HOLDINGS REPORT
City of Pittsburg Managed/Reporting Cons | Account #10639 | As of June 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CQD6 UNITED STATES TREASURY 3.5
02/28/2031 2,000,000.00 03/05/2026
3.73%
1,979,531.25
1,980,847.10
97.07 4.20%
1,941,328.00
23,396.74
0.78%
(39,519.10)
Aa1/AA+
AA+
4.67 4.20
91282CQG9 UNITED STATES TREASURY 3.875
03/31/2031 2,000,000.00 03/26/2026
4.02%
1,987,031.25
1,987,684.66
98.58 4.21%
1,971,562.00
19,480.87
0.79%
(16,122.66)
Aa1/AA+
AA+
4.75 4.25
91282CQK0 UNITED STATES TREASURY 3.875
04/30/2031 2,000,000.00 04/29/2026
4.00%
1,988,671.88
1,989,056.52
98.56 4.21%
1,971,250.00
13,057.07
0.79%
(17,806.52)
Aa1/AA+
AA+
4.83 4.33
Total US Treasury 38,650,000.00 3.83%
37,959,648.45
38,227,525.63
97.80 4.18%
37,792,169.55
283,512.49
15.15%
(435,356.08)
3.49 3.19
Total Portfolio 250,947,147.01 2.36%
249,402,840.08
249,901,636.12
37.83 2.39%
249,373,523.02
768,628.47
100.00%
(528,113.10)
1.03 0.89
Total Market Value +
Accrued 250,142,151.49
47
TRANSACTIONS
48
TRANSACTION LEDGER
City of Pittsburg | Account #10607|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 04/07/2026 3137F8ZV8 1,000,000.00 FHMS K-123 A2 1.621 12/25/2030 89.309 4.18% (893,085.94) (270.17) (893,356.11) 0.00 Purchase 04/09/2026 3137F9CT6 1,000,000.00 FHMS K-124 A2 1.658 12/25/2030 89.070 4.26% (890,703.13) (368.44) (891,071.57) 0.00 Purchase 04/22/2026 05594YAD8 420,000.00 BMWLT 2026-1 A3
4.15 05/25/2029 99.989 4.85% (419,953.59) 0.00 (419,953.59) 0.00 Purchase 04/22/2026 448972AD1 290,000.00 HALST 26B A3 4.21 04/16/2029 99.985 4.22% (289,957.72) 0.00 (289,957.72) 0.00 Purchase 04/30/2026 91282CQK0 2,000,000.00
UNITED STATES
TREASURY 3.875
04/30/2031
99.434 4.00% (1,988,671.88) 0.00 (1,988,671.88) 0.00
Purchase 05/05/2026 91282CHR5 1,500,000.00
UNITED STATES
TREASURY 4.0
07/31/2030
99.781 4.06% (1,496,718.75) (15,580.11) (1,512,298.86) 0.00 Purchase 05/13/2026 43814YAD3 700,000.00 HAROT 2026-2 A3 4.3 11/15/2030 99.997 3.02% (699,979.77) 0.00 (699,979.77) 0.00 Purchase 05/14/2026 36275AAD1 310,000.00 GMALT 2026-2 A3 4.3 03/20/2029 99.989 4.40% (309,966.46) 0.00 (309,966.46) 0.00 Purchase 05/18/2026 30303MAB8 1,000,000.00 META PLATFORMS INC
4.2 11/15/2030 98.036 4.69% (980,360.00) (350.00) (980,710.00) 0.00 Purchase 05/18/2026 89236TQB4 400,000.00
TOYOTA MOTOR
CREDIT CORP 4.55
05/14/2031
99.168 4.74% (396,672.00) (202.22) (396,874.22) 0.00
Purchase 05/20/2026 532457DL9 1,000,000.00 ELI LILLY AND CO 4.375 05/20/2031 98.904 4.62% (989,040.00) 0.00 (989,040.00) 0.00 Purchase 05/22/2026 58933YCK9 385,000.00 MERCK & CO INC 4.65 05/22/2031 99.938 4.66% (384,761.30) 0.00 (384,761.30) 0.00 Purchase 05/22/2026 58933YCK9 615,000.00 MERCK & CO INC 4.65 05/22/2031 99.727 4.71% (613,321.05) 0.00 (613,321.05) 0.00 Purchase 06/03/2026 38151LAJ9 305,000.00
GOLDMAN SACHS
BANK USA 4.656
06/03/2029
100.000 4.57% (305,000.00) 0.00 (305,000.00) 0.00
Purchase 06/08/2026 57636QBL7 805,000.00 MASTERCARD INC 4.6 06/08/2031 99.920 4.62% (804,356.00) 0.00 (804,356.00) 0.00 49
TRANSACTION LEDGER
City of Pittsburg | Account #10607|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Purchase 06/18/2026 67066GAR5 485,000.00 NVIDIA CORP 4.5 06/15/2031 99.810 4.54% (484,078.50) 0.00 (484,078.50) 0.00 Total Purchase 12,215,000.00 (11,946,626.09) (16,770.94) (11,963,397.03) 0.00 TOTAL
ACQUISITIONS 12,215,000.00 (11,946,626.09) (16,770.94) (11,963,397.03) 0.00
DISPOSITIONS
Maturity 04/28/2026 3133EPHH1 (1,500,000.00)
FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.0 04/28/2026
100.000 3.90% 1,500,000.00 0.00 1,500,000.00 0.00
Maturity 05/03/2026 00440EAV9 (750,000.00) CHUBB INA HOLDINGS LLC 3.35 05/03/2026 100.000 5.19% 750,000.00 0.00 750,000.00 0.00 Maturity 05/11/2026 69371RR32 (600,000.00) PACCAR FINANCIAL CORP 1.1 05/11/2026 100.000 4.54% 600,000.00 0.00 600,000.00 0.00 Maturity 05/15/2026 4581X0EK0 (750,000.00)
INTER-AMERICAN
DEVELOPMENT BANK
4.5 05/15/2026
100.000 4.53% 750,000.00 0.00 750,000.00 0.00
Maturity 06/18/2026 89236TJK2 (250,000.00)
TOYOTA MOTOR
CREDIT CORP 1.125
06/18/2026
100.000 4.55% 250,000.00 0.00 250,000.00 0.00
Total Maturity (3,850,000.00) 3,850,000.00 0.00 3,850,000.00 0.00 Sale 04/06/2026 912828V98 (500,000.00)
UNITED STATES
TREASURY 2.25
02/15/2027
98.738 4.06% 493,691.41 1,553.87 495,245.28 799.81
Sale 04/08/2026 78016HZT0 (665,000.00)
ROYAL BANK OF
CANADA 4.875
01/19/2027
100.561 4.88% 668,730.65 7,114.11 675,844.76 3,774.03
Sale 05/08/2026 89115A3E0 (825,000.00)
TORONTO-DOMINION
BANK 4.861
01/31/2028
100.853 4.86% 832,037.25 10,917.00 842,954.25 7,037.25
Sale 05/18/2026 3130AXU63 (1,000,000.00)
FEDERAL HOME
LOAN BANKS 4.625
11/17/2026
100.391 4.53% 1,003,910.00 128.47 1,004,038.47 3,482.10 Sale 05/20/2026 91282CHX2 (1,000,000.00)
UNITED STATES
TREASURY 4.375
08/31/2028
100.441 4.34% 1,004,414.06 9,629.76 1,014,043.82 3,661.35 50
TRANSACTION LEDGER
City of Pittsburg | Account #10607|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 06/08/2026 665859AW4 (600,000.00) NORTHERN TRUST
CORP 4.0 05/10/2027 99.895 4.08% 599,370.00 1,866.67 601,236.67 (215.88) Total Sale (4,590,000.00) 4,602,153.37 31,209.88 4,633,363.25 18,538.66 TOTAL
DISPOSITIONS (8,440,000.00) 8,452,153.37 31,209.88 8,483,363.25 18,538.66 51
TRANSACTION LEDGER
City of Pittsburg Liquidity | Account #10617|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
DISPOSITIONS
Maturity 04/02/2026 912797SD0 (16,000,000.00) UNITED STATES TREASURY 04/02/2026 100.000 3.65% 16,000,000.00 0.00 16,000,000.00 0.00 Total Maturity (16,000,000.00) 16,000,000.00 0.00 16,000,000.00 0.00 TOTAL
DISPOSITIONS (16,000,000.00) 16,000,000.00 0.00 16,000,000.00 0.00 52
TRANSACTION LEDGER
City of Pittsburg Managed/Reporting Cons | Account #10639|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 04/07/2026 3137F8ZV8 1,000,000.00 FHMS K-123 A2 1.621 12/25/2030 89.309 4.18% (893,085.94) (270.17) (893,356.11) 0.00 Purchase 04/09/2026 3137F9CT6 1,000,000.00 FHMS K-124 A2 1.658 12/25/2030 89.070 4.26% (890,703.13) (368.44) (891,071.57) 0.00 Purchase 04/22/2026 05594YAD8 420,000.00 BMWLT 2026-1 A3
4.15 05/25/2029 99.989 4.85% (419,953.59) 0.00 (419,953.59) 0.00 Purchase 04/22/2026 448972AD1 290,000.00 HALST 26B A3 4.21 04/16/2029 99.985 4.22% (289,957.72) 0.00 (289,957.72) 0.00 Purchase 04/30/2026 91282CQK0 2,000,000.00
UNITED STATES
TREASURY 3.875
04/30/2031
99.434 4.00% (1,988,671.88) 0.00 (1,988,671.88) 0.00
Purchase 05/01/2026 90LAIF$00 34,996,408.14
Local Agency
Investment Fund State
Pool
1.000 3.81% (34,996,408.14) 0.00 (34,996,408.14) 0.00
Purchase 05/05/2026 91282CHR5 1,500,000.00
UNITED STATES
TREASURY 4.0
07/31/2030
99.781 4.06% (1,496,718.75) (15,580.11) (1,512,298.86) 0.00 Purchase 05/13/2026 43814YAD3 700,000.00 HAROT 2026-2 A3 4.3 11/15/2030 99.997 3.02% (699,979.77) 0.00 (699,979.77) 0.00 Purchase 05/14/2026 36275AAD1 310,000.00 GMALT 2026-2 A3 4.3 03/20/2029 99.989 4.40% (309,966.46) 0.00 (309,966.46) 0.00 Purchase 05/18/2026 89236TQB4 400,000.00
TOYOTA MOTOR
CREDIT CORP 4.55
05/14/2031
99.168 4.74% (396,672.00) (202.22) (396,874.22) 0.00
Purchase 05/18/2026 30303MAB8 1,000,000.00 META PLATFORMS INC
4.2 11/15/2030 98.036 4.69% (980,360.00) (350.00) (980,710.00) 0.00 Purchase 05/20/2026 532457DL9 1,000,000.00 ELI LILLY AND CO 4.375 05/20/2031 98.904 4.62% (989,040.00) 0.00 (989,040.00) 0.00 Purchase 05/22/2026 58933YCK9 385,000.00 MERCK & CO INC 4.65 05/22/2031 99.938 4.66% (384,761.30) 0.00 (384,761.30) 0.00 Purchase 05/22/2026 58933YCK9 615,000.00 MERCK & CO INC 4.65 05/22/2031 99.727 4.71% (613,321.05) 0.00 (613,321.05) 0.00 Purchase 05/31/2026 90PARS$00 351,213.03 City of Pittsburg 1.000 0.00% (351,213.03) 0.00 (351,213.03) 0.00 53
TRANSACTION LEDGER
City of Pittsburg Managed/Reporting Cons | Account #10639|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Purchase 05/31/2026 90LAIF$00 15,218,934.78
Local Agency
Investment Fund State
Pool
1.000 3.81% (15,218,934.78) 0.00 (15,218,934.78) 0.00
Purchase 06/03/2026 38151LAJ9 305,000.00
GOLDMAN SACHS
BANK USA 4.656
06/03/2029
100.000 4.57% (305,000.00) 0.00 (305,000.00) 0.00
Purchase 06/08/2026 57636QBL7 805,000.00 MASTERCARD INC 4.6 06/08/2031 99.920 4.62% (804,356.00) 0.00 (804,356.00) 0.00 Purchase 06/18/2026 67066GAR5 485,000.00 NVIDIA CORP 4.5 06/15/2031 99.810 4.54% (484,078.50) 0.00 (484,078.50) 0.00 Purchase 06/30/2026 90PARS$00 582,935.99 City of Pittsburg 1.000 0.00% (582,935.99) 0.00 (582,935.99) 0.00 Total Purchase 63,364,491.94 (63,096,118.03) (16,770.94) (63,112,888.97) 0.00 TOTAL
ACQUISITIONS 63,364,491.94 (63,096,118.03) (16,770.94) (63,112,888.97) 0.00
DISPOSITIONS
Maturity 04/02/2026 912797SD0 (16,000,000.00) UNITED STATES TREASURY 04/02/2026 100.000 3.65% 16,000,000.00 0.00 16,000,000.00 0.00 Maturity 04/28/2026 3133EPHH1 (1,500,000.00)
FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.0 04/28/2026
100.000 3.90% 1,500,000.00 0.00 1,500,000.00 0.00
Maturity 05/03/2026 00440EAV9 (750,000.00) CHUBB INA HOLDINGS LLC 3.35 05/03/2026 100.000 5.19% 750,000.00 0.00 750,000.00 0.00 Maturity 05/11/2026 69371RR32 (600,000.00) PACCAR FINANCIAL CORP 1.1 05/11/2026 100.000 4.54% 600,000.00 0.00 600,000.00 0.00 Maturity 05/15/2026 4581X0EK0 (750,000.00)
INTER-AMERICAN
DEVELOPMENT BANK
4.5 05/15/2026
100.000 4.53% 750,000.00 0.00 750,000.00 0.00
Maturity 06/18/2026 89236TJK2 (250,000.00)
TOYOTA MOTOR
CREDIT CORP 1.125
06/18/2026
100.000 4.55% 250,000.00 0.00 250,000.00 0.00
Total Maturity (19,850,000.00) 19,850,000.00 0.00 19,850,000.00 0.00 Sale 04/06/2026 912828V98 (500,000.00)
UNITED STATES
TREASURY 2.25
02/15/2027
98.738 4.06% 493,691.41 1,553.87 495,245.28 799.81
54
TRANSACTION LEDGER
City of Pittsburg Managed/Reporting Cons | Account #10639|04/01/2026 Through 06/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 04/08/2026 78016HZT0 (665,000.00)
ROYAL BANK OF
CANADA 4.875
01/19/2027
100.561 4.88% 668,730.65 7,114.11 675,844.76 3,774.03
Sale 05/01/2026 90PITT$01 (34,996,408.14) City of Pittsburg 1.000 0.00% 34,996,408.14 0.00 34,996,408.14 0.00 Sale 05/08/2026 89115A3E0 (825,000.00)
TORONTO-DOMINION
BANK 4.861
01/31/2028
100.853 4.86% 832,037.25 10,917.00 842,954.25 7,037.25
Sale 05/18/2026 3130AXU63 (1,000,000.00)
FEDERAL HOME
LOAN BANKS 4.625
11/17/2026
100.391 4.53% 1,003,910.00 128.47 1,004,038.47 3,482.10 Sale 05/20/2026 91282CHX2 (1,000,000.00)
UNITED STATES
TREASURY 4.375
08/31/2028
100.441 4.34% 1,004,414.06 9,629.76 1,014,043.82 3,661.35 Sale 06/08/2026 665859AW4 (600,000.00) NORTHERN TRUST
CORP 4.0 05/10/2027 99.895 4.08% 599,370.00 1,866.67 601,236.67 (215.88) Total Sale (39,586,408.14) 39,598,561.51 31,209.88 39,629,771.39 18,538.66 TOTAL
DISPOSITIONS (59,436,408.14) 59,448,561.51 31,209.88 59,479,771.39 18,538.66 55
IMPORTANT DISCLOSURES
2026 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.
This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.
Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest.
LGIP Yields: Reported yields for local government investment pools may be presented as either the 30-day yield or the monthly distribution yield, as applicable. For certain funds, the 30-day yield is calculated using reported daily yield data. Yield calculations are subject to change and may not be directly comparable across funds.
LAIF Yields: Additional Disclosure for CA Clients - As a result of a reporting lag from the Local Agency Investment Fund (LAIF), reported LAIF yields represent the most recently available Daily Effective Yield and may reflect data from approximately 7–10 days prior to month-end. 56
BENCHMARK DISCLOSURES
Benchmark Disclosure
ICE BofA 1-5 Yr Unsubordinated US
Treasury & Agency Index
The ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 57
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Funderburg, Assistant Director of Community and
Economic Development
Candace Hatch, Administrative Analyst I
SUBJECT: Adoption by Motion to Approve a Leave of Absence for Planning Commissioner Jennifer Ingram
EXECUTIVE SUMMARY
The City Council will be considering a leave of absence by a Planning Commissioner.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Adoption by Motion approving a leave of absence for Planning Commissioner Jennifer Ingram from Wednesday, July 1, 2026, through Friday, October 16, 2026.
BACKGROUND
Advisory bodies play an important role in City government by assisting and advising the City Council, the body that sets policy. Advisory bodies develop recommendations and present supporting information to the City Council, based on the City Council’s annually adopted goals, policies, and priorities for the following fiscal year.
The City Council approves the formation, composition, and responsibilities of all advisory bodies. Some advisory bodies, such as the Planning Commission, have responsibilities as delegated to it by the City Council under State law.
The Planning Commission’s role is important because it make recommendations to the City Council for adoption of specific land uses, planning entitlements, and ordinances.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City Council appointed Jennifer Ingram to the Planning Commission on November 11, 2025. During her short tenure, she has worked diligently in her role and has been instrumental in fostering thoughtful discussion and helping advance the Commission's work with professionalism and respect.
The 2022 Handbook for City Advisory Bodies includes the following language regarding attendance for members of the City’s advisory bodies (page 7):
“Any Member who is absent for three consecutive regular meetings, without approval by way of formal action of the City Council, shall be deemed to have resigned his/her position on the advisory body. Additionally, any member who misses four meetings a year of the regular meetings held (not canceled) in any twelve-month period, without approval of the City Council by way of formal action, shall be deemed to have resigned their position on the advisory body.”
Commissioner Ingram has requested a leave of absence to extend through October 16, 2026, in order to fulfill some personal familial obligations.
ATTACHMENT: Leave Request
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Melaine Venenciano, Director of City Clerk Services
SUBJECT: Adoption by Motion Directing Review of the City's Conflict of Interest Code
EXECUTIVE SUMMARY
The Political Reform Act (Act) requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if needs to be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). Once the determination has been made, a notice must be submitted to the code reviewing body no later than October 1 of even-numbered years.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Direct City staff to review the Conflict of Interest Code to determine if an amendment is necessary.
BACKGROUND
Under the Act, every state and local government agency must adopt a Conflict of Interest Code. These codes require officials who participate in decisions to disclose financial interests that might conflict with their public duties. In addition, agencies adopt codes identifying designated employees. These employees and consultants used by the agency must file a Form 700 and avoid decisions that may materially affect their financial interests.
The City Council is the code reviewing body for City agencies. The City Council must be notified of amendments to the Conflict of Interest Code or that no amendments are necessary.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
An amendment is necessary if an agency answers yes to any of the following questions:
1. Is the current code more than five years old?
2. Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
3. Have any positions been eliminated or re-named since the last code was approved?
4. Have any new positions been added since the last code was approved?
5. Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
After reviewing the questions, City staff has indicated yes for questions 3 and 4.
Therefore, an amendment is necessary and will be brought back to the City Council for approval before the October 1, 2026 deadline. An agency’s amended code is not effective until it has been approved by the code reviewing body.
ATTACHMENTS: Local Agency Biennial Notice
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2026 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required)
This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by thos e holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Public Works Director/City Engineer
Khristin Labao, Associate Engineer
SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with TJKM Transporation Consultants for the
Design of Project 2037 – Harbor Street Safety Improvements
EXECUTIVE SUMMARY
Project 2037-Harbor Street Safety Improvements (Project) will improve Harbor Street by installing streetlights, improving traffic signal hardware and upgrading pedestrian crossings with enhanced safety features from Buchanan Road to East 3rd Street. This action authorizes the City Manager to execute a Consulting Services Agreement (Agreement) with TJKM Transportation Consultants for design of the Project.
FISCAL IMPACT
The proposed design fee is $250,124. 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 TJKM Transportation Consultants for the design of the Project and preparation of biddable construction documents in an amount not to exceed $250,124.
BACKGROUND
On April 21, 2025, the City Council adopted Resolution No. 25-14622 accepting the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of
$2,246,922 and allocating $365,778 as local matching funds from HUTA Gas Tax Fund (Fund 201) to the Project.
On April 16, 2026, 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. TJKM Transportation Consultants was ranked first based on the proposal submitted.
The Project will implement traffic calming measures to improve safety along the corridor. Improvements include, but are not limited to, installing additional street lighting, installing rectangular rapid flashing beacons, and constructing ADA curb ramps.
ATTACHMENTS: Resolution
Consulting Services Agreement
CIP Project Sheet
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing an Agreement with )
TJKM Transportation Consultants ) RESOLUTION NO. 26- For Design of Project 2037- )
Harbor Street Safety Improvements)
WHEREAS, Project 2037-Harbor Street Safety Improvements (Project) will improve Harbor Street by installing streetlights, improving traffic signal hardware and upgrading pedestrian crossings with enhanced safety features from Buchanan Road to East 3rd Street; and
WHEREAS, the City advertised a Request for Proposals (RFP) for professional design services; and
WHERAS, on April 16, 2026, City staff received and evaluated two proposals from consulting firms.
WHEREAS, TJKM Transportation Consultants was ranked first based on their proposal submitted of $250,124 for design of the Project; and
WHEREAS, On April 21, 2025, the City Council adopted Resolution No. 25- 14622 accepting the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $2,246,922 and allocating $365,778 as local matching funds from HUTA Gas Tax Fund (Fund 201) to 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 in an amount not to exceed $250,124 with TJKM Transportation Consultants for design of Project 2037-Harbor Street Safety Improvements.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of August 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________
Dionne Adams, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 1 of 27
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
TJKM
Relating to:
Project 2037 Harbor Street Safety Improvements
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and TJKM, a California corporation (“Consultant”) (together referred to as the “Parties”) as of August 18, 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, 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. There shall be no change in Consultant’s project manager or members of the project team, as listed in the approved Cost Proposal, without prior written approval by the City’s contract administrator. 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. Consultant shall be fully responsible to City for the negligent acts and omissions of its employees, agents, or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by Consultant.
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.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 2 of 27
1.5 Federal Requirements. This Agreement is funded, in whole or in part, with federal funds. Consultant must comply with the requirements set forth in Exhibit C, Federal Requirements, which is attached hereto and incorporated herein by reference.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Hundred Fifty Thousand One Hundred Twenty-Four Dollars ($250,124), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement. (See also Section 2.2 of Exhibit C).
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].
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 3 of 27
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section
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. (See also Section 2.8 of Exhibit C).
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.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 4 of 27
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
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.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 5 of 27
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $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
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 6 of 27
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
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 Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 7 of 27
demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its 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 Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 8 of 27
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.
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 Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 9 of 27
Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this 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.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 10 of 27
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 Dispute Resolution. The Parties will attempt to resolve any disputes arising from or pertaining to this Agreement by informal negotiations, conducted in face-to-face meetings of the principal representatives of the Parties if possible. If the Parties are unable to resolve a dispute in whole or in part through informal negotiations, the Parties will seek to resolve the matters remaining in dispute through mediation with a qualified, neutral mediator that is acceptable to each party, and at a mutually agreed-upon date, time, and location. Sufficiently in advance of the mediation to allow meaningful time for review, the Parties will provide each other and the mediator any documents or information that are reasonably necessary to resolve the matter to be mediated, subject to limitations applicable to confidential and privileged documents and Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 11 of 27
information. The Parties will share the cost of the mediation equally, but each party will bear its own costs to prepare for and participate in the mediation, including its own legal costs.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 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.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 12 of 27
10.9 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: TJKM
4305 Hacienda Dr., Ste. 550
Pleasanton, CA 94588
ATTN: Nayan Amin, 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 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
Exhibit C Federal Requirements
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 Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 13 of 27
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 Nayan Amin, President
Approved as to Form:
____________________________
Donna Mooney, City Attorney
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 1 of 27
EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following services:
TASK 1: PROJECT MANAGEMENT AND MEETINGS
Consultant shall provide proactive and comprehensive project management services to successfully guide the Harbor Street Safety Improvements Project from project initiation through final PS&E delivery and Caltrans authorization support.
Consultant shall conduct a detailed kickoff meeting with City staff to confirm project objectives, HSIP funding requirements, Caltrans LAPM requirements, project scope, design criteria, communication procedures, roles and responsibilities, and decision- making protocols.
Consultant shall maintain close coordination with the City Project Manager, Caltrans Local Assistance staff, utility providers, environmental subconsultants, and other key stakeholders throughout the duration of the project. Mr. Andrew Dickinson will serve as the Project Manager and primary point of contact and will be responsible for overseeing day-to-day project coordination, monitoring schedule and budget, tracking action items, managing technical submittals, and proactively addressing issues that could affect project progress or delivery milestones.
Consultant shall develop and maintain a live, shareable project management document for use during bi-weekly coordination meetings, consistent with our successful approach on previous City of Pittsburg projects. This centralized tracking tool will include project status updates, action items, milestone schedules, coordination responsibilities, utility tracking, environmental review status, Caltrans authorization activities, and critical path items. The document will remain accessible to key project participants throughout the project lifecycle to improve accountability, streamline coordination, and facilitate timely resolution of outstanding issues.
Consultant shall also prepare and maintain a detailed project schedule identifying all major project milestones, phased design submittals, agency reviews, utility coordination activities, environmental clearance milestones, and Caltrans authorization requirements.
Consultant shall update the schedule regularly throughout project development to reflect current progress, identify potential schedule impacts early, and support proactive management of critical project activities. Consultant shall prepare monthly progress updates that will summarize completed work, upcoming tasks, project risks, coordination efforts, budget status, and schedule updates to ensure the city remains fully informed throughout the project.
Deliverables: Project Kick-Off Meeting agenda and material; Meeting Schedules; Detailed Project Schedule and periodic updates; Meeting Agendas and Minutes Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 2 of 27
TASK 2: COORDINATION AND FIELD INVESTIGATION
Consultant shall provide comprehensive coordination and field investigation services to support the successful design and delivery of the federally funded HSIP improvements along the Harbor Street corridor. Mr. Andrew Dickinson, serving as Project Manager, will oversee all coordination efforts, manage communication among project team members, City staff, utility providers, environmental subconsultants, and outside agencies, and ensure cohesive and efficient project delivery through regular coordination meetings, status updates, and proactive issue resolution.
Consultant shall perform detailed utility research and comprehensive site reviews to identify existing underground and overhead utilities, drainage facilities, traffic signal infrastructure, ADA deficiencies, roadway conditions, and other potential conflicts throughout the Harbor Street corridor. Existing utility records will be supplemented with field verification of surface utility features and existing traffic signal equipment, including poles, signal heads, cabinets, conduits, pull boxes, detection systems, and electrical service components. Consultant shall also evaluate existing pedestrian facilities, curb ramps, sidewalks, crossings, and proposed street lighting locations to assess accessibility compliance, utility conflicts, constructability, maintenance access, and compatibility with existing corridor infrastructure.
Following completion of the field investigation effort, Consultant shall prepare a comprehensive Field Conditions Assessment Memorandum summarizing existing conditions, utility conflicts, ADA deficiencies, constructability considerations, infrastructure compatibility issues, project risks, and recommended mitigation strategies.
Deliverables: Utility Maps; Field Conditions Assessment Memo; Summary Sheets of utility and outside Agency coordination; Utility Request letters, mapping and matrix
TASK 3: TOPOGRAPHIC SURVEY
Consultant shall provide a design-level topographic survey to support the development of accurate, coordinated, and constructible plans for the Harbor Street Safety Improvements Project. The survey effort will establish a reliable foundation for design by accurately documenting existing roadway geometry, utilities, drainage features, pedestrian facilities, traffic signal infrastructure, and site constraints throughout the project corridor. The topographic survey will support development of traffic signal improvements, ADA upgrades, pedestrian safety enhancements, street lighting improvements, signing and striping modifications, and associated roadway improvements.
Survey control will be based on the North American Vertical Datum of 1988 (NAVD 88) and the California Coordinate System of 1983 (CCS83) to maintain consistency with City of Pittsburg and Caltrans standards. Horizontal and vertical control points will be established outside anticipated construction areas to preserve long-term usability and support future project phases, field verification, and construction activities.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 3 of 27
The field survey will include detailed topographic observations sufficient to generate accurate base mapping and one-foot contour intervals throughout the project limits.
Existing roadway grades, curb and gutter, sidewalks, driveways, ADA curb ramps, medians, drainage patterns, grade breaks, and pavement transitions will be documented to support design development and ADA evaluations. Existing pavement types, structures, retaining walls, fences, landscaping, trees, traffic signal equipment, signage, striping, and other visible surface features within the corridor will also be located and incorporated into the base mapping.
Consultant shall perform comprehensive utility mapping and field verification to identify existing above-ground and underground utility infrastructure throughout the corridor.
Existing utility markings, valve boxes, manholes, pull boxes, vaults, drainage structures, utility pedestals, and related appurtenances will be documented to support utility coordination and early identification of potential conflicts. Traffic signal conduits, controller cabinets, electrical service equipment, communication infrastructure, and street lighting facilities will also be field verified and incorporated into the survey base mapping where visible and accessible.
Consultant shall maintain ongoing coordination with utility providers and City staff throughout the survey and design process to identify potential utility conflicts, support utility adjustment planning if necessary, and minimize delays during design and construction.
The completed topographic survey and associated base mapping will provide the foundation for phased PS&E development and support coordinated design among all project disciplines, including traffic engineering, electrical design, ADA improvements, roadway improvements, street lighting, utilitycoordination, and environmental documentation.
Deliverables: Topographic Survey Base Files
TASK 4: PRELIMINARY ENGINEERING
Subtask 4.1 35% Plans and Estimate
Using information collected through the topographic survey, utility research, field investigations, and review of existing as-built plans and record drawings, Consultant shall prepare preliminary engineering documents and concept-level improvements for the Harbor Street Safety Improvements Project. This phase of work will establish the technical foundation for final design and allow the City to evaluate proposed improvements, confirm project priorities, and maintain consistency with HSIP funding objectives and budget constraints.
Consultant shall develop scaled 35% preliminary design plans using AutoCAD for traffic signal improvements, ADA curb ramp upgrades, RRFB installations, pedestrian crossing enhancements, signing and striping modifications, roadway safety improvements, and Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 4 of 27
street lighting improvements throughout the corridor. The preliminary plans will clearly identify proposed improvements, existing infrastructure, utility conflicts, and potential constructability constraints identified during the early design process. The plans will also establish the overall project design framework and provide sufficient detail to support City review, utility coordination, environmental review, and Caltrans Local Assistance coordination.
Existing underground and overhead utilities will be incorporated into the preliminary plans to support early conflict identification and utility coordination efforts. Consultant shall identify any potential utility adjustments, service conflicts, or infrastructure compatibility concerns that could affect project cost, schedule, or constructability. Although right-of-way acquisition is not currently anticipated, Consultant shall proactively evaluate potential right-of-way constraints, access impacts, and construction limitations early in the design process and document any areas requiring additional coordination or review as part of the Caltrans Local Assistance process.
As part of the proposed street lighting improvements, Consultant shall perform preliminary photometric analyses to evaluate lighting performance and verify compliance with applicable City standards, Caltrans requirements, and industry lighting guidelines. The photometric evaluation will help optimize lighting placement, improve roadway and pedestrian visibility, enhance nighttime safety conditions, and support development of practical and cost-effective lighting solutions for the corridor.
Consultant shall also prepare a detailed 35% construction cost estimate and cost- effectiveness analysis to confirm consistency with the available HSIP funding budget and support informed decision-making by the City. The cost evaluation will assess proposed safety improvements, identify potential cost drivers, and evaluate alternatives where appropriate to maintain alignment with project funding limitations. As part of this effort, Consultant shall evaluate signal backplate replacement alternatives, including retroreflective border tape, universal retrofit backplates, and manufacturer-installed retroreflective backplates based on existing signal equipment compatibility, constructability, maintenance considerations, and overall cost effectiveness.
Throughout the preliminary engineering phase, Consultant shall maintain close coordination with City staff, utility providers, environmental subconsultants, and Caltrans Local Assistance staff to support efficient project progression and minimize the potential for redesign during later project phases. The 35% submittal will provide the city with a clear understanding of the proposed improvements, project constraints, utility coordination needs, anticipated costs, and implementation considerations prior to advancement into final PS&E development.
Deliverables: Concept (35%) Design Plans; Preliminary Construction Cost Estimate; Cost Effectiveness Analysis; Excel File Identifying Potential Right-of-Way or Utility Coordination Items for Caltrans Documentation
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 5 of 27
TASK 5: ENVIRONMENTAL ENGINEERING
Consultant shall, itself or through a subcontractor, prepare all required environmental documentation in accordance with CEQA, NEPA, Caltrans LAPM requirements, and applicable federal and state environmental regulations.
Consultant shall coordinate closely with City staff and Caltrans Local Assistance throughout the environmental review process to facilitate timely approvals and maintain project schedule milestones.
Subtask 5.1 National Environmental Policy Act Environmental Review
Because the project utilizes federal funding, compliance with NEPA through Caltrans Local Assistance will be required. Consultant shall, itself or through a subcontractor, prepare the Preliminary Environmental Study (PES) Form and supporting documentation for Caltrans review and determination of required environmental studies. Based on the project scope and Contractor’s experience with similar federally funded transportation projects, anticipated environmental documentation
may include:
• Area of Potential Effects (APE) Mapping
• Archaeological Survey Report (ASR)
• Historic Property Survey Report (HPSR)
• Tribal Consultation Coordination
• Initial Site Assessment (ISA) Checklist
• Summary Floodplain Encroachment Report (SFER)
Consultant shall, itself or through a subcontractor, prepare the required cultural resources documentation, environmental screening documents, and coordination materials necessary to support Caltrans review and approval. Consultant shall provide supporting engineering information required for completion of environmental documentation and will coordinate closely with the environmental team throughout project development.
Consultant anticipates the project will qualify for a NEPA Categorical Exclusion (CE), and our team will assist the City and Caltrans with preparation of required documentation and standard mitigation commitments to support timely environmental clearance.
Subtask 5.2 CEQA Environmental Review
Consultant shall, itself or through a subcontractor, prepare CEQA documentation for the City of Pittsburg as the CEQA Lead Agency. Based on the proposed scope of improvements and the project’s location within existing public right-of-way, TJKM anticipates the project will qualify for a CEQA Categorical Exemption under Class I – Existing Facilities. Consultant shall, itself or through a subcontractor, prepare the Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 6 of 27
exemption documentation, coordinate with the City regarding review comments, and assist with filing requirements following project approval.
This scope assumes the project consists of minor improvements within existing disturbed public right-of-way along an urbanized corridor and that no significant impacts to cultural, biological, or hazardous material resources will occur. The project is anticipated to qualify for a CE/CE under both CEQA and NEPA, with environmental documentation supported by standard Caltrans construction-related mitigation measures for noise, air quality, and water quality. Additional hydraulic studies beyond the SFER form and additional hazardous materials investigations beyond an ISA Checklist are not anticipated due to the limited extent of soil disturbance associated with proposed pole foundations.
Consultant shall, itself or through a subcontractor, coordinate with the project team and City of Pittsburg throughout the environmental process and assumes attendance at up to two coordination meetings. The scope also assumes that community meetings or public hearing attendance will not be required.
Deliverables: Obtain Categorical Exemption/Categorical Exclusion Determination Form (LAPM Exhibit 6-F) for NEPA compliance and CEQA
compliance
TASK 6: DESIGN PS&E
Subtask 6.1 65% PS&E Submittal
Consultant shall prepare a comprehensive 65% PS&E package in accordance with City of Pittsburg standards, Caltrans standards, CA MUTCD requirements, ADA requirements, and federal-aid procedures. The 65% submittal will establish the primary design framework for the project and provide the City with sufficient detail to review constructability, utility coordination, operational impacts, and budget consistency early in the design process.
The 65% design package will include traffic signal improvements, ADA curb ramp upgrades, RRFB installations, pedestrian crossing enhancements, signing and striping, roadway improvements, and street lighting plans with updated photometric analyses.
Plans will identify existing conditions, utility conflicts, removals, and proposed improvements necessary to support implementation of the corridor safety improvements.
Consultant shall continue utility coordination efforts and refine the construction cost estimate and cost-effectiveness analysis to confirm consistency with the available HSIP funding budget. Specifications, federal-aid contract language, bid schedules, special provisions, and applicable Caltrans and FHWA forms will also be incorporated into the submittal package.
A detailed response-to-comments matrix documenting resolution of all 35% review comments will be provided. Consultant also recommends a joint field Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 7 of 27
review with City staff following the 65% submittal to confirm constructability assumptions and proactively address potential construction concerns.
Subtask 6.2 95% PS&E Submittal
Following City review of the 65% submittal, Consultant shall advance the project to a near-final, construction-ready 95% PS&E package. The 95% package will include finalized traffic signal, electrical, civil, ADA, signing and striping, pedestrian improvement, and street lighting plans, along with updated specifications and construction cost estimates.
Consultant shall conduct a comment review meeting with City staff to discuss review comments, confirm outstanding design decisions, and verify the project remains within budget and aligned with HSIP objectives. Utility coordination, equipment selections, and constructability considerations will also be refined during this phase.
An updated response-to-comments matrix will be prepared documenting resolution of all City comments received during the 65% review. Consultant shall continue coordination with Caltrans Local Assistance staff, utility providers, and environmental subconsultants to support timely project authorization and delivery.
Subtask 6.3 100% PS&E Submittal
Consultant shall prepare complete, bid-ready final PS&E documents incorporating all final City, utility, environmental, and Caltrans review comments. Prior to submittal, the final plans, specifications, estimates, and supporting documentation will undergo comprehensive internal quality control review to verify constructability, coordination, accuracy, and compliance with applicable City, Caltrans, ADA, CA MUTCD, and federal- aid requirements.
The final PS&E package will include signed and stamped engineering documents prepared by the Engineer of Record and submitted in all required electronic and hard copy formats necessary to support bidding and construction.
Deliverables: Three sets of plan submittals, including specifications and cost estimates, at 65%, 95%, and 100% completion milestones; Comment
Response Matrix at each submittal; PDF and AutoCAD files of final plans
TASK 7: CALTRANS SUPPORT AND DOCUMENTATION
Consultant shall provide comprehensive support for Caltrans Local Assistance coordination and E-76 authorization throughout the PE, R/W, and CON phases.
Consultant shall provide complete, accurate, and timely documentation to maintain project eligibility, minimize authorization delays, and support successful delivery of the Harbor Street Safety Improvements Project.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 8 of 27
Preliminary Engineering Phase
The City has indicated that Authorization to Proceed for the Preliminary Engineering phase has already been obtained. During this phase, Consultant shall support the City with preparation and coordination of all required environmental and Caltrans Local Assistance documentation necessary to maintain project eligibility and advance the project toward final design authorization.
Consultant, itself or through a subcontractor, shall coordinate preparation of all required environmental documentation, including the PES, NEPA Categorical Exclusion documentation, CEQA Notice of Exemption, mitigation commitments, and supporting environmental forms required by Caltrans Local Assistance.
Consultant shall also assist the City with preparation of Field Review Forms, supporting exhibits, and all required E-76 documentation associated with the PE phase.
Right-of-Way Phase
At this time, Consultant does not anticipate any right-of-way acquisition or permanent easements will be required, as the proposed improvements are expected to remain within existing public right-of-way. However, utility coordination and utility adjustment documentation will still be required to support the Right-of-Way certification process.
Consultant shall prepare utility coordination exhibits, utility matrices, and supporting documentation identifying facilities requiring relocation, adjustment, protection, or coordination associated with ADA improvements, street lighting installations, cabinet upgrades, and signal modifications.
Consultant shall coordinate with utility providers, identify utility ownership, and assist the City with preparation of utility notices, coordination letters, E-76 forms, and supporting Caltrans documentation necessary for Right-of-Way certification and authorization.
Construction Phase
During the Construction Authorization phase, Consultant shall prepare and assemble all documentation required to support Caltrans Local Assistance authorization for advertisement and construction, including LAPM Chapter 12 forms, PS&E certification checklists, federal-aid contract documents, environmental compliance documentation, and supporting authorization exhibits required for federal-aid compliance.
Consultant shall coordinate closely with City staff and Caltrans Local Assistance throughout the authorization process to ensure all documentation is complete, coordinated, and submitted in accordance with current LAPM requirements and federal- aid procedures.
Deliverables: LAPM Forms and Exhibits and all support documentation/coordination
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026 the City of Pittsburg and TJKM Page 9 of 27
EXHIBIT B
COMPENSATION SCHEDULE
Consultant shall be paid a sum not to exceed Two Hundred Fifty Thousand One Hundred Twenty-Four Dollars ($250,124).
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 10 of 27
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.
TJKM
By:
Title: President
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 11 of 27
EXHIBIT C
FEDERAL REQUIREMENTS
1. Uniform Federal Contract Provisions. The Agreement will be funded in whole or in part with federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds. Copies of any funding agreement between City and a funding agency will be made available upon request.
1.1 Equal Opportunity. During the performance of this Agreement, the Consultant agrees as follows:
(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant’s legal duty to furnish information.
(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 12 of 27
representatives of the Consultant’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
1.2 Contract Work Hours and Safety Standards Act. If the Agreement exceeds $100,000 and involves the employment of mechanics or laborers, then Consultant and each subconsultant must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 13 of 27
(A) No Consultant or subconsultant will require or permit any laborer or mechanic to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Consultant or a subcontractor violates this requirement, the Consultant and any responsible subcontractor will be liable for the unpaid wages. In addition, the Consultant and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Consultant and subconsultant must insert this requirement into subcontracts of any tier. Consultant is responsible for compliance with these requirements by each subcontractor of any tier.
1.3 Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
1.4 Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subconsultant must comply with the requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401-7671q), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subconsultant must insert this requirement into subcontracts of any tier in excess of $150,000.
1.5 Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subconsultant must comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251- 1387) and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subconsultants must insert this requirement into Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 14 of 27
subcontracts of any tier in excess of $150,000.
1.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Consultant is required to verify that none of its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, in addition to remedies available to City, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment.
By submitting a proposal and entering into this Agreement, Consultant agrees to comply with these requirements. (See also Section 2.14, below.)
1.7 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within a reasonable time frame, (B) meeting reasonable performance standards, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 15 of 27
1.8 Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. “Covered telecommunications equipment or services” means any of the following:
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Consultant will include this provision in all subcontracts or purchase orders in connection with the services.
1.9 Domestic Preferences for Procurements. The City should, to the greatest extent practicable and consistent with applicable law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR §200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.
2. Caltrans Funding Requirements. This Agreement is for architectural and/or engineering services funded in whole or in part by Caltrans and/or the Federal Highway Administration (“FHWA”) and is subject to the following provisions. Any reference to an “Exhibit” in this Section 2 refers the specified Exhibit under Caltrans’ Local Assistance Procedures Manual (“LAPM”), available at https://dot.ca.gov/programs/local-assistance/guidelines-and- Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 16 of 27
procedures/local-assistance-procedures-manual-lapm.
2.1 Consultant’s Reports or Meetings (Exhibit 10-R, Article II).
A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s contract administrator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. Consultant’s project manager shall meet with City’s contract administrator, as needed, to discuss progress on the Agreement.
2.2 Allowable Costs and Payments (Exhibit 10-R, Article V).
A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in Consultant’s approved Cost Proposal, unless additional reimbursement is provided for by amendment to the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal. In the event that City determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by amendment to the Agreement to accommodate the changed work. The maximum total cost as specified in Section 2 of the Agreement shall not be exceeded, unless authorized by amendment to the Agreement.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or award of the Agreement.
C. In addition to the allowable incurred costs, City will pay Consultant a fixed fee, as specified in the final approved Cost Proposal. The fixed fee is nonadjustable for the Term of the Agreement, except in the event of a significant change in the Scope of Services and such adjustment is made by amendment to the Agreement.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 17 of 27
E. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the contract administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the City-approved schedule, City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to California law and regulations upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the Agreement and approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 2.8 (Article XI), Equipment Purchase and Other Capital Expenditures. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City at the following address:
City of Pittsburg
Engineering Division
Attn: Khristin Labao
65 Civic Avenue
Pittsburg, CA 94565
I. The total amount payable by City including the fixed fee shall not exceed the amount set forth in Section 2 of the Agreement.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
2.3 Termination (Exhibit 10-R, Article VI).
A. See Section 8.1 of Agreement on Termination.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 18 of 27
B. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.
D. In the event of termination, Consultant shall be compensated as provided for in the Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
2.4 Cost Principles and Administrative Requirements (Exhibit 10-R, Article VII).
A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.
D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
2.5 Retention of Records/Audits (Exhibit 10-R, Article VIII).
For the purpose of determining compliance with Government Code § 8546.7, Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 19 of 27
including Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Term of the Agreement and for four years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for four years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
2.6 Audit Review Procedures (Exhibit 10-R, Article IX).
A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.
B. Not later than 30 calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues.
The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
D. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Consultant and approved by City’s contract administrator to conform to the audit or review recommendations.
Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments officials have access to CPA work papers, will be considered a breach of the Agreement and cause for termination of the Agreement and disallowance of prior reimbursed costs.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 20 of 27
E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by City’s contract administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement and cause for termination of the Agreement and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than 150% - the accepted rate reimbursed will be 90% of the proposed rate.
b. If the proposed rate is between 150% and 200% - the accepted rate will be 85% of the proposed rate.
c. If the proposed rate is greater than 200% - the accepted rate will be 75% of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three months of the effective date of the management letter. IOAI will then have up to six months to review the Consultant’s and/or the independent CPA’s revisions.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 21 of 27
3. If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. Consultant must submit its final invoice to City no later than 60 calendar days after occurrence of the last of these items.
The accepted ICR will apply to this Agreement and all other agreements executed between City and Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
2.7 Subcontracting (Exhibit 10-R, Article X).
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.
B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by City’s contract administrator, except that which is expressly identified in Consultant’s approved Cost Proposal.
C. Any subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants unless otherwise noted.
D. Any substitution of subconsultant(s) must be approved in writing by City’s contract administrator in advance of assigning work to a substitute subconsultant.
E. Prompt Progress Payment
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 22 of 27
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150% of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2% of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.
The Consultant must submit Exhibit 9-P to the City administering the contract by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to the subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The City must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project.
The City must email a copy of Exhibit 9-P to [email protected] before the end of the month before receiving the Exhibit 9-P form from the Consultant.
F. Prompt Payment of Withheld Funds to Subconsultants
City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the work, and pay retainage to Consultant based on these acceptances. City designates the following method to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant:
No retainage will be held by City from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in section 3321 of the California Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 23 of 27
Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant.
2.8 Equipment Purchase and Other Capital Expenditures (Exhibit 10-R, Article XI).
A. Prior authorization in writing by City’s contract administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding $5,000, with prior authorization by City’s contract administrator, three competitive quotations must be submitted with the request, or the absence of quotes must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:
1. Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
2.9 State Prevailing Wage Rates (Exhibit 10-R, Article XII).
A. No Consultant or subconsultant may be awarded an agreement containing public Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 24 of 27
work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. Registration with DIR must be maintained throughout the entire Term of this Agreement, including any subsequent amendments.
B. Consultant shall comply with all of the applicable provisions of the California Labor Code pertaining to prevailing wages, including Labor Code section 1720 et seq. and related regulations. If prevailing wage requirements apply to the Agreement, then the Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant must post all job site notices required by laws and regulations pursuant to Labor Code section 1771.4. Each worker performing work under this Agreement that is covered under Labor Code section 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the City and the Department of Transportation’s Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each Consultant and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code sections 1771.4,1776, and 1812 and as defined in 8 CCR section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 25 of 27
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works
project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by Consultant under penalty of perjury. Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of Consultant. Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the
employee or the employee’s authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for
inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations. Certified payrolls
submitted to City, the Division of Labor Standards
Enforcement and the Division of Apprenticeship
Standards shall not be altered or obliterated by
Consultant.
c. The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City’s contract
administrator by both email and regular mail on the
business day following receipt of the request.
3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 26 of 27
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual’s name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.
5. Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties will be withheld by the Division of Labor Enforcement Standards from payments then due. Consultant is not subject to a penalty assessment pursuant to this Section due to the failure of a subconsultant to comply with this Section.
E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City’s contract administrator.
F. Penalty
1. Consultant and any of its subconsultants shall comply with Labor Code sections 1774 and 1775. Pursuant to Labor Code section 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code sections 1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 27 of 27
Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the Term of the Agreement.
3. In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Consultant or subconsultant.
4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.
d. Prior to making final payment to the subconsultant for work performed on the public works project, Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 28 of 27
public works project and any amounts due pursuant to Labor Code section 1813.
5. Pursuant to Labor Code section 1775, City may notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit to City, as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in section 1815.
H. Employment of Apprentices
1. Where either the Agreement or the subcontract exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to-apprentice ratios for the work under the Agreement. Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 29 of 27
specified in Labor Code section 1777.7.
2.10 Conflict of Interest (Exhibit 10-R, Article XIII).
A. During the Term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.
B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.
C. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
D. Consultant hereby certifies that Consultant or subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
2.11 Rebates, Kickbacks or Other Unlawful Consideration (Exhibit 10-R, Article XIV).
Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
2.12 Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying (Exhibit 10-R, Article XV).
A. Consultant certifies, to the best of his or her knowledge and belief, that:
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 30 of 27
1. No state, federal or local agency appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
2.13 Non-Discrimination Clause and Statement of Compliance (Exhibit 10-R, Article XVI).
A. Consultant’s signature affixed to the Agreement, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code § 12990 and 2 CCR § 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 31 of 27
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 32 of 27
I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.
2.14 Debarment and Suspension Certification (Exhibit 10-R, Article XVII).
A. Consultant’s signature affixed to the Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.
2.15 Disadvantage Business Enterprise (DBE) (Exhibit 10-R, Article XVIII)
A. The consultant or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).
B. In accordance with CFR 26.13 (b): Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 33 of 27
contracts.
Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions; and/or
3. Disqualifying the consultant from future proposing as non-responsible
2.16 Funding Requirements (Exhibit 10-R, Article XX).
A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
D. City has the option to terminate the Agreement pursuant to Section 8.1 of the Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
2.17 Contingent Fee (Exhibit 10-R, Article XXII).
Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; to pay only for the value of the work actually performed; or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
2.18 Inspection of Work (Exhibit 10-R, Article XXIV).
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 34 of 27
Consultant and any subconsultants shall permit City, the State of California, and the Federal Highway Administration (“FHWA”) to review and inspect the project activities, including the services, and all files pertaining thereto, at all reasonable times during the Term of the Agreement.
2.19 Safety (Exhibit 10-R, Article XXV).
A. Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
D. If the Agreement involves the construction or excavation of trenches of five feet or deeper, Consultant must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
2.20 Ownership of Data (Exhibit 10-R, Article XXVI).
A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 35 of 27
B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 – Patent Rights under Government Contracts for federal-aid contracts).
E. City may permit copyrighting reports or other agreement products. If copyrights are permitted, the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.
2.21 Claims Filed by City’s Construction Contractor (Exhibit 10-R, Article XXVII).
A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City’s construction contract administrator and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
2.22 Confidentiality of Data (Exhibit 10-R, Article XXVIII).
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 36 of 27
A. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.
D. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.
E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
F. All information related to a construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA.
All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
2.23 National Labor Relations Board Certification (Exhibit 10-R, Article XXIX).
In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
2.24 Evaluation of Consultant (Exhibit 10-R, Article XXX).
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 37 of 27
2.25 Reserved.
Consultant’s performance may be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.
2.26 Prompt Payment (Exhibit 10-R, Article XXXI).
A. Prompt payment from City to Consultant
City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
1. City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven days after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. Prompt Payment Certification
Consultant must submit Exhibit 9-P to the City by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
2.27 Title VI Assurances (Exhibit 10-R, Article XXXII).
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as “Consultant”) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 38 of 27
of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 39 of 27
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Consulting Services Agreement between August 18, 2026
the City of Pittsburg and TJKM Page 40 of 27
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
Docusign Envelope ID: 70579782-D0CC-8085-83CD-78720CB95DD2
Project Title: Project #:
Harbor St. Safety Improvements (HSIP 12) 2037
Description/Justification:
Improve signal hardware (Cabinets, signal heads, backplates, controllers, backup battery systems, and modems) at intersections, lighting roadway segment improvements, and upgrade pedestrian crossings with enhanced safety features.
Supplemental Information:
On February 28, 2025, Caltrans awarded the City an HSIP 12 Cycle Grant in the amount of $2,246,922.
Project Category: Roadway Infrastructure
Location: Harbor Street from Buchanan Road to
East 3rd Street
Project Manager: K.Labao
Project Priority: 1C – Essential
Project Status: Design
Est. Completion Date: 2027/28
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Jordan Davis, Director of Community and Economic
Development
Alison Spells, Senior Planner
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute a First Amendment to the Consulting
Services Agreement with Raney Planning and Management,
Inc. for the Faria Development Project and Amending Fiscal Year 2026-27 Budget
EXECUTIVE SUMMARY
The item would authorize the City Manager to execute a First Amendment to the Consulting Services Agreement with Raney Planning and Management, Inc. for environmental review services to comply with the California Environmental Quality Act (CEQA) for the Faria Development Project, AP-25-0050, a proposed residential subdivision on a 606-acre site. The City Council authorized the City Manager to execute the original Consulting Services Agreement on April 6, 2026, in Resolution No. 26-14759.
FISCAL IMPACT
Staff recommends the City Council allocate an additional $62,854.50 to the consultant budget for consultant costs for additional CEQA services by Raney Planning and Management, Inc. The requested budget increase will augment the original contract amount and contingency from $51,587.50, as executed in Resolution No. 26-14759 to $114,442.
If this recommendation is authorized by the City Council, the City Manager will execute a First Amendment to the Consulting Services Agreement with Raney Planning and Management for an increased sum and compensation not to exceed $114,442.
The applicant (Faria Land Investors, LLC) has an executed Reimbursement Agreement with the City and has provided funds to cover the revised total costs of CEQA Consultant services. As such, there is no anticipated fiscal impact to the City.
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution authorizing the City Manager to execute a First Amendment to the Consulting Services Agreement with Raney Planning and Management, Inc., for environmental review services related to the Faria Development Project, AP-25-0050.
BACKGROUND
The Faria property is an approximately 606-acre, undeveloped area at the southwest municipal boundary of the City of Pittsburg. In 2013, the City contracted with Raney Planning and Management, Inc., to prepare an Environmental Impact Report (EIR) for the Faria/Southwest Hills Annexation Project (AP-10-717), a request for approval of General Plan Amendments, Prezoning Designations, a Development Agreement and Master Plan. The EIR for the project evaluated the environmental impacts associated with maximum buildout of the Faria property to include up to 1,500 single-family residential units.
On April 17, 2023, the City Council: (1) certified the EIR in Resolution No. 23-14269, (2) approved the requested General Plan Amendments in Resolution No. 23-14270, and (3) initiated annexation proceedings for the Faria property in Resolution No. 23-14271.
On May 1, 2023, the City Council: (1) approved the Development Agreement in Ordinance No. 23-1507 and (2) amended Prezoning Designations and adopted the Master Plan for the Faria property in Ordinance No. 23-1508.
On June 12, 2024, in Resolution No. 21-05, the Contra Costa Local Agency Formation Commission (LAFCO) approved annexation of the 606-acre Faria property into the City of Pittsburg, Contra Costa Water District and Delta Diablo Service Areas.
On June 20, 2025, the applicant submitted Planning Application No. 25-0050, requesting approval of a preliminary Vesting Tentative Map for the Faria property.
On April 6, 2026, in Resolution No. 26-14759, the City Council authorized the City Manager to Execute a Consulting Services Agreement with Raney Planning and Management, Inc., for environmental review services in compliance with CEQA for the Faria Development Project, AP-25-0050. As part of the CEQA project review City staff determined that additional transportation analysis was necessary to support environmental review of the project, which requires a transportation subconsultant and corresponding adjustments to the Consultant’s compensation.
SUBCOMMITTEE FINDINGS
The item was not presented to a subcommittee.
STAFF ANALYSIS
Raney Planning and Management, Inc. is uniquely familiar with the Faria project site, environmental conditions, and prior analysis. Allowing this First Amendment to the existing agreement will provide continuity and efficiency in completing the required environmental review documentation required by CEQA for the Faria Development Project, AP-25-0050.
The additional transportation analysis necessary to support environmental review of the project will increase the original contract amount to $114,442. Resolution No. 26-14759 authorized allocation of $51,587.50 to the consultant budget for consultant costs. Staff recommend the City Council authorize execution of the First Amendment to the agreement, increasing the CEQA Consultant budget for the project by $62,854.50, for a total compensation not to exceed $114,442.
ATTACHMENTS:
1. Proposed Resolution
2. Resolution No. 26-14759
3. First Amendment to Consulting Services Agreement
a. Exhibit B – Compensation
Resolution No. 26- Page 1 of 2 August 17, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing the City Manager to Execute )
A First Amendment to the Consulting )
Services Agreement with Raney ) RESOLUTION NO. 26-
Planning and Management, Inc. for the )
Faria Development Project, AP-25-0050 )
WHEREAS, on Apri 6, 2026, the City Council adopted Resolution No. 26-14759, authorizing the City Manager to execute an Agreement with Raney Planning and Management, Inc. (“Consultant”) for further environmental review of the Faria Development Project, AP-25-0050, a proposed residential subdivision on a 606-acre site; and
WHEREAS, Resolution No. 26-14759 increased the Developer Deposits Fund estimated revenue and appropriations by $51,587.50, to cover the estimated $41,270 cost for CEQA services by Raney Planning and Management, Inc., along with an approximately 25 percent contingency of $10,317.50; and
WHEREAS, following execution of the Agreement, City staff determined that additional transportation analysis was necessary to support further environmental review of the project; and
WHEREAS, the additional work requires the services of a transportation subconsultant and corresponding adjustments to the Consultant’s scope of services and compensation; and
WHEREAS, City staff recommend this First Amendment to the Agreement to incorporate the additional scope of work and increase the compensation amount by $62,854.50.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute this First Amendment to the Consulting Services Agreement with Raney Planning and Management, Inc.
BE IT FURTHER RESOLVED that fiscal year 2026-2027 budget is amended to increase the Developer Deposits Fund estimated revenue and appropriations by $62,854.50 each.
Resolution No. 26- Page 2 of 2 August 17, 2026
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________
Dionne Adams, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Chair and Governing Board Members
FROM: Darin E. Gale‚ Executive Director
Jordan Davis, Director of Community and Economic
Development
Vanessa Xie, General Manager of Pittsburg Power Company
SUBJECT: Adoption of a Pittsburg Power Company Resolution Approving the 2025 Annual Power Source Disclosure Report to the California Energy Commission
EXECUTIVE SUMMARY
California Public Utilities Code Section 398.1(b) requires all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose the sources or fuel types of power procured and sold to end-use customers.
The Pittsburg Power Company (PPC) provides retail electricity service on Mare Island, Vallejo, under the name of Island Energy (IE) and is required by law to disclose the sources of its energy procurement and sales to its end users on Mare Island. The CEC requires the Governing Board of the Pittsburg Power Company to approve its 2025 Annual Power Source Disclosure Report (PSD Report).
FISCAL IMPACT
Approval of the 2025 Annual Power Source Disclosure Report has no fiscal impact on Island Energy Enterprise Fund or the City’s General Fund.
RECOMMENDATION
The Governing Board of the Pittsburg Power Company (Board) approves the 2025 Annual Power Source Disclosure Report, attests the information contained in the report is true and accurate and the energy that PPC procured was sold once and only once to end-use customers on Mare Island, Vallejo.
BACKGROUND
Electricity retail suppliers are required to report the resources or fuel types of power procured and sold in the form of a Power Source Disclosure Report developed by the CEC. The CEC also requires the power source disclosure report to be independently audited. An electricity retail supplier that is a public agency, such as PPC, is not required to comply with the audit requirements if the board of directors of the public agency approves the power source disclosure report at a public meeting and attests the information contained in the power source disclosure Report is accurate.
SUBCOMMITTEE FINDINGS
This item was not presented to a Subcommittee.
STAFF ANALYSIS
The 2025 Power Source Disclosure Report shows that during calendar year 2025, 29% of PPC’s annual electricity sales to end-use customers was purchased from solar generation, 1% from CEC-eligible hydroelectric sources (small hydropower plants with nameplate generation capacity less than 30 MW), and 50% from large hydroelectric generation. In summary, 30% of 2025 annual electricity retail sales were generated by CEC-certified renewable sources. The remaining 20% of annual electricity sales was purchased from the California energy market and its sources of generation cannot be specified.
The CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a verification from an auditor. The methodology used in preparation for the 2025 PSD report is consistent with the CEC’s filing guidelines. PPC filed the 2025 PSD report with CEC on 5/28/2026, and CEC has accepted the report.
ATTACHMENTS: Resolution
2025 Annual Report of Power Source Disclosure Program
BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY
OF THE CITY OF PITTSBURG
In the Matter of:
Approving the 2025 Annual Power)
Source Disclosure Report to the ) RESOLUTION NO. 26- California Energy Commission )
WHEREAS, the Pittsburg Power Company (“PPC”), a Joint Powers Authority, provides electricity and natural gas retail service at Mare Island, Vallejo in the name of Island Energy (“IE”); and
WHEREAS, State law and regulations require all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers, and attest that electricity was sold only once to retail customers; and
WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing the sources of its energy procurement and sales to its end users on Mare Island, Vallejo; and
WHEREAS, PPC submitted the 2025 Power Source Disclosure (PSD) report with CEC on 5/28/2026, and CEC has accepted the report; and
WHEREAS, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a report from an auditor.
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Power Company (the Board) hereby approves the 2025 PSD Report and attests to the veracity of said report.
BE IT FURTHER RESOLVED that the Board attests that the energy procured by Island Energy was sold once and only once to end-use customers on Mare Island, Vallejo.
PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company of the City of Pittsburg at a regular meeting on the 17th day of August 2026, by the following votes:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________
Dionne Adams, Chair
ATTEST:
______________________________
Darin E. Gale, Executive Secretary
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Chair and Governing Board Members
FROM: Darin E. Gale‚ Executive Director
Jordan Davis, Director of Community & Economic
Development
Marlee Nunez, Financial Analyst
SUBJECT: Adoption of a Pittsburg Power Resolution Authorizing Pittsburg Power Company to Accept a BMO Irrevocable
Letter of Credit and its Amendment No. 1 for the
Alteration/Installation of Utility Facilities Agreement between PPC and ALCO Iron and Metals
EXECUTIVE SUMMARY
Pittsburg Power Company (PPC) Resolution 26-498 executed the first amendment to the Agreement of Alteration/Installation of Utility Facilities (Agreement) dated December 27, 2022 between PPC and ALCO Iron and Metals (ALCO), reducing the original loan amount from $350,000 to $265,000 based on pay back of principal. PPC requested an updated irrevocable Letter of Credit (LOC) from BMO Bank, ALCO’s new banking institution, and amendments to guarantee automatic annual renewal of the LOC for successive periods and an extended expiration date to cover the full repayment period of the loan (Amendment No. 1).
FISCAL IMPACT
There is no fiscal impact to the PPC Enterprise Fund 590. The revised LOC fully secures the remaining principal balance owed to PPC under the Agreement.
RECOMMENDATION
Staff recommend the Governing Board of the Pittsburg Power Company adopt a resolution authorizing the acceptance of ALCO’s revised LOC in the amount of $265,000, including Amendment No. 1 issued by BMO Bank.
BACKGROUND
On December 27, 2022, PPC and ALCO executed an Agreement for the Alteration/Installation of Utility Facilities on Mare Island. Exhibit C of the Agreement included an estimated project cost and loan amount of $350,000.
Consistent with Section 2.2.3, ALCO provided PPC with a $350,000 LOC issued by Bank of America to secure repayment of the borrowed amount. ALCO has made, and continues to make, required monthly payments to PPC, which has reduced the remaining principal owed to less than $265,000.
ALCO recently transitioned its banking services from Bank of America to BMO Bank. To maintain compliance with the Agreement and ensure uninterrupted security for PPC, ALCO has provided a replacement LOC from BMO Bank in the amount of $265,000.
Upon further review, PPC requested the LOC be amended to extend the final expiration date to May 2033 to cover the full expected loan repayment period, and to add language for successive periods of automatic extensions in the evergreen clause of the letter.
SUBCOMMITTEE FINDINGS
The reissued LOC and amendments have not been presented to the Pittsburg Power Subcommittee.
STAFF ANALYSIS
The Agreement requires ALCO to maintain an irrevocable LOC securing repayment of the loan. ALCO’s transition to BMO Bank prompted the necessity for reissuing an updated LOC. The new LOC amount of $265,000 corresponds to the remaining principal balance and maintains full security for PPC.
PPC requested ALCO to amend the LOC to extend the final expiration date from January 2033 to May 2033 and to clarify the letter’s automatic extensions are for successive periods of one year each. ALCO and BMO Bank have provided the requested amendments to the LOC issued as Amendment No. 1.
Staff recommend the Board to adopt the BMO irrevocable Standby Letter of Credit No.
HACH3023105OS and its Amendment No.1 to ensure PPC retains appropriate financial protection through a valid, fully compliant LOC from ALCO’s current bank. including all requested amendments, and confirm ALCO’s continued compliance with the terms of the Agreement. Upon acceptance of the amended LOC issued by BMO Bank, PPC will proceed with canceling the original LOC issued by Bank of America.
ATTACHMENTS: Resolution
ALCO Letter of Credit from BMO Bank
ALCO Letter of Credit Amendment No. 1 from BMO Bank
Resolution No. 26- Page 1 of 2 August 17, 2026
BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY
OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Executive Director )
To Accept a Revised Letter of Credit ) RESOLUTION NO. 26- With Amendments from ALCO Iron )
And Metal Company )
WHEREAS, Pittsburg Power Company (PPC), a joint powers authority, and ALCO Iron and Metal Company (ALCO), a California corporation, entered into an Agreement for the Alteration/Installation of Utility Facilities (Agreement) dated December 27, 2022; and
WHEREAS, under the Agreement, PPC loaned ALCO Three Hundred Fifty Thousand dollars ($350,000) based on the estimated project cost set forth in Exhibit C, Article 4; and
WHEREAS, ALCO provided PPC with a Three Hundred Fifty Thousand dollar ($350,000) Letter of Credit (LOC) issued by Bank of America to secure repayment of the borrowed amount as required under the Agreement; and
WHEREAS, ALCO has made, and continues to make, monthly payments on the borrowed amount to PPC in accordance with the revised loan repayment schedule; and
WHEREAS, ALCO has recently transferred its banking services from Bank of America to BMO Bank and has provided PPC with a reissued LOC in the amount of Two Hundred Sixty-Five Thousand dollars ($265,000) to guarantee reimbursement for the remaining principal balance of the borrowed amount; and
WHEREAS, PPC requested ALCO to amend the LOC to extend the final expiration date from January 2033 to May 2033 and to clarify the letter’s automatic extensions are for successive periods of one year each; and
WHEREAS, ALCO and BMO Bank have provided the requested amendments to the LOC issued as Amendment No. 1.
NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the Pittsburg Power Company hereby authorizes the Executive Director to accept ALCO’s reissued LOC in the amount of Two Hundred Sixty-Five Thousand dollars ($265,000), including Amendment No. 1 issued by BMO Bank.
Resolution No. 26- Page 2 of 2 August 17, 2026
PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company of the City of Pittsburg at a regular meeting on the 17th day of August 2026, by the following votes:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________
Dionne Adams, Chair
ATTEST:
______________________________
Darin E. Gale, Executive Secretary
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Director of Public Works /City Engineer April Chamberlain, Administrative Analyst II
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute an Agreement with Revel Environmental Manufacturing, Inc., for the Maintenance of Citywide Full Trash Capture Devices
EXECUTIVE SUMMARY
The City is required, under Provision C.10 of the National Pollutant Discharge Elimination System (NPDES) Municipal Regional Stormwater Permit, to reduce trash loads originating from medium to very high trash-generating areas. This is achieved through the installation and ongoing maintenance of full trash capture devices at storm drain inlets. This action authorizes the execution of a Consulting Services Agreement (Agreement) with Revel Environmental Manufacturing, Inc. to perform the required annual maintenance for the City’s 418 installed full trash capture devices for Fiscal Year (FY) 2026/27.
FISCAL IMPACT
The total cost of maintenance of the full trash capture devices for FY 2026/27 is $105,637, funded by NPDES funds (Fund 207). These funds are included in the approved operating budget and no additional funds are requested.
RECOMMENDATION
City Council adopt the attached Resolution authorizing execution of an Agreement with Revel Environmental Manufacturing, Inc. for an amount not to exceed $105,637 dollars.
BACKGROUND
The City’s NPDES Stormwater Permit requires ongoing reduction of trash discharges from the Municipal Separate Storm Sewer System (MS4) to receiving waters.
Installation and proper maintenance of full trash capture devices in medium and high trash-generation areas are critical to achieving the required 100 percent trash load reduction requirement.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
To comply with the 100 percent trash load reduction requirement, the City must ensure that areas generating moderate to very high amounts of trash, and which drain to City-owned storm drain inlets, are equipped with full trash capture systems or are managed with equivalent trash-reduction measures. All installed devices require annual maintenance to continue functioning effectively. The proposed Agreement will provide the maintenance necessary to remain in compliance with the NPDES Permit.
ATTACHMENTS: Resolution
Exhibit I — Revel Environmental Manufacturing, Inc. Agreement
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing City Manager to Execute Agreement )
With Revel Environmental Manufacturing, Inc. for) RESOLUTION NO. 26- The Maintenance of Citywide Full Trash Capture )
Devices )
WHEREAS, the City of Pittsburg’s Clean Water Program is responsible for complying with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Order No. R2-2022-0018 and Permit No. CAS612008; and
WHEREAS, Provision C.10 of the NPDES Municipal Regional Stormwater Permit, requires municipalities to reduce trash loads discharged from medium to very high trash-generating areas; and
WHEREAS, Provision C.10, effective May 1, 2022, establishes mandatory requirements for installation and annual maintenance of full trash capture systems; and
WHEREAS, the City has installed 418 full trash capture devices in storm drain inlets throughout the medium to very high trash generation areas as one of the primary methods to meet the permit requirement of achieving 100 percent trash load reduction to the San Francisco Bay; and
WHEREAS, On June 3, 2026, the City received a proposal for the required maintenance of the City’s full trash capture devices from Revel Environmental Manufacturing, Inc. ensuring proper functionality and adherence to NPDES Permit regulations; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Pittsburg authorizes the City Manager to execute a Consulting Services Agreement with Revel Environmental Manufacturing, Inc. for maintenance of the City’s full trash capture devices, for an amount not to exceed $105,637.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on August 17, 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________
Dionne Adams, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
REVEL ENVIRONMENTAL MANUFACTURING INC.
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Revel Environmental Manufacturing, Inc, a California corporation (“Consultant”) (together referred to as the “Parties”) as of August 17, 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 June 30, 2027 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 and five thousand, six hundred and thirty-seven dollars ($105,637), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement.
This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 2 of 12
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.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 3 of 12
2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 4 of 12
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 5 of 12
$1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 6 of 12
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 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 Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 7 of 12
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.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 8 of 12
will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this 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 Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 9 of 12
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 but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 10 of 12
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.
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.
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 11 of 12
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 : Revel Environmental Manufacturing, Inc.
960- B Detroit Avenue
Concord, CA 94518
ATTN: Marcel Sloane
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.
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 12 of 12
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
REVEL ENVIRONMENTAL MANUFACTURING, INC
________________________ ______________________________ Darin Gale, City Manager Marcel Sloane, Regional Manager
Approved as to Form:
____________________________
Donna Mooney, City Attorney
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide maintenance services for all 418 City of Pittsburg public right- of-way Trash Capture (TC) devices.
Maintenance will include:
• Removal and disposal of all captured debris and material in accordance with all laws and regulations. Debris will be disposed of at Class II Hazardous Materials Facility.
• Vacuum and power-wash device at each maintenance event • Inspect each device for proper system operation
• Replace and recharge BFTG filter media as necessary
• Attach a bright yellow, dated, REM Service Lock-out Tag to each catch basin/ trash capture device after the maintenance event is completed. • Provide trash capture maintenance report
• Consultant shall archive and keep maintenance reports for future reference.
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 2 of 3
EXHIBIT B
COMPENSATION SCHEDULE
Not to exceed $105,637.00
Unit Type Quantity Yearly
Frequency
Yearly
Quarters
Price Per
Occurrence
Annual Total
Catch Basin Filter 418 3 1, 3, 4 $32,604.00 $97,812.00
Dated Lock-out Service Tags Included
REM Service Reporting and Documentation (Archived for tracking & municipal reporting)
Included
Annual Fuel Charge: 8% $7,824.96
TOTAL ANNUAL COST $105,636.96
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4
Consulting Services Agreement between August 17, 2026
City of Pittsburg and Revel Environmental Manufacturing Inc. Page 3 of 3
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Revel Environmental Manufacturing, Inc.
By:
Title:
Docusign Envelope ID: C3E1FCE7-7F46-8E87-83C1-C9A0B50476D4 Regional Manager
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson,Public Works Director/City Engineer
Natasha Farmer, Administrative Analyst II
SUBJECT: Adoption of City Council Resolution authorizing the City Manager to execute a Purchase Order with GCS
Environmental Equipment for one (1) new 2027 Freightliner M2 / Tymco 600 Street Sweeper for a total amount not to exceed $415,023.27
EXECUTIVE SUMMARY
This action authorizes the scheduled replacement of a critical Public Works street sweeper using a competitively solicited cooperative purchasing contract. City Council approval is necessary to meet the manufacturer’s September 4, 2026 ordering deadline for the 2027 model year.
FISCAL IMPACT
The total cost for the 2027 Freightliner M2 / Tymco 600 Street Sweeper is $415,023.27, $34,976.34 below the authorized budget of $450.000. Sufficient funding is available in the approved FY 2026/27 Public Works Street Operations Equipment budget (110-05- PWORK-STREET-11010-000000-730050). No additional funds are requested.
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a Purchase Order with GCS Environmental Equipment for one (1) new 2027 Freightliner M2 / Tymco 600 Street Sweeper through Sourcewell Cooperative Contract #062425 for a total amount not to exceed $415,023.27.
BACKGROUND
The City’s current street sweeper has reached the end of its useful service life and requires immediate replacement. Over recent budget cycles, the unit has experienced a marked increase in mechanical breakdowns and unscheduled downtime. Continuing to maintain this vehicle is no longer financially prudent; escalating repair costs and scarce replacement parts make ongoing maintenance significantly more expensive than replacement.
This acquisition aligns directly with the City’s scheduled Vehicle and Equipment Replacement Program. Timely replacement of fleet units minimizes maintenance expenditures, prevents operational disruptions, and preserves required service levels across Pittsburg neighborhoods and commercial corridors. Furthermore, dependable street sweeping operations are essential for keeping roadways clean, preventing storm drain blockages, and ensuring compliance with regional National Pollutant Discharge Elimination System (NPDES) stormwater quality regulations.
To secure competitive pricing and streamline administrative overhead, staff leveraged Sourcewell Contract #062425. As a public cooperative purchasing agency, Sourcewell conducts competitive, public solicitations on behalf of government entities nationwide.
Utilizing this contract satisfies municipal bidding requirements while securing leveraged pricing from the vendor, GCS Environmental Equipment.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Due to ongoing lead times across the heavy equipment manufacturing sector, timing for this procurement is critical. The Original Equipment Manufacturer (OEM) requires a finalized Purchase Order prior to September 4, 2026, to secure production queue placement for the 2027 model year. Once purchased, the estimated delivery window is 210 to 270 days following receipt of the order.
Staff recommends the City Council approve the procurement to provide staff with the necessary lead time to issue the Purchase Order and avoid extended delivery delays or model year price increases.
ATTACHMENTS: Resolution
GCS Environmental Equipment Quote (Sourcewell #062425)
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing Purchase of New )
Street Sweeper Truck ) RESOLUTION NO. 26-
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s fleet, ensuring required service levels across Pittsburg neighborhoods and commercial corridors; and
WHEREAS, one of the City’s current street sweepers has reached the end of its useful service life, experiencing a marked increase in mechanical breakdowns, unscheduled downtime, escalating repair costs, and scarce replacement parts; and
WHEREAS, dependable street sweeping operations are essential for maintaining clean roadways, preventing storm drain blockages, and ensuring compliance with regional National Pollutant Discharge Elimination System (NPDES) stormwater quality regulations; and
WHEREAS, to secure competitive pricing and streamline administrative overhead, City staff utilized Sourcewell Contract #062425, a competitively solicited public cooperative purchasing agreement conducted on behalf of government entities nationwide; and
WHEREAS, utilizing Sourcewell Contract #062425 satisfies the City’s municipal bidding requirements while securing leveraged pricing from the vendor, GCS Environmental Equipment;
WHEREAS, sufficient funds to accommodate the purchase are available in the Street Maintenance Operating Budget previously approved by the City Council for FY 2026/27.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a Purchase Order with GCS Environmental Equipment, pursuant to Sourcewell Contract #062425, for the purchase of a replacement street sweeper in an amount not to exceed $415,023.17.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of August 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________
Dionne Adams, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
Sweeper Quote
Sweeper Model: Model 600®
Sourcewell Contract#: 062425 (Dec. 11, 2025 ■Oct. 27, 2029) Sourcewell
Awarded Contract
neaet/ERA me Ain swEct'cns
Cityof Pittsburg,CACustomer:
Sourcewell Member H: 86776
GregJusticeCustomer Contact Name:
GCS Environmental EquipmentTYMCO® Dealer;
1IZ1I202SQuote Date:
Quote Validity:30 Days
Quoted By; Kaye Morgan
Pittsburg,CAFOB:
210 - 270 Days - See NOTE BelowDelivery ARO:
Purchasing Details: Issue Purchase Orders to TYMCO. tnc.,ATTN: K^c Morqan ^/cave./noraan(S>tvmco.com / 254'799-5546l.
Quofe isCoocI for 30 Days lUnIcsi Othciwjsc Noted Above) I PricingisQuoted in US Dollars (USD}_ / Payment Terms: Net 30_Dqys Model 600® Sweeper Standard Equipment
Auxiliary Engine: John Deere dieselturbocharged 4045T FinalTier4; 4 cylinder;4.5 L (275 CID);99 HP @) 2200 RPM; Torque 315 ft.lb.@ 1600 RPM; fuel/waterseparator,fuelfilter; Donaldson PowerCore * airfilterwith scavenged pre-filter;Remote oilfilter;3.8 useable gallonDieselExhaust Fluid(DEF) tank,includesJohn Deere Standard Warranty coverage 2 Years / 2000 Hours and Extended Warranty coverage up to 5 Years / 5000 Hours, contactfactoryfordetails.
Auxiliary Eneine Air FilterRestriction Indicator with Gauge (In-Cabl:A filterrestrictiongauge includedon the in-cab BlueLogic displaywith an audio and visualhigh restriction indicator.
Auxiliary Eneine Protection System: Engine ECU to provide automatic engine monitoring with derate or shutdown when engine problem isdetected such as high coolanttemperature or low oilpressure.
Auxiliary Fuse Panel: A12V DC fused power source panel for any needed additionalelectricalcomponents or accessories,i.e.radios,warning lights,controls,etc.
Auxiliary Hydraulic System: Electricallyoperates hydraulicsystem without auxiliaryengine (forraisinggutterbroom, pick-up head and dumping hopper) Back-Up Alarm
Blueloeic* Control System: Multiplexed electricalsystem includeshardware and TYMCO* designed software thatintegratesthe in-cabcontrolsto the auxiliaryengine and allsweeper functions;as well as providesintelligentsafetyfeatures.The BlueLogicControlSystem providessweeper and auxiliaryengine data to the operator through the touchscreen display and the multiplexedswitch pack.The displayispedestalmounted forimproved visibilityand includeshour meters (Tripand Total)forthe auxiliaryengine,gutterbrooms, pick-up head, blower, water pump, and BAH broom ifapplicable;sweeper odometer (recordscurb milesswept and sweeping hours),servicereminders, custom reminders,overspeed warning, low water audiblealarm,dust controlsystem winterizationguide and On-Board Diagnostics(OBD) forthe auxiliaryengine and sweeper.
Duo Skids:Warranty - 2 YRS / 2000 hours prorated
Dust Control System: 220 galloncapacitypolyethylenewater tank; 5 gpm electricdiaphragm type pump; low water audiblealarm and message on BlueLogicdisplay;external water levelindicator;spray nozzlesaround pick-uphead, gutterbroom(s) and insidehopper.
GPS Sweeping Status Kit:Thisoption givesthe abilityforusersto easilyaccesssweeper inputsfortheirindividualfleet'sGPS solutionsprovider Gutter Brooms (Twin). LED Floodliehts and Parabolic Mirrors: Leftand rightside mounted 43” diameter wire filleddiggertype;adjustableLED floodlightforeach gutterbroom; 10.5'' parabolic mirrors.
High Capacity Dust Separator
Hydraulic System Protection: Hydraulic filterrestrictionindicatormounted infiltermanifold;sightlevelgauge mounted on tank.BlueLogiccontrolsystem continuallymonitors oil temperature.
LED Alternating Warning Lights: Mounted on rear of hopper (2 oval lights) LED Amber Beacon Light:Mounted on top of hopper incenter position LED Floodlights:Mounted on rearof hopper (2 lights)
LED Stop/Turn/Tail/Clearance Lights
Pressure Bleeder:Airpressureisdeflectedout,allowingadditionalsuctionacrossthe frontof pick-uphead.
Rear View Camera System: Heavy duty rear infraredcamera with 7" color monitor mounted in cab Reverse Pick-Up Head System: Assistsin backing up with Pick-Up Head down Rubber Lined Blower: Warranty - 1YR /1,000 hours prorated Water FillHose & Rack: Flexible20 foot long water tank fillhose with 2-1/2 inch hydrant couplingwith rack mount. System incorporates airgap.
Work Platform:Easilyaccessiblework platform locatedbetween truckcab and sweeper. Standard equipment with conventional chassis with 165" WB and horizontal exhaust. Wot availablewith Extra Water Capacity or ChassisVerticalExhaust.
Sweeper Warranty: Warranty -1 YR /1,000 hours (ContactFactory for Details)
Sourcewell Catalog
Price
Sourcewell Net Price
(After5% Discount)
Section/Type Qty Model 600* Sweeper and Cab/ChassisEquipment Net Price Extended 600000 Model 600* Sweeper withStandardEquipment (BasePrice)1 $210,500.00 $199,975.00 $199,975.00 AuxiliaryEngine 1 HydraulicOptions;1
Gutter Broom Options:2
600022-B 1 Gutter Broom TiltAdjuster: Right $878.00 $834.00 $834.00 600022-A 1 Gutter Broom TiltAdjuster: Left $878.00 $834.00 $834.00 600070 1 Gutter Broom Variable Speed: Right and Left $824.00 $782.00 $782.00 Dust ControlSystem Options:3
A.O.D. (AirOperated Diaphragm) Water Pump with Wash Down Hose & Gun (Exchange)
600004 1 $2,193.00 $2,083.00 $2,083.00
600021 1 Extra Water Capacity - 330 Gallons: COMDEX* $4,933.00 $4,686.00 $4,686.00 600013 Sweeper Deluge System $1,097.001 $1,042.00 $1,042.00 AdditionalWater Nozzle:Hopper $440.00600033-C 1 $418.00 $418.00 AdditionalWater Nozzles:Pick-Up Head
‘When Ordered with Low Emissions Package
Unpublished $632.00 $600.001 $600.00
Low Emissions Package
'South Coast AQMD Rule 1186 Compliant $1,646.00 $1,563.00600077 1 $1,563.00 $659.00 $626.00600009 1 Water Tank Level Gauge $626.00
Hopper Options:4
$1,043.00 $990.00 $990.00Abrasion Protection Package600036 1 $222.00 $210.00 $210.00Dump Switch in Cab600084 1
$211.00 $200.00Unpublished Limb Guard $200.001
$550.00 $522.00 $522.00,Mild Steel Hopper Drain System (Standard Capacity) StainlessSteel Hopper Screen (Split)
600020 1
$1,895.00 $1,800.00 $1,800.00Unpublished 1
Pick-Up Head Options;5
$5,483.00 $5,208.00 $5,208.00Broom AssistPick-Up Head (Exchange)601000 1 Double Duo Skids (4" wide) with Skid Bumper Extension Set (3") (Exchange)
LinearActuator w/Gauge -Pressure Bleeder
$2,193.00 $2,083.00 $2,083.00600062 1
$495.00 $470.00 $470.001600076
$1,563.00$1,646.00 $1,563.00Pick-Up Head Curtain Lifter1600063 $1,974.00 $1,875.00 $1,875.00Pick-Up Head Pressure InletWater Injection System600059 1 AuxiliaryHand Hose Options:6
Camera System Options:7
$1,097.00 $1,042.00 $1,042.00Pick-Up Head View - FullWidth600008-C 1 Sweeper AdditionalOptions;8
$2,743.00 $2,605.00 $2,605.00Auto Sweep Assist(ASA)1600075 $0.00 $0.00 $0.00Sweeper Paint:TYMCO* Standard WhiteUnpublished 1 SpecialSweeper Options:9
Right Gutter Broom View - Mounted on C-Loop Mirror
*Not Available with CurbView Camera System
$1,053.00 $1,000.00 $1,000.00Unpublished 1
Left Gutter Broom View - Mounted on C-Loop Mirror $1,000.00 $1,000.00$1,053.00Unpublished 1 *Not Available with CurbView Camera System
Cab IChassis:10
2027 FreightiinerM2-106 PLUS, 165''WB, Diesel(1-SPD)- SPECIAL ORDER: 26,000 LB. GVWR, Chrome Packag (Includes:(6)Aluminum Wheels; Chrome Bumper; Chrome Air Intake,Chrome Grille);Air Ride Suspension.
$124,750.00$124,750.00 $124,750.00Unpublished 1
*lncludes Dual Steering | 50 State Certified
Chassis Additional Options11
$103.00 $103.00$103.00Fire Extinguisher600803 1
$103.00 $103.00$103.00Hazard Reflectors600804 1
$817.00 $817.00 $817.00LED Amber TrafficDirecting Light:Rear Mounted1600823 $0.00 $0.00 $0.00Truck Paint: Standard Factory WhiteUnpublished 1 SpecialChassisOptions:12
$6,000.00 $6,000.00 $6,000.00(6) Foam FilledTires- Arnco Super Flex (GCS)Unpublished 1 Take-Off items -Sweeper & Chassis13
$100~00| $100.00| $100.00Unpublished Cleaning Tool Bracket1 Dealer InstalledOptions:14
Additional Options;15
$12,500.00 $12,500.00$12,500.00Freight/ PDI / InserviceUnpublished Unpublished
1 $1,500.00 $1,500.00 $1,500.00TariffSurcharge - 2027 Model Year Freightiiner1 $35,139.27 $35,139.27 $35,139.27CA Sales Tax (9.25%)Unpublished 1 Pittsburg,CA GCS 7-27-2026 600Page 2 of 3
Purchasing Details:Issue Purchase Orders to P^MCO, Inc.,ATTN: Kaye Morgan (kave.morgan(S)tymco.com |254-799-5546).
Quote isGood for 30 Days (Unless Otherwise Noted Above) | PricingisQuoted in US Dollars(USD) | Payment Terms: Net 30 Days $415,023.27Total Price:
Pittsburg. CAFOB:
210 - 270 Days ■ See NOT£ BelowDelivery ARO:
NOTE: Delivery Subject to Truck Availability.Notes 1.
Make Purchase Order to TYMCO, Inc.(Email to: kaye.morgan@itymco .com)2.
NOTE: TO SPECIAL ORDER THE 2027 FREIGHTLINER M2-106 TRUCK, WE MUST HAVE PO BY SEPTEMBER 4, 2026.3.
Pittsburg,CA GCS 7-27-2026 600Page 3 of 3
STAFF REPORT
MEETING DATE: August 17, 2026
TO: Chair and Governing Board Members
FROM: Darin E. Gale‚ Executive Director
Jordan Davis, Director of Community and Economic
Development
Vanessa Xie, General Manager of Pittsburg Power Company
SUBJECT: Adoption of a Pittsburg Power Company Resolution Authorizing Island Energy’s Fiscal Year 2026-2027 General Liability and Commercial Auto Insurance Policy Premium
Payment
EXECUTIVE SUMMARY
Pittsburg Power Company (PPC), a joint powers agency, provides utility retail electric and natural gas services on Mare Island, Vallejo, under the name of Island Energy (IE).
Every year, Island Energy procures independent general liability and commercial auto insurance policies to provide liability coverage to the utility operation on Mare Island.
For Fiscal Year (FY) 2026-2027, the annual premium is $391,332.95 for a total of $16,000,000 in aggregated insurance coverage.
FISCAL IMPACT
Funding for this expense is included in Island Energy’s adopted FY 2026–27 operating budget, which was incorporated into the FY 2026–27 City Budget adopted by the City Council. Accordingly, no additional appropriation or increase to the adopted operating budget is requested.
RECOMMENDATION
PPC Board adopt a resolution authorizing Island Energy’s Fiscal Year 2026-2027 general liability and commercial auto insurance policy premium payment.
BACKGROUND
PPC provides retail electric and natural gas utility services on Mare Island, Vallejo, under the name Island Energy. PPC requires commercial liability and automobile insurance coverage for its Island Energy operations.
When PPC was formed, the Municipal Pooling Authority (MPA) declined to extend its commercial liability and automobile coverage to PPC, and instead requested that Alliant Insurance Services, Inc. (“Alliant”), MPA’s insurance broker, provide a bid for a stand- alone commercial insurance policy covering Island Energy's operations.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Continuous commercial liability and automobile coverage is an essential component of PPC’s risk-management program. Authorization of the FY 2026–27 premium will allow PPC to maintain coverage for Island Energy’s Mare Island operations without interruption.
As proposed, the primary general liability policy carries a $1,000,000 limit for a premium of $101,690; the primary business auto liability policy carries a $1,000,000 limit for a premium of $40,650; the 1st excess liability policy carries a $5,000,000 limit for a premium of $114,087.16; the 2nd excess liability policy carries a $5,000,000 limit for a premium of $78,626.26; and the 3rd excess liability policy carries a $5,000,000 limit for a premium of $56,279.53.
ATTACHMENTS: Resolution
FY 2026-27 General Liability and Commercial Auto Insurance Invoices
BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY
OF THE CITY OF PITTSBURG
In the Matter of:
Approving Fiscal Year 2026-2027 )
Island Energy General Liability and Auto ) RESOLUTION NO. 26- Insurance Policy Premium Payment )
WHEREAS, Pittsburg Power Company (PPC), a joint powers agency, provides utility retail electric and natural gas services on Mare Island, Vallejo, under the name of Island Energy; and
WHEREAS, PPC requires commercial liability and automobile insurance coverage to manage risks associated with Island Energy’s utility operations; and
WHEREAS, PPC seeks to maintain commercial liability and automobile insurance coverage for Island Energy during Fiscal Year 2026–27; and
WHEREAS, each year, Island Energy procures independent general liability and commercial auto insurance policies for the utility operation on Mare Island; and
WHEREAS, for FY 2026-2027, the total annual premium is $391,332.95 for a total of $16,000,000 aggregate coverage for Island Energy; and
WHEREAS, sufficient funding for the insurance premium is included in Island Energy’s adopted FY 2026–27 operating budget, incorporated into the FY 2026–27 City Budget adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby authorizes payment of the FY 2026-2027 General Liability and Commercial Auto Insurance premium; and
BE IT FURTHER RESOLVED that the Governing Board of the Pittsburg Power Company hereby authorizes the Executive Director to take such action necessary to process payment for the insurance premium in an amount not to exceed the adopted budget amount.
PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company of the City of Pittsburg at a regular meeting on the 17th day of August 2026, by the following votes:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________
Dionne Adams, Chair
ATTEST:
______________________________
Darin E. Gale, Executive Secretary