
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 0
Sydney Wright
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
65 Civic Ave
Pittsburg, CA 94565
[email protected]
IP Address: 50.175.250.97
Record Tracking
Status: Original
1/8/2026 4:32:37 PM
Holder: Sydney Wright
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Pittsburg
Location: Docusign
Signer Events
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Timestamp
Eric Scriven
[email protected]
Security Level: Email, Account Authentication
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Signature Adoption: Drawn on Device
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2601:645:3:be90:cc11:8125:b55b:79fa
Sent: 1/8/2026 4:44:57 PM
Viewed: 1/8/2026 4:50:13 PM
Signed: 1/8/2026 4:51:58 PM
Electronic Record and Signature Disclosure:
Accepted: 1/8/2026 4:50:13 PM
ID: eaf31aa0-f6f6-4332-83be-110ba2f873a5
Donna Mooney
[email protected]
City Attorney
City of Pittsburg
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(None)
Sent: 1/8/2026 4:51:59 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Darin E. Gale
[email protected]
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(None)
Electronic Record and Signature Disclosure:
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Maria M. Aliotti
[email protected]
Interim City Manager
Security Level: Email, Account Authentication
(None)
Sent: 1/8/2026 4:44:57 PM
Viewed: 1/8/2026 4:53:50 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 9/26/2023 1:56:09 PM Parties agreed to: Eric Scriven
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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Until or unless you notify City of Pittsburg as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Pittsburg during the course of your relationship with City of Pittsburg.