Agenda packet — Livermore City Council, September 12, 2022 (part 1 of 3)

CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 12, 2022
REGULAR HYBRID MEETING –
7:00 PM
SUMMER READING AWARDS - 6:30 PM

CLOSED SESSION WILL TAKE PLACE AT THE END OF THE REGULAR MEETING

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/88614232986
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 886 1423 2986
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
September 12, 2022

1 1.

CALL TO ORDER

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring September 18 - 24, 2022 as Pollution Prevention Week presented to Jennifer Peet, Acting Source Control Coordinator with the City of Livermore.

Recommendation:

Staff recommends City Council proclaim September 18 - 24, 2022 as Pollution Prevention Week.

Staff Report

Attachments:

1. Proclamation

2.2 Livermore Housing Authority annual update presented by Executive Director Sarah Ramler.

Recommendation:

Staff recommends City Council accept the Livermore Housing Authority annual update.

Staff Report

3. CITIZENS FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene before the meeting adjourns.

4. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker LIBRARY SUMMER READING AWARDS - 6:30 pm

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
September 12, 2022

2 card if in person or use the 'raise hand' feature if participating using Zoom.

4.1 Approval of draft minutes - July 11, 2022 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2022-07-11 Draft Minutes

4.2 Adoption of an Ordinance
revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to add/remove positions as appropriate.

Recommendation:

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter

1.28, Conflict of Interest Code, to add or remove positions to align with updates to the City’s salary schedule.

Staff Report

Attachments:

1. Redlined 2022 Conflict of Interest Code

2. Ordinance

3. Exhibit A - 2022 Conflict of Interest Code Final

4.3 Resolution authorizing acceptance for permanent maintenance and release of the security bonds and execution of a Notice of Completion for the Water Reclamation Plant Emergency Generator Project 2015-22.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Water Reclamation Plant Emergency Generator Project 2015-22.

The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Notice of Completion

4.4 Resolution authorizing the City Manager to execute a Second Amendment to the agreement with JR Structural Engineering, Inc. for downtown core project management services increasing the not-to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement.

Recommendation:

Staff recommends City Council adopt a resolution authorizing the City Manager to execute the

Livermore City Council Agenda
September 12, 2022

3 Second Amendment to the agreement with JR Structural Engineering, Inc. increasing the not- to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement to December 31, 2024, for downtown core project management services.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Second Amendment to Professional Services Agreement with JR Structural, Inc.

4.5 Resolution authorizing execution of an agreement with Black & Veatch Corporation to provide engineering design and construction support services for the Water Reclamation Plant (WRP) Ultraviolet (UV) Treatment System Replacement, Project 2021-28, in an amount not-to-exceed $951,816.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an engineering services agreement with Black & Veatch Corporation, to provide engineering design services and engineering support services during construction of the WRP UV Treatment System Replacement, Project 2021-28, in the not-to-exceed amount of $951,816.

Staff Report

Attachments:

1. Project Location

2. Resolution

3. Exhibit A - Agreement with Black & Veatch Corporation

4.6 Resolution authorizing execution of an agreement with 4 LEAF, Inc. to provide construction inspection services at the Water Reclamation Plant (WRP) in an amount not-to-exceed $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019-31".

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with 4 LEAF, Inc., to provide inspection services during construction at the Water Reclamation Plant, in the not-to-exceed amount of $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019- 31".

Staff Report

Attachments:

1. Site Plan with Scope Elements Highlighted

2. Resolution

3. Exhibit A - Agreement with 4 LEAF, Inc.

4.7 Resolution authorizing execution of an agreement with Raney Planning and Management, Inc., to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount

Livermore City Council Agenda
September 12, 2022

4 not-to-exceed $202,048.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Raney Planning and Management, Inc. to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount not-to-exceed $202,048.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

4.8 Resolution authorizing two Purchase and Sale Agreements with Trumark Homes, for the sale of conservation easements on City-owned properties in the Springtown area and Doolan Canyon, for approximately $4 million, and authorizing an agreement with WRA, Inc. for technical assistance and peer review of mitigation materials in an amount not-to-exceed $109,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to:

1 .

Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 200-acre conservation easement on City-owned property known as the Springtown Open Space Preserve and all related transaction documents, and non- substantive changes, including extensions.
2 .

Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 133-acre conservation easement and authorizing riparian restoration activities on City-owned property known as Doolan Canyon North, and all related transaction documents and non-substantive changes, including extensions. 3 .

Execute an agreement with WRA, Inc., for technical assistance and peer review of mitigation materials including conservation easements, mitigation and management plans, and endowment agreements in an amount not-to-exceed $109,000. 4 .

Establish a special fund dedicated to the City's infrastructure, which is in line with one of the City's strategic priorities (asset management), to hold the approximately $4 million proceeds from the sale of Conservation Easements.
5 .

Establish an endowment fund pursuant to the terms of the Agreements for the long term management, monitoring, and maintenance of the Conservation Easements.

Staff Report

Attachments:

1. Springtown Property and Mitigation Boundary Map

2. Doolan Property and
Mitigation Boundary Map

3. Trumark Homes Residential Project Site

4. Resolution

5. Exhibit A - Springtown Purchase and Sale Agreement

Livermore City Council Agenda
September 12, 2022

5 6.

Exhibit B - Doolan Canyon Purchase and Sale Agreement

7. Exhibit C - Professional Services Agreement

4.9 Resolution authorizing execution of a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers in the downtown.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers that will serve thirty-two parking spaces on the City of Livermore's L Street Garage property at no cost to the City.

Staff Report

Attachments:

1. EBCE Location Map

2. Resolution

3. Exhibit A - Charging Station License Agreement

4.10 Resolution approving revised appropriations in FY 2022-23, to fourteen projects in the 2021- 23 Capital Improvement Plan.

Recommendation:

Staff recommends the City Council adopt a resolution approving revised appropriations in FY 2022-23, to various projects in the 2021-23 Capital Improvement Plan.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - CIP Budget Appropriation Requests

4.11 Resolution authorizing the City Manager to execute, on behalf of Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA), a Purchase Order with Bauer Compressors, Inc. for 125 Self-Contained Breathing Apparatus (SCBA) and related equipment in an amount not-to-exceed $1,430,563.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute, on behalf of LPFD, and in her capacity as the Executive Director for LPFD, a Purchase Order with Bauer Compressors, Inc. for the replacement of 125 Self-Contained Breathing Apparatus (SCBA) in an amount not-to-exceed $1,430,563.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Bauer SCBA Pricing Quote

3. Exhibit B - MSA HGAC Cooperative Contract No. EE08-19

Livermore City Council Agenda
September 12, 2022

6 4. Exhibit C - Bauer Compressor- HGAC Contract Extension Contract No. EE08-19

4.12 Resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000 for the period of July 1, 2022, to June 30, 2023.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement with CityServe of the Tri-Valley

4.13 Resolution authorizing execution of a standard agreement with the State of California to receive $581,440 from the
Family Homelessness Challenge Grant, appropriating the grant funds for award to the Livermore Housing Authority to support unhoused families, and authorizing the City Manager to negotiate a subrecipient agreement between the City and the Livermore Housing Authority for the grant funds.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to execute the Standard Agreement between the City of Livermore and the State of California to secure the Family Homelessness Challenge Grant;
2 .

Appropriating up to $581,440 in Family Homelessness Challenge Grant funds to the Livermore Housing Authority for a grant to implement the Project; and 3 .

Authorizing the City Manager, or her designee, to negotiate, develop, and execute all documents related to the issuance of Family Homelessness Challenge Grant funds, including a subrecipient agreement with the Livermore Housing Authority, and authorizing the City Manager to take the actions necessary to carry out the purpose and intent of this resolution.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

4.14 Resolution authorizing execution of an agreement with Meeder Public Funds, Inc. for investment management services in an amount not-to-exceed $330,000.

Recommendation:

Staff recommends that the City Council authorize the City Manager to execute a five-year agreement with Meeder Public Funds, Inc. (Meeder) for investment management services in an amount not-to-exceed $330,000.

Livermore City Council Agenda
September 12, 2022

7 Staff Report

Attachments:

1. Resolution

2. Exhibit A - Meeder Public Funds, Inc Agreement

4.15 Resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

Recommendation:

Staff recommends City Council adopt a resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

Staff Report

Attachments:

1. Resolution

5. PUBLIC HEARINGS - NONE.

6. MATTERS FOR CONSIDERATION

6.1 Discussion and direction regarding Comprehensive General Plan Update – Draft Land Use Alternatives

Recommendation:

Staff recommends the City Council review the Draft Land Use Alternatives for each of the specific focus areas, receive a presentation from staff, affirm that the draft land use alternatives represent an adequate range and mix of land use types, and direct staff to evaluate the alternatives for the General Plan Update.

Staff Report

Attachments:

1. Citywide Focus Area Map

2. General Plan Draft Land Use Alternative

3. Land Use Place Types Menu

4. Planning Commission and GPAC Feedback Summary

6.2 Resolution approving, authorizing, and directing a lease financing of the L Street parking garage (Livermore Village parking garage) and related improvements, the sale of Certificates of Participation, the distribution of a preliminary and final official statement, and granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to approve the related documents and actions.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Approving the forms of and authorizing the execution and delivery of a Site Lease,

Livermore City Council Agenda
September 12, 2022

8 Lease Agreement, Trust Agreement, and a Continuing Disclosure Agreement in connection with the offering and sale of the City of Livermore 2022 Certificates of Participation for the L Street parking garage project (Livermore Village Development) and authorizing the distribution of a Preliminary Official Statement and a Notice of Sale in connection therewith, and authorizing execution of necessary documents, certificates, and certain other related actions; and
2 .

Granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of the resolution.

Staff Report

Attachments:

1. Sources and Uses Table

2. Resolution

3. Exhibit A - Government Code Section 5852 disclosure

4. Exhibit B - Property Lease

5. Exhibit C - Lease Agreement

6. Exhibit D - Trust Agreement

7. Exhibit E - Preliminary Official Statement

8. Exhibit F - Notice of Sale

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

8. CLOSED SESSION

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session

8.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)

1. Save the Hill Group v. City of Livermore, et al., Alameda County Superior Court Case No.

RG19020186, First Appellate District Case No. A161573; and

8.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)

1. Conner v. Livermore, et al., Alameda County Superior Court Case No. RG19014344

9. ADJOURNMENT

To a Regular City Council meeting on Monday, September 26, 2022 at 7:00 pm, Civic Center

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
September 12, 2022

9 Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials.pdf

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

Citizens Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops -
The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Livermore City Council Agenda
September 12, 2022

10 Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29:
tv29live.org
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar: https://us02web.zoom.us/j/88614232986
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 886 1423 2986

If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://cityoflivermore.net/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://cityoflivermore.net/agenda
.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN Livermore City Council Agenda
September 12, 2022

11 THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
September 12, 2022

12 CITY COUNCIL STAFF REPORT
ITEM NO. 2.1

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation declaring September 18 - 24, 2022 as Pollution Prevention Week presented to Jennifer Peet, Acting Source Control Coordinator with the City of Livermore.

RECOMMENDED ACTION

Staff recommends City Council proclaim September 18 - 24, 2022 as Pollution Prevention Week.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Natalie Croak
Water Resources Communications
Representative

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 14

CITY COUNCIL STAFF REPORT
ITEM NO. 2.2

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Livermore Housing Authority annual update presented by Executive Director Sarah Ramler.

RECOMMENDED ACTION

Staff recommends City Council accept the Livermore Housing Authority annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Debbie Elam
Deputy City Clerk

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - July 11, 2022 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-07-11 Draft Minutes

Prepared by: Marie Weber
City Clerk

MEETING MINUTES
CI

TY COUNCIL
JULY 11, 2022
________________________________________________________________

1. C

LOSED SESSION - NONE
RE

GULAR MEETING
2 . CALL TO O RDER – T he meeting of th e City Council was called to or der by Mayor Bob Woerner a t 7:00 p m, held via teleconference using Zoom and YouTube.

R
OLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro.

PLE

DGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Update on Drought, Water Conservation and New State Restrictions R
ecommendation: Staff recommend ed the City Council receive an update on the current drought situation, the City's response and new State watering restrictions.

W
ater Resources Division Manager Anthony Smith presented the update.

T
he City Council received the update.
4 . CITIZENS FORUM
M
ayor Woerner opened the public comment period.

John Fr
eeman, California Water Services provided comment.

R
ob Seeley, California Water Services provided comment.

T
here were no more speakers and the public comment period was closed. 5 . C ONSENT CALENDAR
M
ayor Woerner opened the public comment period.

T
here were no speakers and the public comment period was closed.

ATTACHMENT 1
17 CM/75/2 Minutes JULY 11, 2022

ON THE MOTION OF VM BONANNO, SECONDED BY CM M UNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - June 13, 2022 Regular Meeting.

Recommendation: Staff recommend ed the City Council approve the draft minutes.

5.2 Resolution 2022-116 authorizing execution of an agreement with Bartel Associates, LLC for required actuarial consulting services in an amount not -to- exceed $107,000.

Recommendation: Staff rec ommended that City Council authorize the City Manager to execute a five- year agreement wi th Bartel Associates, LLC (Bartel) for required actuarial services in an amount not-to-exceed $107,000.

5.3 Resolution 2022-117 extending Downtown Design Review 18- 006 to December 31, 2022 and awarding and authorizing execution of an agreement with WestCa l Design and Build, Inc. for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Extending Downtown Design Review 18- 006 for the Livermore Village Parking Garage Construction Project 586003 to December 31, 2022, due to the 2018 Referendum and COVID -19 pandemic in accordance with Livermore Development Code Section 9.12.070; and

2. Awarding a construction contract with WestCal Design and Build, Inc. and authorizing the City Manager to sign on behalf of the City of Livermore, an agreement for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000;

5.4 Resolution 2022-118 authorizing the budgeted expenditure of $179,190 for local cable programming services by Tri -Valley Community Television for Fiscal Year 2022-23.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing the budgeted General Fund expenditure of $179,190 for Tri -Valley Community Television operating funds for Fiscal Year 2022-23.

5.5 Resolution 2022-119 approving the City of Livermore’s Title VI Program and Implementation Plan and authorizing staff to amend the Plan annually to comply with federal anti-discrimination regulations pursuant to Title VI of the Civil Rights Act of 1964.

ATTACHMENT 1
18 JULY 11, 2022 Minutes CM/75/3

Recommendation: Staff recommend ed the City Council adopt a resolution approving the City of Livermore’s Title VI Program and Implementation Plan (Plan) and authorizing staff to amend the Plan annually to comply with federal regulations.

5.6 Resolution 2022-120 accepting the Single Audit Report of feder al funding provided to the City for the Fiscal Year Ended June 30, 2021.

Recommendation: Staff recommend ed the City Council adopt a resolution accepting the Single Audit Report of federal funding provided to the City for Fiscal Year 2020-21.

5.7 Resolution 2022-121 of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

Recommendation: Staff recommends City Council adopt a resolution of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance wit h Assembly Bill 361.

6. PUBLIC HEARINGS

6.1 Hearing t o receive and consider protests related to delinquent service fees to Livermore Sanitation for solid waste, recycling, and organics handling services and adopting a resolution confirming assessments for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council hold a Public Hearing to:

1. Consider protests related to the non- payment of solid waste, recycling, and organics

services;

2. Adopt a resolution overruling protests and confirm the 2022 assessments if applicable; and

3. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Recycling Specialist Marisa Gan presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING , SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTION:

ATTACHMENT 1
19 CM/75/4 Minutes JULY 11, 2022

Resolution 2022-122 considering and overruling objections and protests related to delinquent service fees to Livermore Sanitation and confirming assessment s for collection on the County assessor tax roll.

6.2 Hearing to receive and consider protests related to the non -payment of sewer service provided by the City of Livermore as of June 30, 2022 and adopting a resolution confirming assessments for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council consider protests, adopt a resolution overruling protests, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

Accounting Supervisor Ann Furtado presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM BONANNO, SECONDED BY CM MUN RO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTION:

Resolution 2022-123 considering and overruling protests to place delinquent sewer accounts on the property tax roll.

6.3 Hearing to certify Draft Supplemental Environmental Impact Report for the South Livermore Valley Specific Plan and authorizing the South Livermore Urban Growth Boundary initiative to be placed on the November 8, 2022, ballot enabling the South Livermore Sewer Extension Project.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution certifying the Supplemental Environmental Impact Report;

2. Adopt a resolution approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative; and

3. Direct staff to conduct all necessary actions to prepare materials for the November 8, 2022, ballot.

Senior Planner Andy Ross presented the staff report.

Mayor Woerner opened the public hearing.

Mike Fredrich, Friends of Livermore provided comment.

Tracy Farhad, Visit Tri-Valley provided comment.

David Epstein, Tri-Valley Conservancy provided comment.

ATTACHMENT 1
20 JULY 11, 2022 Minutes CM/75/5

Dawn Argula, Livermore Valley Chamber of Commerce provided comment.

Lori Souza, Tri-Valley Conservancy provided comment.

Jean King provided comment.

Brandi Addington, Livermore Valley Win egrowers Association provided comment.

Tamara Reus, Friends of Open Space and Vineyards provided comment.

John Marchand provided comment.

Tim Johnston provided comment.

Dick Schneider provided comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF V M MUNRO, SECONDED BY M AYOR WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTIONS:

Resolution 2022-124 certifying the F inal S upplemental Environmental Impact Report for the South Livermore Sewer Expansion Project and initiative to amend the South Livermore Urban Growth Boundary, adopting California Env ironmental Quality Act findings and a Mitigation Monitoring and Reporting Program.

Resolution 2022-125 approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative and directing staff to place it on the ballot for the November 8, 2022, election to enable the South Livermore Sewer Extension Project.

7. MATTERS FOR CONSIDERATION

7.1 Approval of the City Council 2023 Meeting Calendar.

Recommendation: Staff recommend ed the City Council approve the 2023 Meeting Calendar.

City Clerk Marie Weber presented the staff report.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM CARLING, SECONDED BY MAYOR WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATION.

ATTACHMENT 1
21 CM/75/6 Minutes JULY 11, 2022

7.2 Designation of voting delegate and alternates for the 2022 League of California Cities Annual Business Meeting.

Recommendation: Staff recommend ed the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2022 League of California Cities Annual Business Meeting.

City Clerk Marie Weber presented the staff report.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED CM MUNRO AS

THE VOTING DELEGATE AND CM CARLING AS THE ALTERNATE FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPP LEMENTAL PACKET ARE INCLUDED BELOW.

I-Street Garage Ribbon Cutting CM Carling noted his attendance at the event on July 7, 2022.

Farmers Market CM Carling noted his attendance at the event on July 7, 2022.

Innovation Tri-Valley CM Carling noted his attendance at the meeting on July 8, 2022.

9. ADJOURNMENT – at 8:19 pm in memory of John Ambrosin o t o a Regular City Council meeting on Monday, July 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers , 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATT
EST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
22 CITY COUNCIL STAFF REPORT
ITEM NO. 4.2

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Adoption of an Ordinance
revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to add/remove positions as appropriate.

RECOMMENDED ACTION

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter 1.28, Conflict
of Interest Code, to add or remove positions to align with updates to the City’s salary schedule.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Redlined 2022 Conflict of Interest Code

2. Ordinance

3. Exhibit A - 2022 Conflict of Interest Code Final

Prepared by: Marie Weber
City Clerk

Page 1 ends

Chapter 1.28

CONFLICT OF INTEREST CODE
Sections:

1.28.010 Purpose.

1.28.015 Amendment and review.

1.28.020 Definitions incorporated.

1.28.030 Place of filing.

1.28.040 Filing officer.

1.28.050 Late filings and failure to file statements.

1.28.060 Designated positions.

1.28.070 Disclosure categories.

1.28.010 Purpose.

A. The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the “Act”) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency’s conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the city of Livermore.

Noth
ing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the city of Livermore (the “city”) and directs that no public official of the city shall make, participate in the making, or in any way attempt to use their official position to influence a city decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.

C. This chapter intends to designate those public officials of the city who are involved in city decisions, and to require such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a city decision made by the official in the performance of the official’s responsibilities. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.015 Amendment and review.

The city clerk will review the city’s conflict of interest code on an annual basis and if changes are required will submit a revised code for council approval or if no changes are necessary so notify the city council by the applicable deadline specified in the Act. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.020 Definitions incorporated.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.030 Place of filing.

All officials and designated employees required to submit a statement of economic interests shall file their statements with the city’s filing officer. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.040 Filing officer.

The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal. Gov. Code Section 81008.) (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012) ATTACHMENT 1
24 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 2 ends

1.28.050 Late filings and fa ilure to file statements.

Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.

The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.060 Designated positions.

The persons listed in Appendix A of this chapter are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)

1.28.070 Disclosure categories.

A. This code does not establish any disclosure obligations for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of the city is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee’s disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

B. The mayor, members of the city council and planning commission, the city manager, the city attorney, and all other city officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the city’s code but are subject to the disclosure requirements of the Act. (Cal.

Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs. Section 18730(b)(3).] C. Employees/Consultants.

Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority, may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.

1. Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee is a director, officer, partner, trustee, employee or holds any management position.

2. Disclosure Category 2. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a management position if the business entity engages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.

3. Disclosure Category 3. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; and business entities in which the employee holds a management position if the business entity is of the type which contracts with the city of Livermore to provide services, supplies, materials, machinery or equipment.

4. Disclosure Category 4. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments and business entities in which the designated ATTACHMENT 1
25 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 3 ends

employee holds a management position if the business entity is of the type which contracts with the designated employee’s department.

5. 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, city council members, city manager, city attorney, and planning commissioners.

D. Advisory Bodies.

1. Airport Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management if the source of the income or business entity:
a. Is of the type that contracts with the city of Livermore to provide services, supplies, materials, machinery or equipment to the Livermore Airport; and/or b. Is an airline or manufactures, distributes, sells or markets aircraft or products used in aviation.

Members of this commission shall disclose interests in real property located within two miles of the Livermore Airport.

2. Beautification Committee. Members of the beautification committee shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the city of Livermore to provide services, supplies, plants, trees, materials, equipment, or other outdoor fixtures or amenities or services, for landscape maintenance, construction or reconstruction; and/or
b. Engages in land development, construction, landscape design or architecture in connection with the construction, reconstruction or maintenance of property.

Members of the beautification committee shall also disclose interests in real property inside the city.

3. Climate Action Plan Advisory Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts to provide data, services, supplies, technology, materials, equipment, or other services, related to energy efficiency, recycling, sustainability, or climate change services.

4. Commission for the Arts. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development; residential construction; the provision of architectural, engineering, or other services in connection with residential construction; the acquisition or sale of residential real property; or financing of land acquisition, development or residential construction.

Members of the commission for the arts shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

5. Community Asset Management Program. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments, and business entities in which they have an investment or in which ATTACHMENT 1
26 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 4 ends

they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the city of Livermore to provide services, supplies, materials, equipment, or other services, related to City infrastructure, construction or reconstruction. b. Engages in the development, construction, design or architecture in connection with the construction, reconstruction or maintenance of City assets.
c. Is of the type that contracts with the City of Livermore to provide any other goods or services for the operation and maintenance of City assets.

6. Historic Preservation Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development or provides contracting, landscape architecture, financial, or other services in connection with construction or reconstruction of property.

Members of the historic preservation commission shall disclose interests in real property located within or not more than two miles outside the boundaries of Livermore.

7. Housing Authority. Members of the Livermore housing authority shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the city of Livermore to provide, or otherwise provides, housing services, subsidized housing, transitional housing, or affordable housing services; b. Has applied for, plans to apply for, is receiving or within the previous two years has received funds under the Section 8 Voucher Program; and/or
c. Is of the type that contracts with the city of Livermore or the Livermore housing authority to provide any other goods or services for the operation and maintenance of the authority and its functions.

Members of the Livermore housing authority shall also disclose interests in real property inside the city.

8. Human Services Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Has applied for, plans to apply for, is receiving or within the previous two years has received funds through the city of Livermore to provide services for meeting human needs; and/or b. Provides underwriting, legal, or financial services in connection with the issuance of mortgage revenue or other housing bonds.

Members of the human services commission shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

9. Library Board of Trustees. Members of this board shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:

ATTACHMENT 1
27 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 5 ends

a. Manufactures, repairs, distributes, sells, leases, or otherwise markets library materials and equipment including but not limited to books, periodicals, art slides or prints, records, or cataloguing equipment or systems; and/or
b. Is of the type that contracts with the city of Livermore to provide any other goods or services to the library.

Members of the library board of trustees shall disclose interests in real property within one-half mile of any public library in Livermore. (Ord. 2016 § 1(D), 2015; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
Appendix A

City of Livermore Conflict of Interest Code List of Designated Positions

POSITION

DISCLOSURE

CATEGORY

ADMINISTRATIVE SERVICES DEPARTMENT
Administrative Services Director/Treasurer
(Resolution 2009-205)
1 Assistant Administrative Services Director 1
City Clerk Division
City Clerk 1
Assistant City Clerk 1
Deputy City Clerk 1
Cyber Security Division
Cyber Security Manager 3
Finance Division
Purchasing Specialist 3
Financial Services Manager 3
Accounting Supervisor 3
Human Resources Division
Human Resources Manager (Confidential)

Human Resources Analyst Senior
(Confidential)
1 1
Human Resources Analyst I I (Confidential) 1
Human Resources Analyst I (Confidential) 1
Information Technology Division
Information Technology Manager 3
Systems Administrator 3
Geographic Information Services Specialist 3
Senior Information Technology Technician 3
CITY ATTORNEY’S OFFICE

EXHIBIT A
39 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 6 ends

POSITION

DISCLOSURE

CATEGORY
Senior Assistant City Attorney (Confidential) 1
Assistant City Attorney 1
Deputy City Attorney 1
Risk Manager 1
Management Analyst (Confidential) 1
CITY MANAGER’S OFFICE
Assistant City Manager 1
Assistant to the City Manager (Confidential) 1
Deputy City Manager (Confidential) 1

COMMUNITY DEVELOPMENT DEPARTMENT
Administration Division
Community Development Director 1
Assistant Community Development Director 1
Housing and Human Services Division
Housing and Human Services Manager 4
Housing Programs Manager 4
Human Services Program Manager 4
Building Division
Building Official 1
Senior Building Inspector 2
Building Inspector I 2
Building Inspector II 2
Building Inspector III 2
Plan Check Engineer 2
Permit Center Manager 2
Inspection and Neighborhood Preservation
Manager
2 Neighborhood Preservation Officer 2
Engineering Division
City Engineer 1
Assistant City Engineer 2
Assistant Engineer 2
Junior Engineer 2
Engineering Specialist 2
Civil Engineer (Junior, Assistant, Associate,
& Senior)
2 EXHIBIT A
40 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 7 ends

POSITION

DISCLOSURE

CATEGORY
Engineering Technician (Senior, Associate, &
Assistant)
2 Construction Inspection Manager 2
Transportation Engineer (Senior & Associate) 2
Planning Division
Planning Manager 1
Planner (Assistant, Associate, Senior, &
Principal)
2 INNOVATION AND ECONOMIC

DEVELOPMENT DEPARTMENT

Innovation and Economic Development
Director
1 Economic Development Manager 2
Economic Development Specialist 4

LIBRARY SERVICES DEPARTMENT
Director of Library Services 4
Assistant Library Director 4
Supervising Librarian 4

POLICE DEPARTMENT
Police Chief 3
Police Captain 4
Police Lieutenant 4
Information Technology Coordinator 4
Police Facility and Equipment Manager 4
Police Business Services Manager 4
Police Support Services 4
Police Media & Community Relations
Analyst
4 Horizons
Youth and Family Services Manager –
Clinical
4 Youth and Family Services Manager -
Programs
4 PUBLIC WORKS DEPARTMENT
Administration Division
Public Works Director 1
Assistant Public Works Director 1
Public Works Manager 2, 4
Public Works Supervisor 4

EXHIBIT A
41 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 8 ends

POSITION

DISCLOSURE

CATEGORY
Airport Division
Airport Manager 2, 4
Maintenance Division
Maintenance and Golf Operations Manager 2, 4
Water and Water Resources Division
Water Distribution Operations Manager 4
Water Resources Communications
Representative
4 Water Resources Coordinator 4
Water Resources Division Manager 2, 4
Water Resources Operations Manager 4
Water Resources Source Control Inspector 4

GENERAL CATEGORIES
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned.

Special Projects Coordinator Depending on
assignment

1. Work of the type and/or nature that could or would be done by a designated employee identified in the city of Livermore conflict of

EXHIBIT A
42 Livermore Municipal Code
Chapter 1.28 CONFLICT OF INTEREST CODE

Page 9 ends

POSITION

DISCLOSURE

CATEGORY
interest code. The city manager, or his or her designee, may find that a person need not fully comply with the disclosure requirements upon a written determination that the work and duties contracted are limited in scope and full compliance is unnecessary. The written determination shall identify what level of disclosure, if any, is required.

EXHIBIT A
43 CITY COUNCIL STAFF REPORT
ITEM NO. 4.3

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing acceptance for permanent maintenance and release of the security bonds and execution of a Notice of Completion for the Water Reclamation Plant Emergency Generator Project 2015-22.

RECOMMENDED ACTION

The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.

SUMMARY
On October 28, 2019, the City Council awarded the contract for construction of the Water Reclamation Plant (WRP) Emergency Generator Project 2015-22 to Myers & Sons Construction, LLC. The contract is now substantially complete and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The WRP Emergency Generator Project 2015-22 consisted of installing a new permanent emergency generator, automatic transfer switch, associated electrical modifications, and lighting and drainage site improvements. The permanent emergency generator will provide a backup source of power to allow operations of the Water Reclamation Plant (WRP) in the event of a utility power outage. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

At the time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released 44 upon the settlement of all claims and obligations for which the security was given (there are no known claims at this time). The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $2,161,000 plus a 10 percent contingency. The final project amount was $2,247,027, which is approximately 4% percent above the original contract based on final bid item quantities and 5 change orders. The total value of change orders was $86,027 which consisted primarily of adjustments to wire sizes, conduit routes, and electrical enclosures due to unforeseen conditions. The final bid quantities were equal to anticipated amounts.

Ongoing costs for this project are estimated at $40,000 per year, including operation and maintenance costs associated with testing and repair. Wastewater customer user fees will cover these additional ongoing costs.

ATTACHMENTS

1. Resolution

2. Exhibit A - Notice of Completion

Prepared by: Mike Stamm
Construction Inspection Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE

AND RELEASE OF SECURITY BONDS
(WRP Emergency Generator, Project 2015-22)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Water Reclamation Plant Emergency Generator, Project 2015- 22 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The faithful performance bond guaranteeing the Project is hereby released;

2. The labor and materials bond guaranteeing the Project shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given;

3. The security for the guarantee and warranty of work shall remain in effect for one year from the date of this resolution. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period;

4. The City hereby accepts the improvements; and

5. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
46 EXHIBIT A
47 CITY COUNCIL STAFF REPORT
ITEM NO. 4.4

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute a Second Amendment to the agreement with JR Structural Engineering, Inc. for downtown core project management services increasing the not-to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement.

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the agreement with JR Structural Engineering, Inc. increasing the not-to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement to December 31, 2024, for downtown core project management services.

SUMMARY
The Second Amendment authorizes JR Structural Engineering, Inc. to provide project management services for upcoming downtown core projects including Flag Pole Plaza and Downtown Streetscape Improvements, Project 2022-25, and Livermore Village L Street Garage, Project 586003. In addition, it includes project management close-out services for Livermorium Park-Plaza at Mills Square, Project 2014-36. The second amendment increases compensation by $225,000 to a total not-to-exceed amount of $910,000 and extends the term of the agreement to December 31, 2024.

DISCUSSION
On July 16, 2018, the City of Livermore entered into a Professional Services Agreement in the amount of $600,000 with JR Structural Engineering, Inc. to provide project management services for various downtown core development and capital improvement projects. As part of this agreement JR Structural was the primary project manager for Livermorium Park-Plaza at Mills Square, Project 2014-36. JR Structural has also provided project management support for other downtown core projects including Stockmen's Park, the Cultural Facilities, and the Hotel. Project Management services for Veterans Park were added to the agreement as part of an $85,000 First Amendment that was authorized on July 26, 2021.

48 This Second Amendment covers project management services for Flag Pole Plaza and Downtown Streetscape Improvement, Project 2022-25. The project involves streetscape improvements to the Flag Pole Plaza at the southwest corner of First Street and Livermore Avenue and six other downtown streetscape corners. Improvements include hardscape, accessibility, landscaping, and related improvements. These improvements will accommodate expanded outdoor dining, upgrade accessibility, and provide design consistency in the downtown core. Project management activities include attending design meetings, overseeing the preparation of plans and specifications, coordination with Planning, obtaining permits, bidding and awarding the project, and providing construction administration support.

The Second Amendment also covers project management support for the L Street Garage and close-out project management activities for Livermorium Plaza.

The Second Amendment extends the term of the agreement by one-and-a-half years to December 31, 2024. Extra time is required to accommodate the new scope of services for the Flag Pole Plaza project.

FISCAL AND ADMINISTRATIVE IMPACTS

The Second Amendment increases compensation by $225,000 to a total not-to-exceed amount of $910,000. Funding for this amendment is covered in the approved budgets for the following projects in the FY 2021-23 Capital Improvement Program: Livermorium Park-Plaza at Mills Square Project 2014-36, Flag Pole Plaza and Downtown Streetscape Improvements Project 2022-25, and Livermore Village L Street Garage Project 586003.

ATTACHMENTS

1. Resolution

2. Exhibit A - Second Amendment to Professional Services Agreement with JR Structural, Inc.

Prepared by: Joel Waxdeck
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
49 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JR STRUCTURAL ENGINEERING, INC. INCREASING THE NOT-TO- EXCEED CONTRACT AMOUNT FROM $685,000 TO $910,000 AND

EXTENDING THE TERM OF THE AGREEMENT
(DOWNTOWN CORE PROJECT MANAGEMENT SERVICES)
On July 16, 2018, the City of Livermore entered into a Professional Services Agreement in the amount of $600,000 with JR Structural Engineering, Inc. to provide project management services for various downtown core development and capital improvement projects. As part of this agreement, JR Structural was the primary project manager for Livermorium Park-Plaza at Mills square, Project 2014-36. JR Structural has also provided project management support for other downtown core projects, including Stockmen's Park, the Cultural Facilities, and the Hotel.

Project Management services for Veterans Park were added to the agreement as part of the $85,000 First Amendment that was authorized on July 26, 2021.

City and Consultant now desire to amend the Original Agreement and the First Amendment, to provide additional project management services for downtown core projects including Flagpole Plaza, Livermorium Park-Plaza, and the L Street Garage. City and Consultant also desire to extend the term of the agreement to December 31, 2024.

This is the Second Amendment to the Original Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore:

1. Authorizes the City Manager to execute a Second Amendment to the Professional Services Agreement with JR Structural Engineering, Inc., attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $685,00 to $910,000 and extending the term of the agreement to December 31, 2024, for downtown core project management services.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:
50 RESOLUTION NO.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Second Amendment to Professional Services Agreement with JR Structural, Inc. 51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 CITY COUNCIL STAFF REPORT
ITEM NO. 4.5

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Black & Veatch Corporation to provide engineering design and construction support services for the Water Reclamation Plant (WRP) Ultraviolet (UV) Treatment System Replacement, Project 2021-28, in an amount not-to-exceed $951,816.

RECOMMENDED ACTION

SUMMARY
The City of Livermore’s (City) Water Reclamation Plant (WRP) ultraviolet (UV) disinfection system requires replacement to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance requirements. Black & Veatch Corporation was ranked as the most qualified consultant to provide the engineering design and construction support for the WRP UV Treatment System Replacement Project 2021-28 (Project). The total design and construction support cost is $951,816. Contract services include providing an alternative analysis, preliminary basis of design evaluation, construction drawings, specifications, cost estimates, schedules, bid assistance, permitting assistance, and engineering support during construction.

DISCUSSION
The Water Reclamation Plant produces an average of two million gallons per day of recycled water from wastewater for irrigation, fire suppression, toilet flushing, construction, and industrial operations. This water recycling allows the City to reduce annual potable water use by over 25 percent. The WRP has been using the current UV disinfection system for two decades as the primary means to disinfect recycled water. The location of the UV disinfection system within the WRP is shown on Attachment 1.

The 2012 WRP Master Plan and the 2016 WRP Recycled Water System Asset Management Plan 58 identify the existing UV disinfection system as aging infrastructure within the WRP. The current system has become outdated and does not fully function as originally intended. This includes a failure of the automated lamp cleaning system, a limited supply of spare parts, and an outdated control system. The Project will replace the existing UV lamp modules and associated electrical, instrumentation, and control components. Replacing aged equipment will increase the efficiency and reliability of WRP operations by utilizing the latest available technologies to lower both energy consumption and ongoing maintenance costs. Structural rehabilitation will extend the useful life of related structures. The new system is anticipated to be fully operational in early 2025 with minimal impacts on existing operations.

In August 2019, staff sent out a request for qualifications for consultants to perform professional engineering services for water, wastewater, and storm water projects associated with the City’s Capital Improvement Plan. The purpose of this process was to receive statements of qualifications from multiple consultants, and based on review of these qualifications, establish a short list of consultants who would be eligible for award of engineering design agreements for future water, wastewater, and storm water projects. Based on review of the proposals a selection committee, comprised of staff from the Engineering and Water Resources divisions, established the following short list of consultants:

Black and Veatch Corporation, Walnut Creek, CA
Carollo Engineers, Inc., Walnut Creek, CA
Cannon, San Luis Obispo, CA
HDR Engineering, Inc., Walnut Creek, CA
HydroScience Engineers, Inc., Berkeley, CA
LEE & RO, Inc., Walnut Creek, CA
MacKay & Somps, Pleasanton, CA
Schaaf & Wheeler Consulting Civil Engineers, San Francisco, CA

In May 2022, two short-listed firms, Carollo Engineers, Inc. and Black & Veatch Corporation, submitted proposals to perform engineering services for the Project. Staff from the Water Resources and Engineering Divisions reviewed these two proposals and determined that Black & Veatch Corporation is the most qualified consultant. This agreement will provide design and construction phase engineering support services.

The agreement with Black & Veatch Corporation is in the amount of $951,816 and includes the following major tasks:

Preliminary Design – This task entails performing a historical data review, evaluating technology alternatives, determining existing infrastructure modifications, preparing a basis of design report, identifying potential equipment vendors, and confirming a procurement strategy to expedite implementation.

Detailed Design – This task entails performing the required design services to support the project including preparing construction contract documents, cost estimates, schedules, coordination with selected vendors, permitting and regulatory collaboration, and providing bid assistance.

Title 22 Engineering Report – This task involves presenting a compliance strategy to the Regional Water Quality Control Board and the State Water Resources Control Board, preparation of the Engineering Report for submittal to these regulatory agencies and facilitating approval of the submittal.

Support during Construction, Testing, Startup, & Commissioning – This task entails providing engineering services during construction, including processing construction documentation (e.g., 59 submittals, requests for information, etc.), engaging operation and maintenance experts in testing, commissioning and optimization, and providing onsite support for startup and commissioning.

The $951,816 agreement is approximately 18% of the $5,422,000 estimated construction cost. This is within the typical 15% to 20% range for treatment plant projects.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for this agreement is included in the budget for the WRP UV Treatment System Replacement, Project 2021-28 in the FY 2021-23 Capital Improvement Plan. The Project is 75 percent funded with Fund 239 Sewer Replacement Fees and 25 percent funded with Fund 241 Sewer Connection Fees. Staff does not anticipate administrative impacts related to approval of this agreement.

ATTACHMENTS

1. Project Location

2. Resolution

3. Exhibit A - Agreement with Black & Veatch Corporation

Prepared by: Rick Teczon
Senior Civil Engineer

VICINITY MAP SITE PLAN
ATTACHMENT 1
61 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES

AGREEMENT WITH BLACK & VEATCH CORPORATION IN AN AMOUNT NOT-TO- EXCEED $951,816 TO PROVIDE ENGINEERING DESIGN AND SUPPORT SERVICES (WRP UV Treatment System Replacement Project 2021-28)
The City of Livermore’s Water Reclamation Plant (WRP) ultraviolet (UV) disinfection system requires replacement to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance requirements. The City of Livermore received proposals for engineering services for the Water Reclamation Plant Ultraviolet Treatment System Replacement Project 2021-28. Black & Veatch was identified as the most qualified consultant to provide engineering design services and engineering support services during construction.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore:

1. Authorizes the City Manager to execute an engineering services agreement with Black & Veatch Corporation, attached hereto as Exhibit A, in an amount not-to- exceed $951,816 to provide engineering design services and engineering support services during construction of the WRP UV Treatment System Replacement Project 2021-28;

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with Black & Veatch Corporation
62 Engineering Services Page 1 of 8
Rev. 1/2019

ENGINEERING SERVICES AGREEMENT
T
HIS AGREEMENT is made and entered into this ____ day of ________, 20 22, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Black & Veatch Corporation, a Delaware corporation licensed and registered to do business in California (“Consultant”).

RE
CITALS
C
ity requires eng ineering services to provide engineering design and construction support for the Water Reclamation Plant U ltraviolet Disinfection System Replacement Project.

C
onsultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

REEMENT
NO
W, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant . City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors . The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City office rs or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation i nsurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shal l provide e ngineering services to provide engineering design and construction support in conjunction with the Water Reclamation Plant Ultraviolet Disinfection System Replacement Project No. 2021- 28 (“Project”), as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Consultant Responsibilities. Consultant shall:
(a
) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.
(b
) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; 2022-339 TMM/JKS
EXHIBIT A 63
Engineering Services Page 2 of 8
Rev. 1/2019
requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) P
rovide the resources necessary to complete the Services in a timely manner;
(e) O
btain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) O
btain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(g) Co
mply with all laws in effect that are related to Consultant and the Services;
(h) C
oordinate the Services with Yanming Zhang, Water Resources Technical Programs Manager (“Project Manager”), or such other person designated as the Project Manager by City;
(i) B
e available to the Project Manager, and other parties referred to Consultant by the Project Manager, t o answer questions or inquiries related to the Services;
(j) O
nly invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a month; (k) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Co nsultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records, and allow City an opportunity to take possession. If City wants them , Consultant and City shall coordinate their delivery to City in the most efficient manner possible; (l) Prepar
e and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
2022-339 TMM/JKS
EXHIBIT A 64
Engineering Services Page 3 of 8
Rev. 1/2019
( m) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n
) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Probable Construction Cost Estimate . The design developed, prepared, and delivered by Consultant in accordance with this Agreement is for the development and construction of the Project, the construction of which shall be awarded through competitive bidding. City shall be entitled to rely upo n Contractor’s work prepared, and delivered in accordance with this Agreement in order to solicit such bids. Consultant, therefore, shall prepare an engineer’s opinion of probable construction cost estimate. If the lowest of three or more bids received by City for the Project varies from the engineer’s opinion of probable construction cost estimate by more than 15% and is due to Consultant’s failure to comply with this Agreement, including Exhibit “A”, or its negligent failure to perform pursuant to industry standards for the design work involved, Consultant, if directed by City, shall redesign the project at no additional cost to City to meet the original engineer’s cost estimate.

6. Compensation and Payment.
(a
) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 951,816 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents , and employees to provide the Services.
(b
) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

7. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2025, whichever occurs first.

8. Termination by City . City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 6.
2022-339 TMM/JKS
EXHIBIT A 65
Engineering Services Page 4 of 8
Rev. 1/2019

9. Ownership of Documents . All drawings, designs, data, photographs, reports and any and every other types of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand. The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

10. Copyright and Right of Use . All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

11. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

12. Indemnity and Defense.
(a
) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1
) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2
) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consulta nt relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3
) “Non -Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4
) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive 2022-339 TMM/JKS
EXHIBIT A 66
Engineering Services Page 5 of 8
Rev. 1/2019
negligence, except for such Loss arising from the sole negligence or willful misconduct of the City.
(b
) Non-Design Professional Services. Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c
) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Design Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations.
(d
) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non- Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non- Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

13. Insurance. Consultant shall procure and maintain insurance during the term of this A greement in the amounts and under the terms set forth in Exhibit “B” a gainst claims that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

14. Acceptance of Final Payment . Consultant’s acceptance of final pay ment will release City from any-and-all claims and liabilities for compensation under this Agreement.

15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
2022-339 TMM/JKS
EXHIBIT A 67
Engineering Services Page 6 of 8
Rev. 1/2019

16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party , Consultant represents that it has not performed any work for th at private party during the 12 month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

17. Economic Disclosure . Consultant shall comply with City’s local conflict of interest code and the Political Reform Ac t, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflict s of interes t, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

18. Non-Exclusive Agreement . This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

19. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

20. Entire Agreement; Modification. T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

21. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

22. Construction of Language . The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls. 2022-339 TMM/JKS
EXHIBIT A 68
Engineering Services Page 7 of 8
Rev. 1/2019

23. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO
CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
T
O CONSULTANT: Attention: Craig Lichty, P.E.

Black & Veatch Corporation
2999 Oak Road, Suite 490
Walnut Creek, CA 94597

24. Waiver . Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

25. Severability. I f a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

26. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

27. Governing Law . This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
******************
********************************************************************************* Signa
tures and Attachment List on the Next Page
2022-339 TMM/JKS
EXHIBIT A 69

EXHIBIT A
70 C
ity of Livermore WRP 1 Scope of Services
Title 22 UV Replacement Project
City of Livermore WRP – Title 22 UV System Replacement Project Scope of Services
This Scope of Work consists of preparing preliminary and detailed design, and providing bid phase and c
onstruction phase services for the project. It is assumed that the work will be performed under a single general contractor. The scope of work includes:
- The scope presented in Attachment A -Scope of Services - RFP Attachment A, Exhibit A – Detailed Improvements Plan, - RFP Attachment A, Exhibit B – Supplemental Drawings and Photos . - A
dditional assumptions and detailed description of the tasks as presented below .

Project Description

1. The project design is based on the removal and replacement of the existing 6.5 mgd UV syst em w
ith similar in-channel UV disinfection system to produce Title 22 compliant recycled water.

2. The new UV system will be located in the existing UV channels. It is assumed that existin g c
hannels would not need to be widened/expanded.

3. The new electrical and I&C upgrades associated with the new UV system will be housed in the existing control and electrical room.

4. The existing UV system will be replaced in a phased manner to allow at least one existing channel operational and in service to produce recycled water to meet the summer demand.

5. Existing electric actuators will be raised above the flood level inside the existing pipe pit. A support frame will be provided as required to support the valve actuators . 6 . Existing magmeters will be replaced with new magmeters in kind. The magmeter flow tube will need to withstand submerged conditions. Flow transmitter for the magmeters will be located remotely outside the valve pit

7. Existing turbidimeters, UVT and sampler instrumentation will be replaced.

8. Existing HVAC associated with the electrical and control room will be evaluated and replaced as required to handle the new loads

9. Alternatives analysis will consider the three leading UV manufacturers, Trojan, Wedeco, and Suez.

10. It is assumed that pre-procurement of equipment is not required.

11. Surveying and geotechnical work is not anticipated.

12. As indicated by the City, no permits are required.

13. As indicated by the City, no CEQA is required.

Project Schedule.

A detailed project schedule is shown in the Appendix.

NTP
– 7/27/2022
Preliminary Design – 3 months
Detailed Design – 6 months
2022-339 TMM/JKS

EXHIBIT A
71 City of Livermore WRP 2 Scope of Services
Title 22 UV Replacement Project
Bid Phase – 3 months
Construction – 18 months

ASSUMPTIONS
G
eneral:
• BV standard specifications and details will be used.
• BV graphics standards in existing CAD format will be used. • Design will be done in 3D using Revit. Drawings will present 2D sections derived from the 3D model to provide clarity to the construction contractor. • Project execution will follow ""Design-Bid-Build"" approach. • City WRP standards will be followed as appropriate.
• City Front End Documents will be used and modified for the project. • Submittal of structural calculations for review included at 2 milestones • Value Engineering is not anticipated and therefore not included.

Structural:
• UV System: minor crack/spall repair
• UV System: Evaluate existing crane for new operational loads (no retrofit scoped at this stage) • UV System: install sump pump in the pump pit
• Widening/expansion to existing structure is not required Architectural Assumptions:
• Architect effort will cover replacement of two existing doors only. • No building modifications expected for door replacement. • No architectural drawings will be needed for door replacement. • Architect will provide two specifications: steel doors/frames and finish hardware. The door spec will include a door schedule.

HVAC Assumptions:
• UV Area
o This is an existing outdoor UV area. No HVAC scope planned. • UV Control Building
o This is an existing single level single room structure including Control Room. o The Control Room will be heated with unit heaters and air conditioned for equipment protection.
• Drainage Pit
o This is an existing open top drainage pit. No HVAC scope planned. • All space heating will be provided by electric resistance coils.

Plumbing Assumptions:
• UV Area
o An existing emergency eyewash will be relocated. No changes to existing tempered water system.
2022-339 TMM/JKS

EXHIBIT A
72 City of Livermore WRP 3 Scope of Services
Title 22 UV Replacement Project
• UV Control Building
o No plumbing scope planned.
• Piping Pit
o A new sump and sump pumps will be added to handle rainwater and other drainage flows.
• The building water pressure available is expected to be in the range of 50-70 psig. No water booster system design is planned
Electrical:
• Project Scope will consist of Electrical design of the replacement of the existing UV system with new, replacement of outdoor/canopy lighting with LED type, replacement of HVAC equipment in the UV electrical room, moving valve actuator out of the pipe pit, and addition of a sump pump in the pipe pit.
• Fee includes an evaluation of the new UV load and the existing electrical distribution system to determine if it can be reused. Design fee assumes replacement of PP-1, MCC-G, PP-1 transformer, PP-1 disconnect switch, and conductors to accommodate load increase. All modifications to the electrical system beyond MCC-G should be considered Supplemental Services.
• The design fee assumes Black & Veatch standards and practices are used, with the exception that conduit and cable schedules will be provided as required by the WRP Design Standards.

Conduit routing will be specified to be performed by the Contractor. Conduit routing will not be shown on the plan drawings.
• All modifications to the electrical system beyond distribution of power from an existing source should be considered Supplemental Services.

Instrumentation and Controls:
• Preliminary Design Memo will include P&ID's.
• The fee assumes that configuration work will be done by Contractor • The fee assumes expansion of the existing SCADA system including addition of one new UV vendor provided PLC and replacement of an existing HMI thin client workstation. Communication network will be modified to support the new PLC. Upgrades to existing SCADA system computer hardware other than replacement of the UV area HMI workstation. No SCADA system software upgrades are included in the Scope. Major network upgrades or improvements are not included.

Tasks
Task 1 Project Management
This task will include project setup, administration, coordination with the City, and managing scope schedule and budget. Monthly invoices and progress report will be submitted as PDF via email. The following meetings and calls are included (Meetings are for Bid Phase, Construction Phase, and Startup, Commissioning and Testing are included in the respective tasks):
2022-339 TMM/JKS

EXHIBIT A
73 City of Livermore WRP 4 Scope of Services
Title 22 UV Replacement Project
- Design kickoff meeting (in-person) - BV PM, EM, and Process Lead will attend in person. The goal of the kickoff meeting is to confirm the scope, schedule, communication protocol, and project schedule.
- Workshops
o Alternatives Analysis Evaluation Criteria Workshop
o Alternatives Analysis Results Presentation Workshop
o CFD Modeling Results Workshop
- Deliverable Review meetings
o Preliminary Design(30% and Basis of Design Report (BDR)) Review Workshop o 60% Design Review Workshop
o 90% Design Review Workshop
o Title 22 ER Review Meetings (2)
- Informal check-in phone calls
o Status update calls attended by two people through preliminary and detailed design. A total of 15, 1-hour calls included.
- Periodical site visits during design and construction o Design Site Visits to gather information and meet with City staff  Two site visits during preliminary design (avg 2 people, EM and Sr. Civil Engineer)
 One site visit during detailed design (avg 2 people)
 One Site Visit by Electrical Engineer
 One Site Visit by Process Engineer
Deliverable - An agenda, and meeting minutes will be prepared for the kickoff and deliverables review meetings and distributed to all attendees in PDF format. Monthly invoices and progress report in PDF.

Task 2 – 30% Design
Task 2.1 Data Collection and Review
Consultant shall review the existing background data including reports, operational data, existing drawings showing updates to the facility after original construction and any pertinent information related to the project. A data request will be sent to the City via email. City will provide operational data in excel format. BV will use the existing facility AutoCAD drawings.

Deliverable – A data request list via email.

Task 2.2 – UV System Alternatives Analysis
A
lternatives Analysis Evaluation Criteria Workshop
Upon review of the existing data, Consultant will me et with the City to discuss:
- Water quality, UV process technology, current market trends and features, leading UV vendors, and operational and maintenance features desired in the new UV system. - Capacity discussion focusing on the need to increase the capacity of the UV system to meet the maximum three day demand during summer months using only one channel. 2022-339 TMM/JKS

EXHIBIT A
74 City of Livermore WRP 5 Scope of Services
Title 22 UV Replacement Project
- A process design criteria will be established based on the evaluation of water quality data.

This design criteria will be used to contact the UV vendors to solicit proposals on new UV system.
- An evaluation criteria and scoring method will be presented to the City for discussion, review and approval. This will consider as a minimum:
o Capital Cost
o Operational Cost
o Schedule (lead time)
o Existing facility modification requirements
o Operational Flexibility
o Maintenance Requirements
o Spare parts and vendor support
o DDW permitting experience
City will provide weightage to be assigned to the factors above.

Consultant will obtain proposals from three leading vendors and perform evaluation using the established evaluation criteria.

Alternatives Analysis Results Presentation Workshop
Results of the evaluation will be presented to the C
ity in this workshop. Based on the evaluation, It
is anticipated that the City will select the highest scoring vendor as the preferred UV system supplier. The detailed design will be prepared using the highest scoring vendor while making sure that the second highest vendor’s design can be accommodated with some modifications. Such modifications will be generally identified for Contractor to incorporate. Separate designs for the two shortlisted vendors will not be prepared.

Deliverables:
- Workshop meeting agenda slides in PDF
- Meeting minutes in PDF
Task 2.3 Preliminary Design Report
B
asis of Design Report
A basis of design report will be prepared documentin g the following” - Process Design Criteria
- UV Technology Alternatives Analysis Summary
- Discipline Design Criteria
- Project Implementation Plan
- Permitting Requirements
- Opinion of Probable Construction Cost (AACEI Level 4 Estimate) - Preliminary Drawings and Specification list
- The following preliminary drawings will be included as an appendix to the BDR o General
 Sheet List
2022-339 TMM/JKS

EXHIBIT A
75 City of Livermore WRP 6 Scope of Services
Title 22 UV Replacement Project
 Site Plan
 Hydraulic Profile
 Facility Demolition Plan
 Facility New Equipment and Piping Plan
 Electrical Power Distribution Functional Diagram
 P&IDs
Based on the equipment lead time, a procurement strategy will be discussed with the City to confirm that the UV system will be procured by the General Contractor. If pre-procurement is desired to meet schedule requirements, Consultant can provide a scope for review and approval associated with the development of RFP and support through pre-procurement process.

A draft BDR will be submitted to the City via PDF. Upon City review, a workshop will be held to discuss the City review and comments. Comments received from the City will be incorporated into the 60% design.

Deliverable – Draft BDR as PDF, Meeting Slides, Agenda, Minutes as PDF Task 3 – 60% design
Construction Drawings, details and sections for the work will be prepared. Drawings will be developed using BV standards and AutoCAD (latest version used at BV) and prepared on 22 x 34-inch sheet. Project technical specifications (CSI Format Div. 50) will be prepared in MSWord using BV standard specifications. City’s front end documents (Division 0 and 1) will be reviewed and supplemental sections will be added. BV will provide supplemental information needed for the City to develop the front-end documents. An opinion of probable construction cost will be prepared. A two week review period is allotted for the City review. Responses to client comments will be provided, but changes to design will be incorporated in the next level of design. A design review meeting will be held at the City office. This meeting will be attended by BV PM and Engineering Manager. Meeting agenda and minutes will be prepared and distributed.

Deliverable –
- Drawings and specifications PDF by email
- OPCC (AACEI Class 3 Estimate) in PDF
- Meeting agenda and minutes in PDF
Task 4 90% design
A draft design package will be submitted for review at the 90% complete level. The 50% design opinion of probable construction cost will be updated. A two-week review period is allotted for the City review.

Responses to client comments will be provided, but changes to design will be incorporated in the next level of design. A design review meeting will be held at the City office. This meeting will be attended by BV PM and Engineering Manager. Meeting agenda and minutes will be prepared and distributed.

2022-339 TMM/JKS

EXHIBIT A
76 City of Livermore WRP 7 Scope of Services
Title 22 UV Replacement Project
Deliverable –
- Drawings and specifications PDF by email
- OPCC (AACEI Class 2 Estimate) in PDF
- Meeting agenda and minutes in PDF
Task 5 100% Design
The review comments from the City and the QA/QC team will be incorporated into the design documents as appropriate. Upon completion, final drawings will be submitted to the City in electronic format, together with one set of project specifications. The final construction drawings will be signed and sealed by registered professional engineers in the State of California. The 90% design level OPCC will be updated and presented as a PDF via email.

Deliverable –
- Drawings and specifications PDF
- list of submittals,
- list of long-lead items taking more than one month to deliver from approved submittal, - list of special licenses or certificates required by Contractor, - list of spare parts,
- list of warranties greater than one year,
- list of special inspections,
- list of items requiring O&M manuals, and training requirements.

Task 6 – Title 22 ER and Bioassay Test
Title 22 ER
Consultant will support the City in the development of an updated Title 22 Engineer’s Report.

After Task 2.2, the Consultant and City will meet with Regional Board and present the project and schedule to the Board. Consultant will prepare presentation materials as required to support the description. The following will be discussed with the Board as a minimum:
- Approach to updating the existing Title 22 Engineer’s Report - Preferred UV technology and vendors
- Bioassay testing protocol development and testing requirements - Title 22 ER Update schedule and submittals to Board
Consultant will update the existing Title 22 Engineer’s Report (as approved by the Board) after 60% design is complete. After City’s review, the Draft report will be submitted to the Regional Board for review and comments. A second meeting (virtual) with the Regional Board will be held at the Board office to review comments. Comments will be incorporated and a Final Draft will be submitted to the Regional Board.

After the vendor is selected during construction, the report will be updated and a Final Title 22 ER will be submitted to the Regional Board.
2022-339 TMM/JKS

EXHIBIT A
77 City of Livermore WRP 8 Scope of Services
Title 22 UV Replacement Project
Bioassay Testing
Consultant will prepare a testing protocol for the B ioassay testing the UV system per Regional Board Requirements and submit it to the Board for review and approval. Comments received from the Regional Board will be incorporated and included in the Project Bid Documents for Contractor to conduct the test.

Consultant will witness the test during construction and develop a test report documenting the results and submit to City and Regional Board for review and approval. Consultant will support the City in the Title 22 permit amendment.

Deliverables
- Meeting agenda, minutes
- Draft, Final Draft, and Final Title 22 Engineering Report in PDF - Drat and Final Bioassay test protocol in PDF
- Draft and Final Bioassay Test Report in PDF
Task 7 – Bid Phase
The following services will be provided during bid phase:
- Pre-bid meeting (in-person) – Attended by BV PM and EM - Interpret construction documents and issue addenda as required to clarify the intent of bid documents (2 addenda included).
- Conformed to Bid Drawings and Specifications. BV will prepare conformed to bid drawings and specifications to incorporate all addenda issued during the bid phase. An electronic PDF copy of half size and full-size drawings and pdf specifications will be provided to the City.

Deliverables
- Addenda in PDF
- Confirmed bid documents in PDF
Task 8 – ESDC
The following services will be provided during construction phase:
- Review a total of 100 submittals including 20 resubmittals. Assumed 4 hours per submittal on average.
- Review 50 RFIs at 3 hours per RFI on average.
- Develop 1 design clarification/change documents at 40 hours per design clarification. - Review 2 change orders at 20 hours per change order review (including cost review). It is assumed that the City will handle all paperwork and processing of change order. - Conduct final inspection and develop punch list.
- Prepare conformed to construction record drawings using Contractor’s red-line set. - Meetings and Site Visits
o Pre-construction meeting (in-person) - Attended by BV PM and EM o Weekly construction progress phone calls – Attended by 1 BV Engineer o Final walkthrough inspection (in-person) – Attended by two BV Engineers. 2022-339 TMM/JKS

EXHIBIT A
78 City of Livermore WRP 9 Scope of Services
Title 22 UV Replacement Project
o Construction Site Visit
 Site visit by 1 BV Engineer (16 visits total)
Deliverables
- RFI, Submittal, Design Clarifications, and Change Order responses in PDF - Record Drawings in PDF
Task 9 – Startup, Commissioning, and Testing
Consultant will provide support during startup, commissioning, and testing. Consultant’s operations specialist will be onsite to provide support to the City staff. This will include both virtual and in-person assistance. A budget of 10 hours is included to provide phone consultation to the City staff and to attend Contractor’s startup planning calls. The following in person assistance is included:
- Testing and commissioning assistance (in-person) –
o Onsite assistance – 2 trips (1 for each channel), 5 days each by BV Operations Specialist o Witness Bioassay testing – included in the trips above.

Deliverables – Bioassay test report in PDF

Optional Tasks
Bridge Crane Modifications
This task will include design of the modifications required to the existing bridge crane to accommodate the new UV system. Effort will include analysis of the existing support structure for the bridge crane and design of modifications.

CFD Modeling
Based on the preferred UV system vendor, Consultant shall perform computational fluid dynamics (CFD) modeling to support an optimal and consistent UV performance. In general, CFD modeling would allow to determine the uniformity of flow distribution in the channels as water travels through the new UV banks. The uniformity of flow distribution can be evaluated using the numerical equivalent of a tracer.

Analysis assumes up to three scenarios. The ANSYS CFX (version 2021 or later) CFD software will be used in this analysis. ANSYS CFX uses the finite volume method to perform three-dimensional fluid flow simulations.

Results of the CFD modeling will be summarized in a Technical Memorandum (TM) and presented to the City in a workshop.

CFD Modeling will be updated to reflect the 90% design. Analysis assumes two scenarios.

Deliverable:
- CFD TM in PDF, Workshop slides
Updated CFD Modeling TM in PDF
2022-339 TMM/JKS

EXHIBIT A
79 City of Livermore
WRP UV Treatment System Replacement Project
Summary of Task Hours and Fee (June 28, 2022)
Task Hours Fee
Project Management 359 79,413$
30% Design 600 110,091$
60% Design 988 178,778$
90% Design 1186 210,660$
100% Design 397 69,795$
Title 22 Engineering Report and Regional Board
Coordination 117 24,406$
Bid Phase Services 179 30,990$
Construction Phase Services 829 155,561$
Testing, Startup, and Commissioning 94 30,692$
Total Base Scope 4749 890,386$
Optional Task (Bridge Crane Modifications) 165 31,530$
Optional Task (CFD Modeling) 164 29,900$
Total - Base Scope + Optional Task 5078 951,816$
6/28/2022 1
2022-339 TMM/JKS
EXHIBIT A 80
Owner:

Project:

PHASE/Task
Sr. Project
Manager
Sr.

Engineering
Manager
Civil Sr.

Engineer
Civil
Director/QC
Structural
Director/QC
Structural Sr.

Engineer
Structural
Engineer
Architect Bldg Mech
Director/QC
Bldg Mech
Engineer
Proc Mech Sr.

Engineer
Proc Mech
Engineer
Electrical
Director/QC
Electrical Sr.

Engineer
Electrical
Engineer
Electrical
Technician
I&C
Director/QC
I&C Sr.

Engineer
I&C Engineer Process Sr.

Engineer
Process
Engineer
BIM
Coordinator
BIM Sr
Technician
BIM
Technician
(Average Billing Rate, $$,Hr.)
$310.00 $238.00 $171.00 $328.00 $263.00 $227.00 $164.00 $171.00 $246.00 $161.00 $302.00 $161.00 $263.00 $236.00 $164.00 $125.00 $263.00 $197.00 $132.00 $279.00 $161.00 $154.00 $151.00 $112.00

WORK BREAKDOWN STRUCTURE PHASE
Project Management 0100 - - - - - - - - - - - - - - - - - - - - - - - - Project Management and Administration 0110 24 - - - - - - - - - - - - - - - - - - - - - - - Progress Reports and Invoices 0120 12 12 - - - - - - - - - - - - - - - - - - - - - - Project Meetings 0130 - - - - - - - - - - - - - - - - - - - - - - - - Design Kickoff 4 4 4 - - - - - - - - - - - - - - - - 4 - - - - Workshops (2) 8 8 8 - - - - - - - - - - - - - - - - 8 - - - - Deliverable Review Meetings (3) 12 12 15 - - - - - - 6 - 3 - - 6 - - - 6 6 - - - - Informal Phone Calls 15 15 15 - - - - - - - - - - - - - - - - - - - - - Site Visits (4) - 12 12 - - - - - - - - - - - 16 - - - - 16 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 30% Design 0200 - - - - - - - - - - - - - - - - - - - - - - - - Data Collection and Review 0210 - - 8 - - - - - - - - - - - - - - - - 4 8 - - - UV System Alternative Analysis 0220 4 8 24 - - - - - - - - - - - - - - - - 8 40 - - - CFD Modeling 0230 - - - - - - - - - - - - - - - - - - - - - - - - Basis of Design Report 0240 4 8 20 6 5 14 13 - 4 10 3 10 1 1 16 22 6 24 16 4 20 - - - Estimated Construction Cost 0250 - 1 2 - - - - - - - - - - - - - - - - - - - - - Discuss Procurement Strategy 0260 2 2 - - - - - - - - - - - - - - - - - - - - - - 30% Design Drawings w/ BoDR 0270 2 16 32 6 - - - - - - - - - - 16 - 7 72 51 2 4 8 24 24 - - - - - - - - - - - - - - - - - - - - - - - - 60% Design 0300 - - - - - - - - - - - - - - - - - - - - - - - - Drawings 0310 4 48 192 16 8 16 19 4 17 63 4 16 6 1 81 74 5 9 21 4 16 8 40 40 Specifications 0320 4 32 96 8 - - - 4 - - 4 8 2 1 22 - 4 9 16 - - - - - Construction Schedule 0330 4 1 4 - - - - - - - - - - - - - - - - - - - - - Estimated Construction Cost 0340 2 1 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 90% Design 0400 - - - - - - - - - - - - - - - - - - - - - - - - Drawings 0410 4 60 120 16 2 6 7 10 14 43 2 8 11 17 128 122 6 3 10 4 16 19 85 80 Specifications 0420 4 12 85 16 - - - 7 4 20 16 66 4 6 40 - 4 8 12 - - - - - Construction Schedule 0430 2 1 2 - - - - - - - - - - - - - - - - - - - - - Estimated Construction Cost 0440 1 1 2 - - - - - - - - - - - - - - - - - - - - - Bioassay Testing Plan Protocol Development 0450 2 4 6 - - - - - - - - - - - - - - - - 8 16 - - - Support City in Third Party Bioassay Testing Firm Selection 0460 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 100% Design 0500 - - - - - - - - - - - - - - - - - - - - - - - - Drawings 0510 2 20 48 8 2 3 4 1 3 28 - 2 1 - 28 22 1 1 2 4 - 8 50 48 Specifications 0520 4 8 45 4 - - - 1 3 5 - 2 1 - 6 - 1 1 2 4 - - - - Construction Schedule 0530 1 1 4 - - - - - - - - - - - - - - - - - - - - - Estimated Construction Cost 0540 1 1 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Title 22 Engineering Report and Regional Board Coordination 0600 - - - - - - - - - - - - - - - - - - - - - - - - Review Existing Title 22 Engineering Report 0610 2 2 4 - - - - - - - - - - - - - - - - - - - - - Regional Board Project Approach Meeting 0620 2 2 - - - - - - - - - - - - - - - - - - - - - - Draft Title 22 Engineering Report Update 0630 1 4 40 - - - - - - - - - - - - - - - - 4 - - - - Final Draft Title 22 Engineering Report 0640 1 4 24 - - - - - - - - - - - - - - - - 4 - - - - Final Title 22 Engineering Report 0650 1 4 8 - - - - - - - - - - - - - - - - 2 - - - - Regional Board Update Meetings (2) 0660 4 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bid Phase Services 0700 - - - - - - - - - - - - - - - - - - - - - - - - Response to Bidder Questions 0710 - 16 40 - - - - - - - - - - - - - - - - - - - - - Addenda 0720 - 4 8 - - - - 1 - 2 2 4 1 - 7 - - - - - - 6 - 12 Pre-Bid Conference 0730 2 2 - - - - - - - - - - - - - - - - - - - - - - Conformed Drawings and Specifications 0740 - 2 8 - - 1 1 1 - 2 - - - - 2 2 - - - - - 9 18 18 Pre-Construction Conference 0750 2 2 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Construction Phase Services 0800 - - - - - - - - - - - - - - - - - - - - - - - - Review and Respond to RFI's (50) 0810 - 40 110 - - - - - - - - - - - - - - - - - - - - - Submittal Reviews (100) 0820 - 60 340 - - - - - - - - - - - - - - - - - - - - - Design Clarification Responses (1) 0830 - 20 20 - - - - - - - - - - - - - - - - - - - - - Contract Change Order Request Support (2) 0840 - 25 25 - - - - - - - - - - - - - - - - - - - - - Punchlists 0850 - 8 24 - - - - - - - - - - - - - - - - - - - - - Record Drawings 0860 - 17 68 - - - - - - - - - - - - - - - - - - - - - Construction Progress Phone Calls and Site Visits) 0870 - 36 36 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Testing, Startup, and Commissioning 0900 - - - - - - - - - - - - - - - - - - - - - - - - Startup and Commissioning (onsite 2 trips 1 week each channel) 0910 - 4 - - - - - - - - - - - - - - - - - - - - - - Support City in Bioassay Testing (included in onsite trip above) 0920 - - - - - - - - - - - - - - - - - - - - - - - - Testing and Commissioning Phone Assistance (10 hours) 0930 - 2 - - - - - - - - - - - - - - - - - 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Optional Items - - - - - - - - - - - - - - - - - - - - - - - - Bridge Crane Modifications - - - - 8 19 25 - - - 20 93 - - - - - - - - - - - - CFD Modeling and workshop - 8 6 - - - - - - - 20 130 - - - - - - - - - - - - Total, Hours 137 554 1,515 80 25 59 69 29 45 179 71 342 27 26 368 242 34 127 136 90 120 58 217 222 Total, Billings FALSE 42,470$ 131,852 $ 259,065 $ 26,240 $ 6,575 $ 13,393$ 11,316$ 4,959$ 11,070$ 28,819$ 21,442$ 55,062$ 7,101$ 6,136$ 60,352$ 30,250$ 8,942$ 25,019$ 17,952$ 25,110$ 19,320$ 8,932$ 32,767$ 24,864$ City of Livermore
WRP UV Treatment System Replacement
6/28/2022 Page 1 of 2
2022-339 TMM/JKS
EXHIBIT A 81
Owner:

Project:

PHASE/Task
(Average Billing Rate, $$,Hr.)

WORK BREAKDOWN STRUCTURE P HASE
Project Management 0100
Project Management and Administration 0110
Progress Reports and Invoices 0120
Project Meetings 0130
Design Kickoff
Workshops (2)
Deliverable Review Meetings (3)
Informal Phone Calls
Site Visits (4)
30% Design 0200
Data Collection and Review 0210
UV System Alternative Analysis 0220
CFD Modeling 0230
Basis of Design Report 0240
Estimated Construction Cost 0250
Discuss Procurement Strategy 0260
30% Design Drawings w/ BoDR 0270
60% Design 0300
Drawings 0310
Specifications 0320
Construction Schedule 0330
Estimated Construction Cost 0340
90% Design 0400
Drawings 0410
Specifications 0420
Construction Schedule 0430
Estimated Construction Cost 0440
Bioassay Testing Plan Protocol Development 0450
Support City in Third Party Bioassay Testing Firm Selection 0460 100% Design 0500
Drawings 0510
Specifications 0520
Construction Schedule 0530
Estimated Construction Cost 0540
Title 22 Engineering Report and Regional Board Coordination 0600 Review Existing Title 22 Engineering Report 0610
Regional Board Project Approach Meeting 0620
Draft Title 22 Engineering Report Update 0630
Final Draft Title 22 Engineering Report 0640
Final Title 22 Engineering Report 0650
Regional Board Update Meetings (2) 0660
Bid Phase Services 0700
Response to Bidder Questions 0710
Addenda 0720
Pre-Bid Conference 0730
Conformed Drawings and Specifications 0740
Pre-Construction Conference 0750
Construction Phase Services 0800
Review and Respond to RFI's (50) 0810
Submittal Reviews (100) 0820
Design Clarification Responses (1) 0830
Contract Change Order Request Support (2) 0840
Punchlists 0850
Record Drawings 0860
Construction Progress Phone Calls and Site Visits) 0870 Testing, Startup, and Commissioning 0900
Startup and Commissioning (onsite 2 trips 1 week each channel) 0910 Support City in Bioassay Testing (included in onsite trip above) 0920 Testing and Commissioning Phone Assistance (10 hours) 0930 Optional Items
Bridge Crane Modifications
CFD Modeling and workshop
Total, Hours
T
otal, Billings FALSE
City of Livermore
WRP UV Treatment System Replacement
O&M Sr
Engineer
Sr. Estimator Finance Project
Controls

SUBTOTAL,
H
ours

SUBTOTAL,
Billings $
Travel/Per
Diem
Expenses

SUBTOTAL,

EXPENSES

SUBTOTAL,

SUBCONTRACTS
TOTAL Billings
$272.00 $213.00 $115.00 $135.00
- - - - - - $ - $ -$ -$ -$ - - 48 48 120 19,440$ - $ -$ -$ 19,440$ - - - - 24 6,576$ - $ -$ -$ 6,576$ - - - - - - $ - $ -$ -$ -$ - - - - 16 3,992$ - $ -$ -$ 3,992$ - - - - 32 7,984$ 1,500 $ 1,500$ -$ 9,484$ - - - - 66 14,040$ 400 $ 400$ -$ 14,440$ - - - - 45 10,785$ - $ -$ -$ 10,785$ - - - - 56 11,996$ 2,700 $ 2,700$ -$ 14,696$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 20 3,772$ - $ -$ -$ 3,772$ - - - - 84 15,920$ - $ -$ -$ 15,920$ - - - - - - $ - $ -$ -$ -$ - - - - 207 38,894$ - $ -$ -$ 38,894$ - 18 - - 21 4,414$ - $ -$ -$ 4,414$ - - - - 4 1,096$ - $ -$ -$ 1,096$ - - - - 264 45,995$ - $ -$ -$ 45,995$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 712 124,041$ - $ -$ -$ 124,041$ - - - - 210 40,383$ - $ -$ -$ 40,383$ - - - - 9 2,162$ - $ -$ -$ 2,162$ - 50 - - 57 12,192$ - $ -$ -$ 12,192$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 793 133,342$ - $ -$ -$ 133,342$ - - - - 304 57,978$ - $ -$ -$ 57,978$ - - - - 5 1,200$ - $ -$ -$ 1,200$ - 36 - - 40 8,558$ - $ -$ -$ 8,558$ 8 - - - 44 9,582$ - $ -$ -$ 9,582$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 286 47,417$ - $ -$ -$ 47,417$ - - - - 87 17,274$ - $ -$ -$ 17,274$ - - - - 6 1,232$ - $ -$ -$ 1,232$ - 14 - - 18 3,872$ - $ -$ -$ 3,872$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 8 1,780$ - $ -$ -$ 1,780$ - - - - 4 1,096$ 150 $ 150$ -$ 1,246$ - - - - 49 9,218$ - $ -$ -$ 9,218$ - - - - 33 6,482$ - $ -$ -$ 6,482$ - - - - 15 3,188$ - $ -$ -$ 3,188$ - - - - 8 2,192$ 300 $ 300$ -$ 2,492$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 56 10,648$ - $ -$ -$ 10,648$ - - - - 47 7,740$ - $ -$ -$ 7,740$ - - - - 4 1,096$ 150 $ 150$ -$ 1,246$ - - - - 64 9,426$ - $ -$ -$ 9,426$ - - - - 8 1,780$ 150 $ 150$ -$ 1,930$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 150 28,330$ - $ -$ -$ 28,330$ - - - - 400 72,420$ - $ -$ -$ 72,420$ - - - - 40 8,180$ - $ -$ -$ 8,180$ - - - - 50 10,225$ - $ -$ -$ 10,225$ - - - - 32 6,008$ - $ -$ -$ 6,008$ - - - - 85 15,674$ - $ -$ -$ 15,674$ - - - - 72 14,724$ - $ -$ -$ 14,724$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ 80 - - - 84 22,712$ 5,000 $ 5,000$ -$ 27,712$ - - - - - - $ 300 $ 300$ -$ 300$ 4 - - - 10 2,680$ - $ -$ -$ 2,680$ - - - - - - $ - $ -$ -$ -$ - - - - - - $ - $ -$ -$ -$ - - - - 165 31,530$ - $ -$ -$ 31,530$ - - - - 164 29,900$ - $ -$ -$ 29,900$ 92 118 48 48 5,078 25,024$ 25,134$ 5,520$ 6,480$ 941,166$ 10,650 $ 10,650$ -$ 951,816$ 6/28/2022 Page 2 of 2
2022-339 TMM/JKS
EXHIBIT A 82
Revised 1/3/2020 B11.5 – 5M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2 ,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Professional Liability/Errors and Omissions:
$5,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated 2022-339 TMM/JKS

EXHIBIT A
83 Revised 1/3/2020 B11.5 – 5M E&O

Page 2 ends

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
2022-339 TMM/JKS

EXHIBIT A
84 CITY COUNCIL STAFF REPORT
ITEM NO. 4.6

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with 4 LEAF, Inc. to provide construction inspection services at the Water Reclamation Plant (WRP) in an amount not-to-exceed $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019-31".

RECOMMENDED ACTION

SUMMARY
This professional services agreement with 4 LEAF, Inc. will provide construction inspection services in connection with the WRP Primary and Secondary treatment Improvements, Project 2019-31 (Project).

The Project involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore (City) Water Reclamation Plant (WRP). Construction activities include demolition, concrete, structural, electrical, and mechanical work at the headworks, influent pump station, odor control treatment system, motor control centers, pre-aeration tanks, primary sedimentation tanks, primary effluent pump station, and a secondary clarifier.

DISCUSSION
Both the 2012 WRP Master Plan and the 2016 WRP Asset Management Plan identify aging infrastructure within the WRP primary and secondary treatment systems. Process improvements are also recommended in the 2012 WRP Master Plan. The Engineering Division and WRP staff have evaluated and prioritized these recommendations and the Project involves constructing the highest priority improvements. The location of proposed improvements to the primary and secondary treatment facilities are shown in Attachment 1.

The Project includes replacing the following equipment:
85 Influent screw pumps
Pre-aeration tank blowers and gates
Primary sedimentation tank sludge collection mechanisms, skimmers, and gates Primary effluent pumps
Odor control treatment system and equipment covers
Secondary Clarifier No. 2 sludge collection mechanism, bridge, and gates Two motor control centers

Additional improvements include the following:

Repairing the concrete and coating channels and tanks in the headworks and primary treatment systems and Secondary Clarifier No. 2
Upsizing the odor control treatment system, adding additional odor covers, and increasing ventilation
Partial replacement of various electrical boxes throughout the WRP Associated electrical conduit duct, paving, instrumentation, and controls work

On June 14, 2022, four bids were received and opened for this Project. The construction contract was awarded to the lowest responsible and responsive bidder, C. Overaa & Co., at the July 25, 2022, City Council Meeting.

Additional inspection services are required to support construction of this major project. In November 2021, staff issued a request for qualifications and proposals (RFQ/RFP) for construction support services for various capital improvement projects. Based on review of the statements of qualifications and proposals received, a selection committee comprised of engineering staff established the following short list of consultants eligible for award of construction inspection agreements for capital improvement projects:

CPM Associates, Inc.

Swinterton Management & Consulting
Gannet Fleming, Inc.
4LEAF, Inc.

The firms were rated on overall responsiveness, relevant experience and qualifications of staff, ability to respond to the City’s needs in a timely manner, and their understanding and approach to the listed sample projects in the RFQ/RFP.

4 LEAF, Inc. was ranked as the most qualified consultant to provide construction inspection services for the Project based on their experience providing construction inspection services and their assigned construction inspector’s prior experience working on multiple WRP construction projects and other municipal projects. In June 2022, 4 LEAF, Inc. submitted a proposal to perform construction inspection services for the Project, which include the following:

Pre-Construction Phase Support – These activities involve reviewing contract documents, attending pre-construction meetings, assisting with submittal and request for information reviews, and documenting pre-construction conditions.

Construction Phase Support – These activities involve performing constructability reviews, quantity 86 takeoffs, and cost estimates, performing onsite monitoring and field inspections, preparing daily inspection reports, attending weekly meetings, collecting material tags and certificates, coordinating and scheduling as-needed third-party materials testing and special inspections, providing quantity measures and reviewing pay estimates to support payment processing, coordinating construction activities, identifying problems and assisting with change orders, tracking and documenting time and materials work activities, and assisting with commissioning.

Post-Construction Phase Support – These activities involve preparing the punch list, performing final inspections, assisting with review of final operation and maintenance manuals, delivering final as-built documentation, red-lined drawings, and assisting with release of final payments and retention.

Staff negotiated the attached professional services agreement in the not-to-exceed amount of $546,000.

This agreement covers full-time construction inspection services throughout the duration of the 28-month Project. The $546,000 contract amount is approximately 2.5% of the $21,999,000 construction contract for the Project. This is within the typical range for construction inspection services. In the event the 4 LEAF inspectors have additional unused capacity under the contract, their services may be utilized for other construction inspection support activities, with their time billed to those individual projects.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for this agreement is covered by both the budget for the WRP Primary and Secondary Treatment Improvements Project 2019-31 in the FY 2021-23 Capital Improvement Plan and additional appropriations for FY 2023-24 and FY 2024-25 that were approved by the City Council on July 25, 2022.

The Project is 75 percent funded with Fund 239 Sewer Replacement Fees and 25 percent funded with Fund 241 Sewer Connection Fees. Staff does not anticipate administrative impacts associated with approving this agreement.

ATTACHMENTS

1. Site Plan with Scope Elements Highlighted

2. Resolution

3. Exhibit A - Agreement with 4 LEAF, Inc.

Prepared by: Rick Teczon
Senior Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
87 SITE PLAN WITH SCOPE ELEMENTS HIGHLIGHTED
Headworks - Influent Bypass Manhole
Headworks - Screening Facility
Headworks - Influent Pump Station
Pre-Aeration Tanks (PATs)
Primary Sedimentation Tanks (PSTs)
Primary Effluent Pump Station (PEPS)
Odor Control Tower
Secondary Clarifier No. 2

VICINITY MAP SITE PLAN
ATTACHMENT 1
88 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH 4 LEAF, INC. TO

PROVIDE CONSTRUCTION INSPECTION SERVICES AT THE WATER RECLAMATION PLANT (WRP) IN AN AMOUNT NOT-TO-EXCEED $546,000, AS PART OF THE CAPITAL IMPROVEMENT PROJECT “WRP PRIMARY AND SECONDARY TREATMENT IMPROVEMENTS PROJECT 2019-31”
(WRP Primary and Secondary Treatment Improvements Project 2019-31) The Engineering Division requires a consultant to provide construction inspection services for the WRP Primary and Secondary Treatment Improvements Project 2019-31. The project involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore’s Water Reclamation Plant. Construction activities include demolition, concrete, structural, electrical, and mechanical work at the headworks, influent pump station, odor control treatment system, motor control centers, pre- aeration tanks, primary sedimentation tanks, primary effluent pump station, and a secondary clarifier. This Professional Services Agreement with 4 LEAF, Inc., in an amount not-to-exceed $546,000, covers construction inspection for this work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Council:

1. Authorizes the City Manager to execute a professional services agreement with 4 LEAF, Inc., attached hereto as Exhibit A, in an amount not to exceed $546,000, to provide inspection services during construction of the WRP Primary and Secondary Treatment Improvements Project 2019-31;

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with 4 LEAF, Inc.
89 Professional Services Agreement Page 1
Rev. 09.2021

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this day of , 2022, by and between the City of Livermore (“City”), a municipal corporation, and 4 LEAF, Inc. (“Consultant”), a California C corporation.

RECITALS

City requires professional services to provide construction inspection and administration services for the WRP Primary and Secondary Treatment Improvements , Project 2019-31, and as needed on-call inspection construction consulting services for various development and capital improvement project.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT

NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors . The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City office rs or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):

Construction inspection and administration services for the WRP Primary and Secondary Treatment Improvements, Project 2019- 31, and as needed on- call inspection construction consulting services for various development and capital improvement projects.

4. Consultant’s Responsibilities. Consultant shall:

(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;

(b) Provide the resources necessary to complete the Services in a timely manner;
2022-351 JKS/TMM

EXHIBIT A
90 Professional Services Agreement Page 2
Rev. 09.2021

(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;

(e) Comply with all laws in effect that are related to Consultant and the Services;

(f) Coordinate the Services with Michael Stamm (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;

(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month;

(i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;

(j) P repare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that i dentifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

(k) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such corre ction in a timely manner, City may make the correction and charge the cost thereof to Consultant;

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have 2022-351 JKS/TMM

EXHIBIT A
91 Professional Services Agreement Page 3
Rev. 09.2021
occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (A DA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 546,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on September 13, 2022, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

7. Termination by City . City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services. 2022-351 JKS/TMM

EXHIBIT A
92 Professional Services Agreement Page 4
Rev. 09.2021

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the S ervices. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code s ection 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Acceptance of Final Payment. Consultant’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an 2022-351 JKS/TMM

EXHIBIT A
93 Professional Services Agreement Page 5
Rev. 09.2021
assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language . T he terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification . T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archi val copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

2022-351 JKS/TMM

EXHIBIT A
94 Professional Services Agreement Page 6
Rev. 09.2021

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO CITY: Attention: Michael Stamm, Construction Inspection Manager City of Livermore City Hall
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Gene Barry, Vice President
4 LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

*********************************************************************************************

Signatures and Attachment List on the Next Page
2022-351 JKS/TMM

EXHIBIT A
95 EXHIBIT A
96 EXHIBIT A

Page 1 of 4 ends

SCOPE OF SERVICES

4LEAF’s services will consist of performing Construction Inspection services for the Primary and Secondary Treatment Improvements Project and as‐needed for various Capital Improvement Program (CIP) projects. To comply with California Department of Industrial Relations (DIR) prevailing wage requirements and provide accurate invoices to the City, the City will provide 4LEAF in advance with the necessary DIR PWC‐100 Forms, DIR Project Numbers, and internal City of Livermore project numbers for all projects tha
t 4LEAF’s Construction Inspector will be assigned.

The following represents major tasks and typical responsibilities associated with providing inspection duties during the pre‐construction, construction, and post‐construction phases of a project.

Pre‐Constru
ction Phase

 Perform cursory review of the plans and specifications to become familiar with the project scope.  Attend the pre‐construction conference.
 Perform as‐requested assistance in reviewing submittals, schedules, request for information (RFIs), etc.
 Document pre‐construction conditions with digital photographs and vid eos (as necessary).

Construction Phase

The following represents the normal responsibilities anticipated for providing construction inspection services during the construction phase of the Project. Specific tasks will be determined by the City and the City’s consultant Construction Manager.

 Perform constructability plan review and quantity takeoffs and cost estimates.  Provide full‐time inspection services necessary to mon itor and inspect the methods,
workmanship and materials used by the contractor to assure compliance with the City’s contract documents and any environmental permits.
 Prepare daily inspection reports and collect photos documenting the contractor’s daily activities.  Provide stormwater pollution prevention plan (SWPPP) insp ections.  Provide general monitoring and documentation of the contractor’s compliance with health and safety on the project. Note: the contractor is responsible for ensuring the safety of their crews, all subcontractors, general site safety, and the public.  Prepare and maintain a punch list of items needing correction throughout the Project’s duration.  Maintain a set of red‐lin
e drawings throughout a project and verify that contractor updates their red lined set of plans prior to each monthly progress payment submittal.  Attend weekly construction meetings.
 Routinely monitor all contractor traffic control is implemented per approved traffic co ntrol plans and inspect detour and construction signing to ensure public safety.  Collect material tags to verify materials on site meet the project specifications and project submittals.
 Coordinate and schedule as‐needed materials testing and special inspections performed by others.
2022-351 JKS/TMM

EXHIBIT A
97

Page 2 of 4 ends

 Collect certificates of compliance and weight/quantity certificates.  Provide the City’s consultant Construction Manager with accurate measured quantities and review pay estimates submitted by the contractor.
 Review the accuracy of quantities included with the contractor’s monthly progress payments and provide comments to the City’s designated Construction Manager.  Provide a brief update the Construction Manag er at the end of each working day.  Identify work that is not in conformance with the contract documents and work that may result in a potential contract change order (PCCO) or claim.
 Assist with problem resolution involving treatment plant personnel for any bypass or shutdowns during construction
.
 Assist the Construction Manager for functional testing and commissioning of various systems including electrical, mechanical, and plumbing. Assist the Construction Manager with coordinating training for City staff.
 Assist with review of the contractor’s monthly construction schedule and look‐ahead schedules.  Perform as‐needed public outr each with business owners, homeowners, and essential services impacted by construction performed in the public right of way.  Track and document all approved time and materials work activities being performed by the contractor.

Post‐Construction Phase

 Perform punch list and final inspections.
 Coordinate and confirm the cont ractor submits all Operations and Maintenance (O&M) manuals for all equipment (pumps, panels, electric equipment, etc.) to the City. Confer with City staff on completeness of and provide review comments of draft O&M or commissioning manuals.  Provide recommendations to the City’s consultant Construction Manager as to release of final payments and retention .
 Provide the City with a hard copy set of red‐lined drawings of as‐built conditions.

2022-351 JKS/TMM

EXHIBIT A
98

Page 3 of 4 ends

4LEAF Fee Schedule
2022 - 2025 Construction Inspection Services for the City of Livermore Primary and Secondary Treatment Plant Upgrades Project and Various CIP Projects

Program Management Services*
Calendar Year
Staff Designation 2022 2023 2024 2025
Principal‐in‐Charge / Project Manager $191/hr $197/hr $203/hr $209/hr

Construction Management / Inspection Services*
Calendar Year
Staff Designation 2022 2023 2024 2025
Construction Manager $170.00/hr $175.10/hr $180.35/hr $185.76/hr Public Works Inspector (Regular Time)** $152.00/hr $156.56/hr $161.26/hr $166.10/hr Public Works Inspector (Night Time)** $171.00/hr $176.13/hr $181.41/hr $186.86/hr Public Works Inspector (Overtime)** $205.20/hr $211.36/hr $217.70/hr $224.23/hr Public Works Inspector (Overtime)** $281.20/hr $289.64/hr $298.33/hr $307.28/hr Public Works Inspector (Overtime)** $357.20/hr $367.92/hr $378.95/hr $390.32/hr Public Works Inspector Apprentice $92 ‐ $138/hr $94 ‐ $140/hr $94 ‐ $140/hr $97 ‐ $146/hr

*All Fees shown include Annual Escalation of 3% starting on January 1, 2023.

BASIS OF CHARGES

A. Rates shown assume projects under this on‐call contract will require compliance with California Prevailing Wage rate requirements and assumes the Client may be filing a PWC‐100 Form to the California Department of Industrial Relations (DIR) for some of the projects under the on‐call contract.

B. Rates for pre vailing wage categories are subject to annual escalations in accordance with the bi‐annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated February 2022.

C. Per the requirements being enforced under SB 854 and because it is assumed that a PWC‐100 Form will be file d by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS‐140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS‐142 form. We are not assured the apprenticeship committee wil l be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the P ublic Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued February 2022 were used to determine the range of Calendar Year 2022 hourly rates for Public Works Inspector Apprentice.

D. All invoic ing will be submitted monthly.

E. Overtime and Premium time will be charged as follows:
- Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate** - Overtime (over 8 hour M‐F or Saturdays) 1.35 x hourly rate** - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate** - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate** F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.

G. Daily commute‐related travel time will not be billed to the Client. Project‐related mile age for inspections will be billed at the allowable IRS Rate plus 20%. Mileage reimbursements shall be recorded from the location designated by the Client to project sites. Requests for reimbursements for lodging, food and other miscellaneous per diem items shall be approved in writing by Client prior to beginning of work.

H. In accordance with California
’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client‐directed tasks or requirements. Client should allow 4LEAF’s non‐exempt, hourly employees the oppo rtunity to take their entitled rest and meal breaks during each work shift. 2022-351 JKS/TMM

EXHIBIT A
99

Page 4 of 4 ends

I. If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. ‐ If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compens ation/reimbursement shall not be required.

J. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.

K. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.

L. Client agrees that 4LEAF’s liability will be limited to the value of services provided.

2022-351 JKS/TMM

EXHIBIT A
100
Revised 5/1/2018 B16 – 2M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease.

A waiver of subrogation is required for Workers’ Compensation insurance.

If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

4. Professional Liability/ Cyber Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated 2022-351 JKS/TMM

EXHIBIT A
101
Revised 5/1/2018 B16 – 2M E&O

Page 2 ends

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

2022-351 JKS/TMM

EXHIBIT A
102

CITY COUNCIL STAFF REPORT
ITEM NO. 4.7

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Raney Planning and Management, Inc., to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount not-to-exceed $202,048.

RECOMMENDED ACTION

SUMMARY
A project application submitted by Overton Moore Properties (Applicant) requests annexation and development of new
light industrial/business park uses on
two non-contiguous, undeveloped areas that
are adjacent to Highway 84 and West Jack London Boulevard respectively, both south and west of the existing Oaks Business Park and that are in Alameda County's jurisdiction.

The parcels are identified as
S
urface Mine Permits 39 and 40 (SMP 39 and 40) because of their current county zoning that allows aggregate mining.

The Professional Services Agreement (Agreement) will enable Raney Planning and Management, Inc. (Consultant), to provide environmental planning services for the annexation and development of the project.

The contract with the Consultant has a total not-to-exceed amount of $202,048. The Applicant is paying 100% of the costs of this contract with Raney since it is specifically for the SMP 39 and 40 project. The environmental services the Consultant would provide are anticipated to be complete in 2023.

DISCUSSION
103
The Agreement will enable the Consultant to provide environmental planning services - primarily preparation of an Environmental Impact Report or "EIR" - for the annexation and development of the SMP 39 and 40 project. Preparation of an EIR is typically, and more efficiently, done by an environmental consultant with management and direction by City staff.

The EIR will cover the entire proposed project including annexation and development of SMP 39 and 40, the Sphere of Influence changes of several parcels to the west of SMP 39 from the City of Pleasanton to the City of Livermore and annexing additional parcels immediately east of SMP 40 owned by Zone 7, Caltrans, PG&E and the City
as shown in Attachment 1. No annexation or development of SMP 38 or the parcels immediately west of SMP 38 is being considered at this time. Bringing all of these parcels either into the City’s Sphere of Influence or into City boundaries will maintain logical city boundaries that would be best served by city infrastructure.

Staff provided a project update to Alameda County and City of Pleasanton staff in August 2022. Alameda County staff recommended clustering development on SMP 39 to the extent practical to avoid construction of buildings on the portion of SMP 39 located within Safety Zone 3 – Inner Turning Zone, as depicted in the Livermore Airport Land Use Compatibility Plan. Alameda County had no other comments related to the project at this time.

City of Pleasanton staff had concerns regarding future development on SMP 38, 39, and 40, including potential traffic impacts. City of Pleasanton staff requested continued coordination on the project including potential future agreements with the City of Livermore and other entities to address City of Pleasanton participation, traffic analysis and mitigation, and planning boundaries. In addition, City of Pleasanton staff would like to discuss potential trail connections as the project progresses. City of Livermore staff will continue to coordinate and refer future application submittals and public review notices regarding the project and EIR to Alameda County and City of Pleasanton staff.

FISCAL AND ADMINISTRATIVE IMPACTS

The Professional Services Agreement is for an amount not to exceed $202,048. The full cost of the agreement will be paid by the applicant. Utilization of City staff time will be necessary to administer the consultant agreement and review draft documents, which is covered by separate land use application fees paid by the applicant.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement

Prepared by: Ashley Vera

Associate Planner

104
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
105
City of Livermore
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions.
16,000
Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet2,666.70 Notes1,333.33
ATTACHMENT 1
106
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RANEY PLANNING AND MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $202,048 TO

PROVIDE PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
The Planning Division is currently managing several large-scale projects, including a project application submitted by Overton Moore Properties (Applicant) requesting annexation and development of new light industrial/business park uses on parcels currently within Alameda County’s jurisdiction.

The Planning Division requires a consultant to provide environmental consulting services for the annexation and development of the project. The project also includes changing the Sphere of Influence of several parcels to the west of SMP 39 from the City of Pleasanton to the City of Livermore and annexing additional parcels immediately east of SMP 40 owned by Zone 7, Caltrans, PG&E, and the City. The entire project is called the SMP 39 and 40 project.

The Applicant is paying 100 percent of the costs of this contract with Raney Planning and Management, Inc. for the SMP 39 and 40 project.

The proposed agreement with Raney Planning and Management, Inc. allows for environmental consulting services to commence July 25, 2022, and terminate July 25, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Manager is authorized to execute the professional services agreement with Raney Planning and Management, Inc., attached hereto as Exhibit A, in an amount not to exceed $202,048, to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and

40. On motion of Council Member , seconded by Council Member , the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN:

ATTEST:

COUNCIL MEMBERS:

APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Agreement with Raney Planning and Management, Inc. 107

EXHIBIT A
108

EXHIBIT A
109

EXHIBIT A
110

EXHIBIT A
111

EXHIBIT A
112

EXHIBIT A
113

EXHIBIT A
114

EXHIBIT A
115

EXHIBIT A
116

EXHIBIT A
117

EXHIBIT A
118

EXHIBIT A
119

EXHIBIT A
120

EXHIBIT A
121

EXHIBIT A
122

EXHIBIT A
123

EXHIBIT A
124

EXHIBIT A
125

EXHIBIT A
126

EXHIBIT A
127

EXHIBIT A
128

EXHIBIT A
129

EXHIBIT A
130

EXHIBIT A
131

EXHIBIT A
132

EXHIBIT A
133

EXHIBIT A
134

EXHIBIT A
135

EXHIBIT A
136

EXHIBIT A
137

EXHIBIT A
138

EXHIBIT A
139

EXHIBIT A
140

EXHIBIT A
141

EXHIBIT A
142

EXHIBIT A
143

EXHIBIT A
144

CITY COUNCIL STAFF REPORT
ITEM NO. 4.8

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Andy Ross, Senior Planner
SUBJECT:

Resolution authorizing two Purchase and Sale Agreements with Trumark Homes, for the sale of conservation easements on City-owned properties in the Springtown area and Doolan Canyon, for approximately $4 million, and authorizing an agreement with WRA, Inc. for
technical assistance and peer review of mitigation materials in an amount not-to- exceed $109,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to:

1 .

Establish an endowment fund pursuant to the terms of the Agreements for the long term management, monitoring, and maintenance of the Conservation Easements.

SUMMARY
Trumark Homes, LLC (Trumark) is requesting to purchase conservation easements on city-owned lands in the Springtown area and Doolan Canyon to compensate for impacts to species resulting from a 145
proposed residential development project in the City of Dublin. The two proposed Purchase and Sale Agreements establish timing and terms for preparation of conservation easements, management plans, and long-term management funding through an endowment. The City has successfully brokered similar transactions which resulted in permanent protections and management funding for the City’s open space holdings.

Staff recommends the City Council authorize the Purchase and Sale Agreements to preserve open space and provide funding for its long-term management. Additionally, staff recommends Council authorize a Professional Services Agreement with WRA Inc., to assist in the environmental review work associated with these transactions. Fees for this work have been calculated as part of the purchase price of the easements. If authorized by the City Council, both conservation easement sales would occur in parallel and achieve the City’s long held goals of protecting and restoring open space in Springtown area and Doolan Canyon.

DISCUSSION
Background

In 1950’s, the City acquired approximately 300 acres in the northern part of the city commonly referred to as the Springtown Open Space Preserve (see Attachment 1). The properties are part of a larger area known as the Springtown Alkali Sink. The Springtown Alkali Sink is located on the northeast side of the Livermore Valley and lies generally between urban development within the City of Livermore to the south and Brushy Peak and ridgelines to the north. The Springtown Alkali Sink supports a unique and rare alkali wetland complex that is known habitat for several sensitive animal and plant species.

In 2009 and 2013, the City acquired approximately 200 acres in the lower portion of Doolan Canyon.

More recently, in 2019, the City acquired an additional 137 acres in the upper portion of Doolan Canyon (Attachment 2) near the Doolan Preserve, which is owned and managed by the East Bay Regional Park District. Doolan Canyon is comprised of annual grasslands, cottonwood creek, and rare and unique special status species. The area also serves as a natural buffer that separates the communities of Dublin and Livermore.

The City holds these lands to protect the natural conditions and biodiversity, secure the Urban Growth Boundary, limit the expansion of urban development, and preserve scenic and recreational values. B oth
properties are city-owned and have General Plan Open Space and Resource Management land use designations. T
he presence of federal and state protected animal and plant species also effectively limits urban development. However, land conservation and restoration often lack funding sources for management planning and activities typically funded under a perpetual conservation easement.

In 2014, the City Council directed staff to assess the opportunity for establishing a conservation program on city-owned properties in Springtown and Doolan Canyon. The program allows the City to sell conservation “credits” to satisfy regulatory permit requirements from federal and state natural resource agencies associated with project impacts to special status species and/or habitat. Establishing a conservation program for city-owned properties ensures permanent protection of the natural and scenic resources and secures financial resources to manage and maintain the land for its biological and natural resource values. The City implements the conservation program on a project-by-project basis as potential buyers express needs and propose purchase terms.

146
In January 2018, the City successfully closed on the sale of a conservation easement on city-owned property in Doolan Canyon to Dublin Crossing Ventures, LLC, to satisfy mitigation requirements associated with their Dublin Crossing project on Camp Parks property within the City of Dublin. The City received $1.1 million in sale proceeds, permanently protected the 178-acres, and secured over $500,000 for an endowment to maintain and manage the property in perpetuity.

In 2021, City staff were approached by Trumark Homes, via the City’s consulting partner WRA Inc, requesting sale of compensatory mitigation on the city-owned properties in the Springtown area and in Doolan Canyon. The buyer, Trumark Homes, is requesting two Purchase and Sale Agreements, one for City-owned property in Springtown area and one for City-owned property in Doolan Canyon, to compensate for impacts associated with a residential development project in Dublin. In addition, staff is seeking support through a Professional Services Agreement with WRA, Inc. to assist with the transaction and peer review of restoration, and ongoing and future management activities planned to occur on the properties.

Trumark Homes Croak Road Development Project

The Trumark project includes development of an approximately 165-acre site with a 573-unit residential project consisting of six neighborhoods and two neighborhood parks totaling approximately 11.5 acres.

The area is currently undeveloped and located on the eastern side of the City of Dublin (Attachment 3).

Due to the project site conditions, the project would result in potential impacts to species and requires 333 acres of compensatory mitigation subject to approval from the resource agencies such as California Department of Fish and Wildlife or the US Fish and Wildlife Service.

Purchase and Sales and Professional Services Agreements

Trumark is proposing two Purchase and Sales Agreements for City of Livermore property to satisfy their compensatory mitigation requirements. In addition, staff recommends a Professional Services Agreement with WRA Inc., to assist with the transaction process.

Springtown Mitigation-
The presence of multiple sensitive species, rare habitat, and wetlands makes the mitigation value of the City’s Springtown property relatively high. Under the proposed Springtown Purchase and Sale Agreement (Springtown Agreement), the City would sell a conservation easement encumbering approximately 200 acres of California Red Legged Frog and California Tiger Salamander habitat (Attachment 1). The remaining approximately 60 acres of the Springtown site retains conservation value for a future conservation easement sale to another buyer or mitigation needed for a city project.

Under the Springtown Agreement, the City would retain fee title to the property. The total purchase price is $2,310,000 and includes a City Mitigation Fee that is equal to 15% of the cost to implement the mitigation project, which includes estimated mitigation planning, design, entitlement, construction, and monitoring costs for the mitigation project. In addition, the purchase price includes an administrative fee of $10,000 to cover City staff time to administer the transaction process.

Doolan Canyon Mitigation-
Under the proposed Doolan Canyon Purchase and Sale Agreement (Doolan Canyon Agreement), the City would sell a conservation easement encumbering approximately 133 acres of California Red Legged Frog and California Tiger Salamander habitat. In addition, the Doolan Canyon Agreement would authorize the construction of approximately 0.5-acres of riparian improvements on the 147
southern portion of the site.

The City would retain fee title to the property and also retain the approximately four-acre developed portion of the site that
includes an old ranch home and accessory buildings
. This four-acre area could be
used for a future staging area and access to the Doolan Preserve to the north, which is owned and operated by the East Bay Regional Park District. Park District and City staff are in preliminary discussions regarding the District's interest in the property. The purchase price Trumark would pay for the conservation easement is $1,667,000, which includes the 15% mitigation fee. Further, the Doolan Canyon Agreement includes a $10,000 administrative fee, and a $10,000 carbon sequestration fee for the City to implement climate action strategies on the City’s property including additional native plantings and compost application.

In addition to the purchase price and the City’s administrative costs, pursuant to the terms of both Agreements, Trumark would be responsible for funding mitigation and management planning, easement and closing fees, regulatory permitting, and short- and long-term management activities.

Trumark would also be responsible for all costs associated with preparing mitigation and management plans to satisfy their regulatory permitting obligations, subject to review and approval by the City. The management plan will include a grazing regime, because cattle grazing plays an important role in sustaining grassland for sensitive habitat and is an integral part of resource management. Grazing activities would be conducted by a grazing professional through a separate grazing license with the City.

Because the City will retain fee title to the land, an independent and qualitied land trust would hold the conservation easement. Typically, the City partners with the Tri-Valley Conservancy in such transactions, and Conservancy and City staff have discussed the project. Ultimately the decision to hold the easement is up to the TVC Board of Directors.

Generally, a land trust requires fees to cover staff cost of negotiating the terms of a conservation easement and any future legal defense that may be needed in the future to administer the conservation easements. Under the Agreements, Trumark would be responsible for paying these fees for each conservation easement.

Additionally, pursuant to the terms of both agreements, Trumark would pay the principle of the endowment, currently estimated at $1.6 million, which would be managed by a qualified entity and fund long-term maintenance and management as identified in the management plan, with City oversight. The amount of the endowment would reflect the industry standard for open space management activities, include an escalation factor, and be deemed sufficient by the resource agencies. The endowment would be invested by a qualified third party to ensure the interest earned covers all necessary management, monitoring, and maintenance activities. In addition, Trumark is responsible for paying for interim management, which would include short-to-midterm management activities until the endowment fund matures. The regulatory agencies determine the duration of the interim management period.

Professional Services Agreement-
Open space conservation is a General Plan Goal. However, the complexity of these transactions and biological resources are beyond the City's core services. Staff recommends the Professional Services Agreement to support with the entitlement process including peer review of management and restoration plan documents. Under the proposed Professional Services Agreement, in lieu of hourly fees, WRA would receive a fee of 4% of the mitigation project value that is paid for by the applicant through the City. This 4% fee has been calculated into the purchase price and is in addition to the 15% fee the City would receive. Therefore, no City general fund money will be needed 148
to entitle or manage these conservation easements as explained in more detail in the Fiscal Impacts section below.

General Plan Consistency

The General Plan land use designation for the Springtown properties is Open Space. Similarly, the General Plan land use designation for the Doolan Canyon property is Resource Management. The intent of these designations is for long-term preservation of open space, low-intensity agriculture (grazing), habitat protection, watershed management, and limited, passive recreational uses. The sale of a conservation easement on the Springtown and Doolan Canyon properties to permanently preserve and maintain open space and habitat is consistent with the respective land use designations.

Further, the City’s sale of a conservation easement and funding habitat enhancement activities, implements the following General Plan goals and objectives regarding open space and conservation:

Goal OSC-1 -
Conserve the value and function of Livermore’s open space as a biological resource.

Objective OSC-1.1 -
Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.

Policy OSC-1.1-P6 -
The City shall preserve and maintain Frick Lake and the Springtown Alkali Sink area as important wildlife and plant habitats through preservation of open space in and around these areas.

Consistency With Climate Action Goals

The Climate Change Element of the General Plan includes goals and objectives to reduce greenhouse gas emissions. The City’s sale of a conservation easement and funding habitat enhancement activities, implements:

Objective CLI-1.6
Expand the number of trees in Livermore in order to provide a larger carbon sink or area containing natural sources that retain more carbon than what those sources emit.

The term carbon sink includes forests, oceans, and soils that help to remove carbon from the atmosphere by sequestering carbon. The preservation of native soils and vegetation in addition to sustained management contribute to in the City’s sequestration objectives. In addition, the Doolan Canyon Agreement includes funding specifically for carbon sequestration activities, which could include re-introducing native vegetation and compost application consistent with the management of the property.

The Livermore Climate Action Plan implements the Climate Change Element by outlining strategies and actions the City and community can take to reduce GHG emission levels produced within Livermore. The Climate Action Plan is currently undergoing a comprehensive update, which will create a roadmap to continue carbon emission reductions and will also include adaptation strategies to prepare Livermore for climate change impacts, including heat, drought, wildfire, and flooding. The Springtown site is home to a complex of wetlands and seasonal ponds. The protection of the area and its wetlands contribute to the City’s flood control and climate adaptation strategies.

Environmental Determination
149

The sale of a conservation easement is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15317, which exempts entering into open space contracts, including conservation easements, in order to maintain the open space character of the area.

Upon Council direction, staff would file a CEQA Notice of Exemption with the Alameda County Recorder’s Office.

As additional details emerge regarding the restoration activities, additional analysis may be required to comply with CEQA. Under the terms of both Agreements, Trumark, as the project proponent, would be responsible for funding all work necessary to comply with any and all regulatory permitting and environmental clearances, including CEQA compliance, subject to review and approval by the City.

FISCAL AND ADMINISTRATIVE IMPACTS

If Council authorizes the two Purchase and Sales agreements, evaluating the technical, financial, and environmental aspects of the easement sale would require staff time and consultant services of $109,000, which is included in the purchase price of the conservation easements (calculated as 4% of the mitigation project costs). Each Purchase and Sales Agreement includes a 10% administrative fee to cover staff costs. The Doolan Purchase and Sale Agreement includes an additional 10% fee to cover carbon sequestration activities on the property.

Deposits from the Purchase and Sale Agreements would occur at key milestones and will be available for immediate release to cover consultant costs. The purchaser, Trumark, would bear all costs associated with mitigation and restoration work performed. Pursuant to the terms of the Agreements, the City will not be responsible for any costs associated with mitigation actions, conservation easement administration, permitting requirements, or agency coordination. Further, the City’s General Fund will not be subject to future financial obligations for maintenance and management of the conservation easement areas.

Staff recommends the City Council authorize placing the revenue from the sales, approximately $4 million, to a special fund dedicated to the City's infrastructure, which is in line with one of the City's strategic priorities (asset management). The City Council will have an opportunity to allocate this funding to specific infrastructure projects during the biennial capital budget review process. Similarly, Staff recommends the City Council commit endowment funds, currently estimated at $1.6 million, into a special fund for the purpose of managing and maintaining the easement area in conformance with the terms of the Agreements.

ATTACHMENTS

1. Springtown Property and Mitigation Boundary Map

2. Doolan Property and
Mitigation Boundary Map

3. Trumark Homes Residential Project Site

4. Resolution

5. Exhibit A - Springtown Purchase and Sale Agreement

6. Exhibit B - Doolan Canyon Purchase and Sale Agreement

7. Exhibit C - Professional Services Agreement

150
Prepared by: Andy Ross
Senior Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
151
May Sc hool Rd
Lo
rr
aine St
Broa
dm
oor
St
B
ucks kin
RdBlu
eb
el
lDr Shetlan
d Rd
Am
es
St
Dalton Av e
Raym ond Rd
Dagnino Rd
Christensen
Park
Blu
ebell
Dr
Sc enic A ve
Hollyh
ock t Ma
rigo
ld
Rd
Mon
ter
ey D
r
Ar
row
hea
d
Av
e
North Livermore
Neighborhood
Park
Da lto n Ave
Cent ral A
ve
S

Zeiss Springtown Mitigation Area (40.00 ac.)
Springtown Preserve (300 ac.)
Approximate Springtown Mitigation Site Boundary (200 ac.) ATTACHMENT 1
Springtown Property and Proposed Mitigation Area Boundary 152
Forino Dr
Posi ta no P kwy
Brandini
Dr
Positano Hills
Park
Do
olan
Rd
Path: L:\Acad 2000 Files\30000\30149\GIS\ArcMap\30149_Mitigation_20210809.aprx

Approximate Doolan North Mitigation Site Boundary (133.4 ac.) ATTACHMENT 2
Doolan Canyon Property and Mitigation Boundary
153
Posi
tan
o P
kwy
Cent ra l Pkwy
Central Pk
wy
Suns
et View Dr
Croak Rd
Arthur H Breed F wy
Fallon Gateway
El
Cha
rro
Rd
Arth ur H B reed Fw y Co llier Canyon RdArthu r H Br ee d Fwy Freisma n Rd
Project Area (Approximate)
ATTACHMENT 3
Trumark Homes Residential Project Site Map
154
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TWO

PURCHASE AND SALE AGREEMENTS WITH TRUMARK HOMES FOR THE SALE

OF CONSERVATION EASEMENTS ON CITY-OWNED PROPERTY IN SPRINGTOWN

AND DOOLAN CANYON AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WRA INC., TO ASSIST WITH

ADMINISTRATION OF THE TRANSACTION
The Livermore General Plan sets forth goals and policies to enhance quality of life, including a priority to protect open space and biological resources. Funding and long-term resource management is needed to achieve these goals.

The City of Livermore is the current property owner of approximately 300 acres in North Livermore and 137 acres in Doolan Canyon, which contain significant habitat value.

The sale of habitat values as mitigation on the City-owned open space lands provides necessary funding for protection, restoration, and enhancement of unique, sensitive habitats and for the long-term and permanent management of biological resources consistent with General Plan policies.

Trumark Homes is the developer of a residential project in the city of Dublin, which requires compensatory mitigation via purchase of a conservation easement to comply with resource agency regulatory obligations.

The City of Livermore is the current property owner and is a willing seller of habitat mitigation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager, on behalf of the City of Livermore, to execute a Purchase and Sale Agreement, attached hereto as Exhibit A, all necessary transaction and mitigation documents relating to the terms of the Agreement, and non-substantive amendments to the Agreement, including but not limited to, extensions, as necessary, with Trumark Homes, for the sale of a conservation easement to protect sensitive habitat on City-owned property in Springtown.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes the City Manager, on behalf of the City of Livermore, to execute a Purchase and Sale Agreement, attached hereto as Exhibit B; all necessary transaction and mitigation documents relating to the terms of the Agreement and non-substantive amendments to the Agreement, including but not limited to, extensions, as necessary, with Trumark Homes, for the sale of a conservation easement; and authorizing restoration activities to protect sensitive habitat on City-owned property in Doolan Canyon.
155
RESOLUTION NO. ________
BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes the City Manager, on behalf of the City of Livermore, to execute a Professional Services Agreement, with WRA, Inc., attached hereto as Exhibit C, for support services related to the sale of a conservation easement, including peer review of management and restoration plan documents.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes placing the revenue from the sales, approximately $4 million, to a special fund dedicated to the City's infrastructure, consistent with one of the City's strategic priorities (asset management), which could be allocated to specific infrastructure projects during the biennial capital budget review process.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes establishing an endowment fund as stated in the terms of the Agreements.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs City staff to file a Notice of Exemption for the sale of a conservation easement in accordance with the California Environmental Quality Act.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Springtown Purchase and Sales Agreement
Exhibit B – Doolan Canyon Purchase and Sales Agreement
Exhibit C – Professional Services Agreement with WRA
156

EXHIBIT A
157

EXHIBIT A
158

EXHIBIT A
159

EXHIBIT A
160

EXHIBIT A
161

EXHIBIT A
162

EXHIBIT A
163

EXHIBIT A
164

EXHIBIT A
165

EXHIBIT A
166

EXHIBIT A
167

EXHIBIT A
168

EXHIBIT A
169

EXHIBIT A
170

EXHIBIT A
171

EXHIBIT A
172

EXHIBIT A
173

EXHIBIT A
174

EXHIBIT A
175

EXHIBIT A
176

EXHIBIT A
177

EXHIBIT A
178

EXHIBIT B
179

EXHIBIT B
180

EXHIBIT B
181

EXHIBIT B
182

EXHIBIT B
183

EXHIBIT B
184

EXHIBIT B
185

EXHIBIT B
186

EXHIBIT B
187

EXHIBIT B
188

EXHIBIT B
189

EXHIBIT B
190

EXHIBIT B
191

EXHIBIT B
192

EXHIBIT B
193

EXHIBIT B
194

EXHIBIT B
195

EXHIBIT B
196

EXHIBIT B
197

EXHIBIT B
198

EXHIBIT B
199

EXHIBIT B
200

EXHIBIT B
201

EXHIBIT C
202

EXHIBIT C
203

EXHIBIT C
204

EXHIBIT C
205

EXHIBIT C
206

EXHIBIT C
207

EXHIBIT C
208

EXHIBIT C
209

EXHIBIT C
210

EXHIBIT C
211

EXHIBIT C
212

EXHIBIT C
213

CITY COUNCIL STAFF REPORT
ITEM NO. 4.9

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers in the downtown.

RECOMMENDED ACTION

SUMMARY
This license agreement will allow East Bay Community Energy Authority (EBCE), a Joint Power Authority, to install, operate, and maintain Level 3 electric vehicle (EV) charging stations that will serve thirty-two parking spaces in the downtown. As shown in Attachment 1, sixteen of these spaces will be inside the new L Street Garage and the remaining sixteen spaces will be in the parking lot east of the L Street Garage. The EV charging stations will be available to the public. EBCE will pay for the installation, operation, maintenance, and electricity costs. This agreement allows EBCE to operate these electric vehicle chargers and associated electrical equipment on City of Livermore (City) property for 15 years.

DISCUSSION
The City of Livermore is a member of EBCE, a Joint Powers Authority formed in 2016 pursuant to California Government Code Section 6500 et. seq, to become the default Load Serving Entity (or public power provider) in Alameda County. In 2017, the California Public Utilities Commission certified EBCE's Community Choice Aggregator Implementation Plan. EBCE then began serving commercial, industrial, residential, and municipal electricity customers in 2018. EBCE currently serves the County of Alameda, and each of the following cities incorporated therein: Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Oakland, Piedmont, San Leandro, and Union City. In 2021, the cities of Newark, Pleasanton, and Tracy (in San Joaquin County) also joined the JPA and became part of EBCE's service 214
territory.

In addition to serving as the public power provider, EBCE is tasked with development and management of energy-related climate change programs that help local government JPA members, like the City of Livermore, achieve state greenhouse gas reduction goals faster. Through its Local Development Business Plan, EBCE is strategically developing distributed energy resource solutions, including deploying a network of electric vehicle fast charging infrastructure, that will provide net benefits to EBCE's customers and member agencies. EBCE is partnering with the City to install, maintain, and operate EV vehicle charging stations on city property that are available to the public.

There are more than 1.1 million light-duty passenger cars and trucks registered to drivers in Alameda County. Plug-in EVs account for just 5 percent of this total vehicle registration portfolio (approximately 57,000 EVs on the road). To achieve the state's zero emission vehicle adoption goals, this figure will need to increase to approximately 108,000 light-duty EVs by 2025, and over 360,000 light-duty EVs by 2030. To ensure sustained growth in the EV market, the California Energy Commission has estimated that 645 to 740 publicly available EV fast chargers are needed throughout Alameda County to ensure driver confidence in convenient charging infrastructure. According to the California Energy Commission, there are currently only 332 EV fast chargers in Alameda County.

This gap in charging infrastructure is not experienced equally. EBCE has conducted a detailed analysis to understand home charging access and identified critical disparities that will hinder widespread EV adoption and, therefore, the ability to achieve California's zero-emission vehicle goals. Using Department of Motor Vehicle registration data, County Assessor data and Costar data, EBCE's analysis found:

47% of all residents in Alameda County are renters
90% of all multi-family housing properties (5+ units) are over 50 years old To date there has been essentially no EV adoption among multi-family housing residents

Due to the vintage of multi-family housing properties, electrical capacity upgrades will be needed across this building portfolio to support EV charging. These upgrades are the property owner's responsibility to fund and coordinate, not the tenants', representing a key barrier to deploying lower-level charging to enable at-home charging for these residents. These upgrades will not occur quickly at the scale needed to meet the state's goals.

A not-for-profit public agency like EBCE has a critical role to play in addressing the installation of EV charging to meet the needs of residents. EBCE can deliver clean electricity as a transportation fuel at a lower cost to customers and is well positioned to invest in a network of public EV fast chargers that is informed by local data and input from its JPA members like the City. Siting EBCE's EV fast chargers at the City's municipal parking facilities will result in infrastructure that is convenient, accessible, reliable, highly utilized, and equitable for all users, including commuters traveling through the Tri-Valley, and particularly renters in Livermore's multi-family housing developments. This public-public partnership approach will ensure all of Livermore's residents can join and benefit from the transition to EVs and will enable the City to achieve its climate action goals by reducing greenhouse gas emissions from the transportation sector.

This agreement covers the installation of EV Chargers that will serve thirty-two parking spaces. Sixteen of these spaces will be in the surface lot east of the L Street Garage. The EV Chargers in the surface lot will range between 100 Kilovolt-Amps (KVA) and 150 KVA. These Level 3 fast chargers will provide 215
much more capacity than standard Level 2 chargers which are around 7 KVA. One hour of charging at a 150 KVA fast charging station provides up to 450 miles of range compared to around 20 miles for one hour at a Level 2 charging station. Additional 100 KVA fast chargers will serve sixteen spaces inside the L Street Garage.

As a public agency, EBCE will issue a competitive solicitation for the development of the charging stations. EBCE shall ensure that its designated contractors, subcontractors and service providers pay prevailing wage and comply with all other applicable provisions of the Labor Code and the implementing regulations of the Department of Industrial Relations.

Electrical equipment for the electrical vehicle chargers will be located in the surface parking lot. This equipment includes a new PG&E transformer and electrical switchgear and panels. EBCE will coordinate the installation of the transformer with PG&E. EBCE will have their own meter that serves the electric vehicles and will be billed directly for all electricity costs. The transformer and electrical equipment will be located next to the trash enclosure. Masonry walls, gates, and landscaping will shield the view of this equipment.

The agreement authorizes EBCE to operate the electric vehicle chargers on City property for a period of 15 years. EBCE and the City can mutually agree in writing to extend the term of the agreement or the equipment can be removed by EBCE at the end of the 15 year term. EBCE is responsible for all costs associated with the installation, operation, and maintenance of the electric vehicle chargers including the cost of the electricity. In exchange, the City is allowing EBCE to occupy City property at no cost.

FISCAL AND ADMINISTRATIVE IMPACTS
This license agreement with EBCE will allow a valuable service to be provided to the public at no cost to the City. Staff time needed to coordinate the agreement with EBCE and review and approve the construction work required to install the charging stations is within existing available staff capacity.

ATTACHMENTS

1. EBCE Location Map

2. Resolution

3. Exhibit A - Charging Station License Agreement

Prepared by: Joel Waxdeck
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH EAST

BAY COMMUNITY ENERGY AUTHORITY, A JOINT POWER AUTHORITY, FOR INSTALLING, OPERATING, AND MAINTAINING LEVEL 3 ELECTRIC VEHICLE

CHARGERS IN THE DOWNTOWN
East Bay Community Energy Authority (EBCE) is partnering with the City of Livermore to install, maintain, and operate electric vehicle charging stations on City property that are available to the public. In addition to serving as the public power provider, EBCE is tasked with development and management of energy-related climate change programs that help local government member agencies, like the City of Livermore, achieve state greenhouse gas reduction goals faster. Through its Local Development Business Plan, EBCE is strategically developing distributed energy resource solutions, including deploying a network of electric vehicle fast charging infrastructure, that will provide net benefits to EBCE’s customers and member agencies.

This license agreement will allow EBCE to install, operate, and maintain Level 3 electric vehicle charging stations that will serve thirty-two parking spaces in the downtown. Sixteen of these spaces will be inside the new L Street Garage and the remaining sixteen spaces will be in the parking lot east of the L Street Garage. The electric vehicle charging stations will be available to the public. EBCE will pay for the installation, operation, maintenance, and electricity costs. This agreement allows EBCE to operate these electric vehicle chargers and associated electrical equipment on City of Livermore property for 15 years.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore hereby adopts a resolution authorizing the City Manager to execute a license agreement with East Bay Community Energy Authority, a Joint Power Authority, attached hereto as Exhibit A, for installing, operating, and maintaining Level 3 electric vehicle chargers that will serve thirty- two parking spaces on the City of Livermore's L Street Garage property.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Charging Station License Agreement
218

EXHIBIT A
219

EXHIBIT A
220

EXHIBIT A
221

EXHIBIT A
222

EXHIBIT A
223

EXHIBIT A
224

EXHIBIT A
225

EXHIBIT A
226

EXHIBIT A
227

EXHIBIT A
228

EXHIBIT A
229

EXHIBIT A
230

EXHIBIT A
231

EXHIBIT A
232

EXHIBIT A
233

EXHIBIT A
234

EXHIBIT A
235

EXHIBIT A
236

EXHIBIT A
237

EXHIBIT A
238

EXHIBIT A
239

EXHIBIT A
240

EXHIBIT A
241

EXHIBIT A
242

EXHIBIT A
243

EXHIBIT A
244

EXHIBIT A
245

EXHIBIT A
246

CITY COUNCIL STAFF REPORT
ITEM NO. 4.10

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving revised appropriations in FY 2022-23, to fourteen projects in the 2021-23 Capital Improvement Plan.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving revised appropriations in FY 2022-23, to various projects in the 2021-23 Capital Improvement Plan.

SUMMARY
Revised appropriations are needed in FY 2022-23 to complete 14 projects in the Capital Improvement Plan. Unspent budget from FY 2021-22 needs to be appropriated to FY 2022-23 for these projects. The proposed budget adjustments total $2,536,279 and do not increase the amount of funds originally budgeted for these projects. Additionally, new appropriations totaling $1,301,006 need to be made to five of these 14 projects in FY 2022-23. These appropriations increase the budgets for these projects.

Revised appropriations in FY 2022-23 are summarized in Exhibit A to the resolution and discussed in the staff report.

DISCUSSION
On June 1, 2021, the Planning Commission reviewed the 2021-23 Capital Improvement Plan and found that it conforms to the City’s General Plan.

On June 14, 2021, the City Council agreed with the recommendations regarding General Plan consistency and found the Capital Improvement Plan to be consistent with the City’s General Plan (Resolution No. 2021-088). At the same time, the City Council approved the 2021-23 Capital Improvement Plan.

On June 13, 2022, the City Council approved the Two-Year Financial Plan Update for FY 2021-22 and 2022-23. The update included budget adjustments for the 2021-23 Capital Improvement Plan.

Fiscal Year 2021-22 has now been closed and additional budget adjustments are needed for fourteen 247
projects in the 2021-2023 Capital Improvement Plan. To coincide with actual progress and current design and construction schedules, unspent FY 2021-22 budget for these projects needs to be appropriated to the FY 2022-23 budget. These appropriations, totaling $2,536,279, will not increase the project budgets; they simply shift the expired appropriations from FY 2021-22 to the current fiscal year to accommodate actual project timelines.

Additionally, $1,301,006 in new appropriations need to be made to five of the 14 projects in order to complete the projects in FY 2022-23.

Proposed appropriations for the projects are listed in Exhibit A to the resolution and discussed below:

Isabel Ave/I-580 Interchange Project 1992-38 - Unspent budget from FY 2021-22 needs to be appropriated to FY 2022-23 to cover consultant contracts and staff time for right of way closeout and establishment of conservation easements.

New Civic Center Meeting Hall Project 2004-39 - There was approximately $289,000 in unspent budget for this project in FY 2021-22. $85,000 of this amount needs to be appropriated to FY 2022-23 in order to complete the project. Remaining items include final modifications to the building such as installing an equipment screen on the roof, preparation of as-builts, and close-out project management activities.

El Charro Specific Plan Infrastructure-Phase 3 Project 2007-2044 - Unspent budget from FY 2021- 22 and an additional $35,000 in General Funds (Fund 001) needs to be appropriated to FY 2022- 23 in order to complete parcel and flood boundary mapping for the El Charro Area.

Downtown Streetscape Phase II Project 2008-27 - A total of $865,974 in unspent budget from FY 2021-22 along with an additional $195,000 in Measure B Streets and Roads Fund 678, needs to be appropriated to FY 2022-23 in order to complete this project. Construction costs were impacted by the discovery an underground storage tank, discovery of a concrete layer in the street, and having to develop new concrete mix formulas for flex zone and bluestone paving to match existing.

Additional funds are required to cover the cost of change orders that were necessary to address these unanticipated field conditions and ongoing project management costs.

Carpet Replacement for City Buildings Project 2015-18 - Unspent budget from FY 2021-22 along with an additional $800,000 in Facilities Rehab Program Fund 740 needs to be appropriated to complete carpet replacement in City Hall in FY 2022-23. This additional appropriation will also cover carpet replacement in the Civic Center Library in FY 2022-23.

I Street Garage Project 2017-15 - There was approximately $453,000 in unspent budget for this project in FY 2021-22. $300,000 of this amount needs to be appropriated to FY 2022-23 in order to complete the project. Remaining items include completing landscaping, minor modifications to the garage, final project management for close-out and commissioning activities.

Arroyo Road Path 2017-23 - Unspent budget from FY 2021-22 and $16,006 in Measure B- Bike/Pedestrian Fund 677 needs to be appropriated to FY 2022-23 to cover consultant contracts and staff time for right of way closeout.

Automated License Plate Readers Project 2017-22 - Unspent budget from FY 2021-22 needs to be appropriated FY 2022-23 to cover installation of license plate readers along Veterans Way.

Collier Canyon Creek Silt Basin Project 2017-27 - Unspent budget from FY 2021-22 needs to be appropriated to FY 2022-23 to cover consultant contracts and staff time for design.

Fixed Base Operator Building Flood Proofing Project 2018-49 - There was approximately $76,000 in unspent budget for this project in FY 2021-22. $60,000 of this amount needs to be appropriated to complete construction in FY 2022-23. Construction was delayed due to supply chain issues associated with manufacturing the flood proof door.
248
Real Time Awareness Center Project 2019-58 - Unspent budget from FY 2021-22 needs to be appropriated to cover the purchase of equipment in FY 2022-23.

Granada Channel Pipe Replacement at UPRR Project 2020-35 - A new appropriation of $255,000 in Surplus AD Closeout Fund 698 is required to complete this project in FY 2022-23. This project involves a storm drain repair in the vicinity of the Union Pacific Railroad train tracks. Costs associated with complying with Union Pacific Railroad requirements have been more than anticipated. Union Pacific Railroad required two railroad monitors during underground activities and daily surveys of the railroad tracks.

Citywide Sculptures Project 2021-22 - Unspent budget from FY 2021-22 needs to be appropriated to FY 2022-23 to cover installation of the sculpture next to the Springtown Library. The sculpture was originally scheduled to be installed in June; however, the installation date has been moved back to September 2022.

Stanley Blvd at Isabel Ave Connector Ramp Project 2021-33 - Unspent budget from FY 2021-22 needs to be appropriated to FY 2022-23 to cover consultant contracts and staff time for design.

FISCAL AND ADMINISTRATIVE IMPACTS

If approved, $2,536,279 of unspent appropriations from FY 2021-22 will be appropriated to FY 2022-23.

These appropriations will not increase individual project budgets. New appropriations totaling $1,301,006 are also being requested. These appropriations will increase funding for five projects. These appropriations total $800,000 in Facilities Rehab Program Fund 740, $255,000 in Surplus AD Closeout Fund 698, $195,000 in Measure B Streets and Roads Fund 678, $35,000 from General Fund 001, and $16,006 in Measure B-Bike/Pedestrian Fund 677.

ATTACHMENTS

1. Resolution

2. Exhibit A - CIP Budget Appropriation Requests

Prepared by: Joel Waxdeck
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA RESOLUTION APPROVING REVISED APPROPRIATIONS IN FISCAL YEAR 2022-23 FOR THE 2021-23 CAPITAL IMPROVEMENT PLAN
On June 1, 2021, the Planning Commission reviewed the 2021-23 Capital Improvement Plan and found that it conforms to the City’s General Plan.

On June 14, 2021, the City Council agreed with the recommendations regarding General Plan consistency as contained in the Planning Commission staff report and resolution, adopted by the same reference, and found the Capital Improvement Plan to be consistent with the City’s General Plan (Resolution No. 2021-088). At the same time, the City Council approved the 2021- 23 Capital Improvement Plan.

On June 13, 2022, the City Council approved the Two-Year Financial Plan Update for FY 2021-22 and 2022-23. The update included budget adjustments for the 2021-23 Capital Improvement Plan.

Fiscal Year 2021-2022 has now been closed and adjustments are needed for fourteen projects in the 2021-23 Capital Improvement Plan. To coincide with actual project progress and design and construction schedules, unspent FY 2021-22 budget for thirteen projects in the 2021- 23 Capital Improvement Plan needs to be appropriated to FY 2022-23. These appropriations, totaling $2,536,279, will not increase project budgets; they simply shift the expired appropriations from FY 2021-22 to the current fiscal year to accommodate actual project timelines.

Additionally, $1,301,006 in new appropriations need to be made to five projects in order to complete the projects in FY 2022-23.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the revised appropriations in FY 2022-23, as shown in Exhibit A, attached hereto, for various projects in the 2021-23 Capital Improvement Plan.

On motion of Council Member , seconded by Council Member , the foregoing Resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney Exhibit A – CIP Budget Appropriation Requests
250
Fund CIP# CIP Project Name
Existing
FY 2021-22
Budget
Actual
FY 2021-22
Expenditures
Existing
FY 2022-23
Budget
Reductions In
FY 2022-23 From
Overexpenditures
in FY 2021-22
Unspent
FY 2021-22
Appropriated to
FY 2022-23
FY 2022-23
Supplemental
Appropriations
Proposed
FY 2022-23
Adjusted Budget
1 321 199238 Isabel Ave/I-580 Interchange $876,000 $365,741 $200,000 $510,259 $710,259 2 001 200439 New Civic Center Meeting Hall $887,000 $597,096 $0 $85,000 $85,000 3 001 20072044 El Charro Specific Plan Infrastructure-Phase 3 $75,000 $66,635 $102,000 $8,365 $35,000 $145,365 4a 651 200827 Downtown Streetscape Phase II $1,089,425 $645,640 $443,785 $443,785 4b 678 200827 Downtown Streetscape Phase II $810,575 $877,019 ($66,444) $195,000 $128,556 4c 688 200827 Downtown Streetscape Phase II $450,000 $27,811 $422,189 $422,189 5 740 201518 Carpet Replacement for City Buildings $300,000 $81,357 $210,000 $218,643 $800,000 $1,228,643 6 677 201723 Arroyo Road Path $60,000 $46,006 $10,000 $13,994 $16,006 $40,000 7 001 201715 I Street Garage $12,575,000 $12,122,000 $25,000 $300,000 $325,000 8 619 201722 Automated License Plate Readers $55,000 $0 $0 $55,000 $55,000 9 678 201727 Collier Canyon Creek Silt Basin $150,000 $71,601 $0 $78,399 $78,399 10 210 201849 FBO Building Flood Proofing $375,000 $298,810 $0 $60,000 $60,000 11 619 201958 Real Time Awareness Center $300,000 $148,790 $100,000 $151,487 $251,487 12 698 202035 Granada Channel Pipe Replacement at UPRR $115,000 $168,405 $340,000 ($53,405) $255,000 $541,595 13 608 202122 Citywide Sculptures $125,000 $34,690 $125,000 $90,310 $215,310 14 651 202133 Stanley Blvd at Isabel Ave Connector $150,000 $51,151 $250,000 $98,849 $348,849 Total ($119,849) $2,536,279 $1,301,006
CIP Budget Appropriation Requests: September 12, 2022

EXHIBIT A
251

CITY COUNCIL STAFF REPORT
ITEM NO. 4.11

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution authorizing the City Manager to execute, on behalf of Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA), a Purchase Order with Bauer Compressors, Inc. for 125 Self-Contained Breathing Apparatus (SCBA) and related equipment in an amount not-to-exceed $1,430,563.

RECOMMENDED ACTION

SUMMARY
Staff recommends the City Council adopt a resolution authorizing execution of a Purchase Order with Bauer Compressors, Inc. for the replacement of Self-Contained Breathing Apparatus (SCBA) in an amount not-to-exceed $1,430,563. The Livermore-Pleasanton Fire Department (LPFD) must replace its 15-year-old Self-Contained Breathing Apparatus (SCBA) before the end of its service life this year. Both state and federal respiratory protection laws require the use of these units to ensure the safety of employees when exposed to hazardous atmospheres.

DISCUSSION
SCBA’s are a critical piece of safety equipment that provides clean, breathable air for LPFD personnel in environments with superheated smoke, hazardous gases, oxygen deficiencies, and other airborne contaminates. Both state and federal respiratory protection laws require the use of these units to ensure the safety of employees when exposed to hazardous atmospheres. The equipment is used daily in emergency responses and training.

Under requirements set forth by the US Department of Transportation (DOT) and the National Institute for Occupational Safety and Health (NIOSH), compressed air cylinders, including those used as part of the SCBA, have a service life of 15 years, after which, they must be removed from service and 252
destroyed. The LPFD’s current cylinders are in their fourteenth year of service life. The proposed SCBA replacement includes 125 SCBA units, 250 bottles, 120 face masks and all auxiliary equipment needed to place the SCBA units into service.

Staff recommends Bauer Compressors, Inc as the designated vendor for the SCBA units. Bauer Compressors, Inc is a Livermore company that currently services the LPFD’s SCBA fill stations and would provide local warranty service and testing. Bauer Compressors, Inc. is a member of the Houston- Galveston Area Council’s Cooperative Purchase Program (HGACBuy).

Under LMC Section 2.68.390 of the City’s Contract and Purchase Ordinance, the Administrative Services Director may purchase supplies and equipment without utilizing the quotation or bidding requirements of the Ordinance, if such purchases are based on an agreement or cooperative purchasing program entered into by any public agency or agencies situated within the state, regardless of whether the City is a named party to such an agreement or an actual participant in such a program. In such cases, the supplies and equipment purchased must be the same and be offered at the same price as the supplies, subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s.

Staff recommends purchasing these replacement SCBA utilizing HGACBuy contract #EE08-19 with Bauer Compressors, Inc. The HGACBuy bid procedure for Fire Service Equipment, meets the City’s municipal code requirement, and therefore, the purchase can be awarded to Bauer Compressor, Inc.

The HGACBuy program assists local governments in reducing costs through this government-to- government procurement service available nationwide. This program is available to local government entities and qualifying non-profit corporations. Eligible membership and participation include states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities, and non-profit organizations. The City of Livermore is currently a registered member. The purchase through HGACBuy contract #EE08-19 will expedite the delivery of the SCBA units.

FISCAL AND ADMINISTRATIVE IMPACTS

This purchase has a not to exceed amount of $1,430,563 and is budgeted in the LPFD Equipment Replacement Reserve (912-80070-4315002) for the Fiscal Year 2022-23 with a budget amount of $1,586,604, therefore, no additional appropriation is needed. The LPFD Equipment Replacement Reserve is funded 50% by the City of Livermore, and 50% by the City of Pleasanton. Therefore, the total cost of SCBA replacement to the City of Livermore is not to exceed $715,282.

ATTACHMENTS

1. Resolution

2. Exhibit A - Bauer SCBA Pricing Quote

3. Exhibit B - MSA HGAC Cooperative Contract No. EE08-19

4. Exhibit C - Bauer Compressor- HGAC Contract Extension Contract No. EE08-19

Prepared by: Joe Testa
Fire Chief

253

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF

OF AND FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT

POWERS AUTHORITY, A PURCHASE ORDER IN AN AMOUNT NOT-TO-EXCEED $1,430,563 FOR 125 SELF-CONTAINED BREATHING APPARATUS (SCBA) AND

RELATED EQUIPMENT
The Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) is an entity separate from the City of Livermore that was formed in 1996 with the City of Pleasanton to provide fire protection services.

The LPFD does not have its own purchasing policies and instead relies upon the policies adopted and implemented by the Cities of Livermore and Pleasanton, depending upon which City is providing the finance and budget administrative support for the LPFD.

Livermore is currently providing the finance and budget administrative support for the LPFD.

Section 2.68.370 of the Livermore Municipal Code (“LMC”), states that the City Council of the City of Livermore shall award a contract for the purchase of supplies, equipment, or general services of a value greater than $100,000 to the bid representing the best value as defined in LMC 2.68.040, with the exception being where supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to LMC 2.68.390.

Bauer Compressor, Inc. (Supplier) holds the Houston-Galveston Area Council Contract (HGACBuy) for MSA SCBA. The HGACBuy bid procedure for replacement SCBA meets the City of Livermore’s Municipal Code requirement.

LPFD has requested the City Council for the City of Livermore approve, on behalf of the LPFD, the attached agreement consistent with the City of Livermore’s purchasing ordinance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute, on behalf of LPFD and in her capacity as the Executive Director for LPFD, a Purchase Order with Bauer Compressors, Inc. in an amount not-to-exceed $1,430,563 for the purchase of replacement SCBA in accordance with the terms, specifications, and general provisions specified in HGACBuy contract #EE08-19 and attached hereto as Exhibits A through C, and sections 2.68.370 and 2.68.040 of the Livermore Municipal Code.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on, September 12, 2022, by the following vote:
255
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
/s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Bauer SCBA Pricing Quote
Exhibit B – MSA HGAC Cooperative Contract No. EE08-19
Exhibit C – Bauer Compressor – HGAC Contract Extension No. EE08-19 256
Pricing Quote

EXHIBIT A
257
DocuSign Envelope ID: 72E3F9E4-BEA5-4273-AOE7�FB04A9FD08 H-GAC
Houston-Ga1veston Area Council
P.O. Box 22777 · 3555 Timmons
· Houston, Texas 77227-2777
Coopet·ative Agt·eement - MSA Safety Sales, LLC - Public Services - -

GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and MSA Safety Sales, LLC, hereinafter referred to as the Contractor, having its principal place of business at 1000 Cranberry Woods Drive, Cranberry Township, PA 16066.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement;
and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE I; LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.

ARTICLE Z: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE a; INDEPENDENT CQNTRACJ'OR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H GAC in performance of the Agreement shall be construed as making the Contracto1· the agent, servant or employee ofH-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely .responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 4; WHOLE AQREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and written agreements between the. parties relating to matters herein. Except as otherwise provided he1-ein, this Agreement canMt he modified without written oonsent of the. parties.

AR'l.'JCLEA; SCOPE OF SERVICES

EXHIBIT B
258
DowSign Envelope ID: 72E3F9E4-BEAS-4273-A0E7.(l2FB04A9F008 The services to be performed by the Contractor are outlined in an Attachment to this Agreement.

ARTICLE 6; PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Aug 01 2019 and ends Jul 31 2021.

All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 15, which shall be fully executed by both parties to this Agreement.

ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.

ARTICLE 8; REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 16 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.

Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.

ARTIClE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 10: SUBCONTRACTS apd ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with any laws or regulations.

ARTICLE 11; AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to he conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or othe1· auditors designated by H-GAC and will be conducted in accordance with applicable profess.ional standards and practices, The Contractor understands and agrees that the Contractor a.hall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.

ARTICLE Ul; EXAMIHt\'.flQH OE BE.{JQ.IWa
The Contra<:tor shall maintain during the cours.e of the work complete and aoou1'ate records of all of the Contractor's CQSts and documentation of items which al'tl chargeable to H-GAC under this. Agreement.

H-GAC, thi'<lugh its staff or designated public acoounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect. copy and audit those records on or f11ge ll Qf 1

EXHIBIT B
259
DocuSign En\Hllope ID: 72E3F9E4-8EA5-4273-A0E7-62FB04A9FD08 off the premises by authorized representatives of its own or any public accounting firm selected by H GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.

ARTICLE 1a; RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE H; CHANGES AND AMENDMF.Nl'S
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must he mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall he binding upon the parties as if written herein.

ARTICLfdG: TERMINATION PBOCEDURES
The Contractor acknowledges. that this Agreement may be terminated for Convenience or Default.

A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H • GAC, by providing written notice by certified mail to the Contractm-. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Agreement upon aubmission of thirty (30) days written notice, p1-esented to H,GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. De/Quit

EXHIBIT B
260
DocuSlgn Envelope ID: 72E3F9E4-BEA5-4273-A0E7�2FB04A9FD08 H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.

ARTICLE 16.; SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.

ARTICLE 17; FORCE MAJEURE
To the extent that either party to this Agreement shall he wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 18; CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.

ARTICLE 19; FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990: (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6l07), which prohibits discrimination on the basis of age; (t) the Di•ug Abuse Office and 'l'reatme.nt Act of 1972 (P.L. 92-255), as amended, :relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-6l6), as amended, relating to the nondiscl'imination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of l 912 (42 U.S.C. 290 dd-8 and 290 ee, 3), as amended, relating to confidentiality of alcohol and dru1;1 abuse. patient records: (i) Title. VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondisc1imination in the aale, rental or financing of housing; (j) any other nondiscriminaticm µroviaions in any 11pocific statute(s} Pl\gll. Clf T

EXHIBIT B
261
DocuSlgn Envelope ID: 72E3F9E4--BEA5-4273-A0E7-62FB04A9FD08 applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1261 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a • 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ABTJCLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to perform services under this Agreement.

ARTICLE 21; INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will ff.GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.

Contractor agrees, to the extent permitted by law, to defend and hold harmless H·GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (in<:luding reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.

ARTICLE 22: LIMITATION OF CONTRACTOR,S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is iimited to the price of the particular products/sel'vices sold hereundel', and Contractor agrties either to refund the purohase l)l'ice or to repail' or replace product(s) that ru-e not as warranted. In no event will Contl'actol' be liable for any loss of use, loss of time, inoonvenience., commercial Joss, loss of profits or savings or other incidental, special or cons.equent.ia] damages to the ful1 extent 9,uch use may be disclaimed by law, Contractm· understands and agt-ees that it shall be liable to repay and shall repay upon demand to

EXHIBIT B
262
DocuSign Envelope ID: 72E3F9E4-BEAS-<1273-A0E7-62FB04A9FD08 END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

ARTICLE 21; rm :ES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.

ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product ofH-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director ofH-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, ifit elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision.

MT,ICLE 26; CHOICE OF LAW; VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 37; ORDER OF Plffl)RITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.

EXHIBIT B
263
OocuSign Envelope 10: 72E3F9E4-BEA5-4273-A.0E7-62FB04A9FD08 SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:

MSASIE· LLC
� ·J.,, Signature {µ.ci
011814E3A�
Name Eleni Lucido
Title President
Date 7/12/2019
-�
H-GACl- Doc:uSigned t.v
Signatu (,,
82!,C,7005061423
Name Chuck Wemple
Title Executive Director
Date 7/11/2019

EXHIBIT B
264
DocuSign Envelope ID: nE3F9E4-BEA5-4273-A0E7-62FB04A9FD08 H-GAC
Houston-Gah·eston Area Council
P.O. Box 22777 · lSSS Timmons · Houston, Texas 77227-2777 Cooperative Agreement - MSA Safety Sales, LLC
- Public Services -

SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.

ARTICLE 2: END USER AGREEMENTS {"EUA ")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affmns that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and tenns to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten ( I 0) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or tenns to H-GAC and its END USER as provided in its most favorable past agreement.

H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or tenn that was charged or offered to another entity during the tenn of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten ( 10) business days, notify H-GAC in writing, setting forth the detailed Nasons Contrac:tor believes the aforesaid offer is not in fact most favored treatment.

H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation and thereupon this AgNement between H-GAC and Contractor shalt be automatically amended, effective retroactively, to the effective date of the most favored agreement1 to provide the same prices, warranties, :Page 1 Qf 4

EXHIBIT B
265
DocuSign Envelope ID: 72E3F9E4-BEA5-4273-A0E7-e2FB04A9FD08 benefits, or terms to H-GAC and the END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustme11ts offered by a bidder.

Proposer or contractor, which are nol within bidder's/proposer's control [example; a manufach1rer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the tenns of this Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER 's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members ofH-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement tennination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an ENO USER purchase order is placed, to dete1mine tenns for any liquidated damages, ARTICLE 8; INSURANCE
Unless othc1wisc stipulated in Section 8 of the B id/Proposal Spccificntions. Contractor mu�t have thQ following insurance und covemge minimums:
u. Gcncrul UobUlt�• immmnce with tt Single Occunence limit of ttt least $ I .000.000.00, and t\ Geneml Pt\t1e a of 4

EXHIBIT B
266
DocuSign Envelope ID: 72E3F9E4-BEA5-4273-A0E7-62FB04A9FD08 Aggregate limit of at least two times the Single Occurrence limit.

Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit ofat least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.

Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be canied in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event. this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in eftect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereot: plus the number of days/months required to deli\>er any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimwn insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accw-acy,
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Perfonnance & Payment Bond (PPB); therefore, Contractor shall off er pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order ifso requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB. and agrees to furnish the PPB within ten business ( 10) days of receipt of END USER's purchase order.

ARTICLE 10; CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to detennine whether or not such change is acceptable, and to detennine what action shall be warranted, up to and including cancellation of Agreement.

ARTICLE 11; TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are rc:quired by the Texas Motor Vehicle Commission Code, If at any time during this Agreement term, any required Contracto..- license is denied, rc:voked, or not renewed, Contracto..- shall be in defa\llt of this Agreement, unless the Texas Motor Vehicle Page S of 4

EXHIBIT B
267
DocuSign Envelope ID: 72E3F9E4-BEA5-4273-A0E7-62FB04A9F008 Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

EXHIBIT B
268
Attachment A
MSA Safety Sales, LLC
Emergency Medical & Rescue Equipment
Contract No.: EE0S-19
Product Base
Code Mfg. Model & Description Offered
Price
EE19ACA MSA MSA 2019 US Suggested List Price Book (Effective Jan I, 2019) 15% EE19HDA MSA MSA 2019 US Suggested List Price Book (Effective Jan l, 2019) 5% EE19LVA MSA Fire and Rescue Helmets-Effective 0 I /I 512019 15%

EXHIBIT B
269
DocuS.gn Envelope ID: 2A69E497-0CD6-484A-8762-33563EC41445

CONTRACT ASSIGNMENT AND ASSUMPTION AGREEMENT
This Contmct Assigmnent nnd Assumption Agreement is mndc b)• nnd �tween the Houston-Gnh•cston Area Couudl of Go,•u·umeuts (H-GAC), MSA Snfet)' Snles , LLC (Coutmetor) nnd Dnue1· Com1u·csso1·s, Inc (Assignee).

WMEREAS, Contrnctor entered into n cooperative purchasing Contract, identified ns EE0S-19, with H-GAC for the snlc of Emergency Medlc:ul nnd Rescue Equipment to various End User govemmentnl agencies pnrlici1mting in H-GAC's Coopemtive Purchnsiug Program; nnd WI IEREAS, Coutrnctor assigns the perfonmmce of its obligations under the Contmct to Assignee tor cooperative purchnsing business in s1>ecific nrcns (per nttnchcd lnfonuntion Sheet); and WIIEREAS, Assignee shall perform as sti1mlnted in the original Contmct (n COl)Y of which is nttuched hereto) nnd com1>ly with all the terms and conditions set forth the.-cin; nnd WHEREAS, Contrnctor will continue ns originnlly contracted with H-GAC; and NOW THEREFORE, Assignee ngrees lo acccpl this assignment, nnd H-GAC concurs.

Unless otherwise noted, this Agreement goes into ellect on the date signed by 11-GAC. All other terms nnd conditions of lhe Contmct shnll .-emnin unchanged nnd in 1\111 fo.-ce and eflect.

IN WITNESS WHEREOF, the parties hnve caused this Contract Assignment nnd Assmu1llio11 Agreement to be executed by their respecti\le duly nulhorizcd rcpresenlntivcs.

Signed 1<.1r Houstou-Gnl\'eston At·en Council:

Chuck Wemp c, �-.: . , 1 re· Director
9/19/2019
Dnte
Signed for MSA Snl'el�• Snles1 LLC -;.,,,i�f'-�--
('rnubcny 'fownshill, Pcuusyl\lnnin:_...,.,,..,.... __ ...,.,"-'.'"" __ _ (Sign11ture of Contrnct01·) Dnte: ---
Michns:I J. 'l)lillon, Mnnnycr, NA Snb;s Clumuels
l'rintcd Name & Title
Sinned ltn· Bl\Ulll' Cum1n�SllOl'S, h\C, . A -- ., _ )- 10 tc::.:.:.� · n ,,.- AUGUS'l.1 27, 2019 Nurfolk, Vil)Ahtht: -----------�-Dute: _____ _ (Si111111\1t-e of Assigm,-c)
'l'IM MCGUIR�, BHANCH MANI\Glm
ll.-inte<I Nnmc & Title

EXHIBIT B
270
0ocuS19n Envelope ID: 9679E090-414C-4F83-BB1B-EE5F77D0EFBA AMENDMENT No. I to CONTRACT No. EE0S-19
For
Emergency Medical & Rescue Equipment
Between

HOUSTON-GALVESTON AREA COUNCIL
And
Bauer Compressors, Inc
THIS AMENDMENT modifies the above referenced Contract as follows:

This contract is extended through July 31, 2022 Midnight CT.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for Houston-Galveston Area Council,
Houston, Texas
Signed for: Bauer Compressors, Inc
Printed Name & Title:
ive Director
Date: 6/24/2021
OocuSlgned by;
Tim McGuire BRANCH MANAGER
Date: 6/23/2021 --------------
Revised 6 1 18

EXHIBIT B
271
____________ Product " _ ___ ____ _ ___ _ _ __ ___ ___ I 0 o off List Price �

SELF-CONTAINED BREATHING APPARATUS (SCBA)
G l SCBA Facepieces
Gl SCBA Cylinders
G 1 SCBA Rescue Belt II System
G 1 SCBA Accessories
MSAHUB
Emergency Breathing Systems
Gl PremAire Cadet Escape Respirator
SCBA Accessories
SCBA Key Components
Rescue Aire II Portable Air-Supply System
G 1 RIT System
Technical Rescue Cart
Cleaning Accessories
Other SCBA Accessories
Thermal Imaging Camera
Charging Kits
Accessories
Video Transmission Receiving Systems

GAS DETECTION
Gas Detector
Kits
Accessories
Gravity Suspension Harness
Rescue Equipment
Hoie: lhls 8ull,tin cont.I Ins only a g,neral description of the produru shown. While product us.., •nd perfo,rnance capabHltles are generally d,scnbed, the products shall not, under any clrcumstancos. be used by untrained or unquallfied Individuals_ Th• products shall not be used unUI the product lnsuuctlons/ustr manual, which contains detaled inlormatlon conwning the prop,r use and care o{ the products, lndudlng any warnings or cautions, ha� bttn thoroughly read <1rid understood. Specifications are subjoct to change without prior notice.
l5%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
5%
5%
5%
5%
15%
15%
15%
MSA operates in over 40 countries
worldwide_ To find an MSA office near you,
please visit MSAsafety.comlofflces.
6001·443-Mcio1.2o21
WHEN YOU GO IN WE GO IN WITH YOU. ,,::,-•,fire .. ,�·:. l --- ··---

EXHIBIT B
272
DocuS;gn Envelope ID: 2A69E497-0CD6-4B4A-8762-33563EC41445 Inf ormatio11 Sheet
Asslg11ee:

Baue1· Compressot·s, Inc
Contact Pe1·son:

Name: Tim McGuire
Title: Branch Manager
TEL: (925) 449-72 J 0
Fax: (925) 449-720 I
EMAIL: [email protected]
Addl'ess:
1328 Azalea Garden Road
Norfolk, VA 23502
TeJTitm·x:

Stales ofCnlifomia und Nevudn

EXHIBIT B
273
Tim McGuire
From:

Sent:

To:

Cc:

Subject:

Attachments:

Tim
Freeman, Yolanda <Yolanda.Freeman@h gac.com>
Wednesday, September 25, 2019 12:30 PM
Tim McGuire
Scott McGuire; Metty, Tammy
Executed assignment to Bauer by MSA-EE08-19
A1907160959253514064.pdf; A1909250918034692646.pdf
Enclosed is one completely executed contract assignment agreement for the Assignment of Bauer Compressors, Inc. by MSA Safety Sales, LLC. Please visit our website at: www.hgacbuy.org to schedule your vendor orientation. Should you require further information concerning this contract, please call me at 832-681-2581.

Regards
Yolanda Freeman
Program Specialist
H-GAC Cooperative Purchasing Program
TEL: 832-681-2581
FAX: 713-993-2424
cpcontractorfax@:h-gac.com
[email protected]

EXHIBIT B
274
DocuSign Envelope ID: C 759826D-AE8E-4F31-A680-AAEE 111 BA8B0 AMENDMENT No. 2 to CONTRACT No. EE0S-19
For
Emergency Medical & Rescue Equipment
Between

HOUSTON-GALVESTON AREA COUNCIL
And
Bauer Compressors, Inc
THIS AMENDMENT modifies lhe above referenced Contract as follows:

This contract is extended through July 31, 2023 Midnight CT.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other tenns and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for Houston-Galveston Area Council,
Houston, Texas
Signed for: Bauer Compressors, Inc
Printed Name & Tille:
l DocuSlgned by:
8�5081�25
Chuck Wemple, Executive Director
6/27/2022
Date:

Tim McGuire BRANCH MANAGER
6/27/2022
Date: --------------
Renscd 6 1.18

EXHIBIT C
275

CITY COUNCIL STAFF REPORT
ITEM NO. 4.12

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000.

RECOMMENDED ACTION

SUMMARY
This general fund agreement with CityServe of the Tri-Valley will provide operational security to support additional crisis stabilization and intervention services for Livermore residents experiencing homelessness or on the verge of becoming homeless. In order to meet the needs of some of the most vulnerable residents, CityServe will provide street outreach, weekly pop-up events, crisis management, comprehensive care coordination, and action planning for clients.

DISCUSSION
In 2018, the Council appointed Councilmembers Carling and Munro to the City Council Subcommittee on Homelessness to develop a Strategic Framework to address short-, medium-, and long-term strategies.

The Subcommittee work plan included a series of community meetings with presentations from experts and service providers to expand community dialogue around homelessness issues and to discuss potential program strengths, challenges, and resources.

The Council’s Subcommittee on Homelessness recommended several pilot programs which included CityServe of the Tri-Valley's (CityServe) to provide intervention services to Livermore unsheltered residents. Some of the services that CityServe of the Tri-Valley provides include, but are not limited to, 276
critical comprehensive care coordination, crisis intervention, case management, street outreach, assistance with acquiring vital documents to enroll in or retain public benefits and maintain housing, and access to medical and mental health services.

The initial funding was provided by the state’s Homeless Emergency Aid Program (HEAP) administered by Alameda County. On November 4, 2019, the City entered into an agreement with CityServe of the Tri- Valley utilizing a one-time allocation of HEAP funds in the amount of $494,870. This funding provided crisis stabilization and case management services for 169 individuals, which included 144 unduplicated households, of whom 106 were unsheltered, and 38 were sheltered. CityServe also provided emergency hotel assistance to 43 individuals and rental assistance to 34 individuals.

On July 31, 2020, the City entered into a First Amendment to its initial general fund agreement with CityServe in the amount of $92,850 to provide additional and continued resources, including case management and emergency hotel vouchers for medically fragile individuals.

On February 11, 2021, the City entered into two agreements with CityServe of the Tri-Valley utilizing federal Community Development Block Grant Programs (CDBG)-Covid funds in the amount totaling $300,000 to provide crisis stabilization, intervention services, and emergency subsidies for 140 unsheltered Livermore residents.

In addition to crisis stabilization and intervention services, CityServe plays a critical role in the coordination of services among Tri-Valley service providers. Currently, they conduct weekly outreach efforts with Livermore Police Department’s Homeless Liaison officers to offer services to the unsheltered.

They are also partnering with Open Heart Kitchen to provide an outreach specialist with unsheltered food delivery services. These non-traditional outreach efforts allow CityServe to make additional contact with their clients in the community. Their coordination efforts also played a vital role in the recruitment of volunteers for the 2022 Alameda County homeless Point in Time Count.

The proposed agreement will fund CityServe's ongoing efforts through June 30, 2023, and provide the resources needed to support outreach, crisis intervention, connection, care and/or resourcing to stabilize additional Livermore residents who are experiencing homelessness or at risk of becoming homeless. As the need continues to increase in the community, we anticipate the demand for these funds to continue, and staff will look at adding the line item when developing the next budget.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for this agreement is included in the Housing and Human Services General Fund program budget for FY 2022-23.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement with CityServe of the Tri-Valley

Prepared by: Josh Thurman
Human Services Program Manager

277

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH

CITYSERVE OF THE TRI-VALLEY TO PROVIDE CRISIS STABILIZATION AND

INTERVENTION SERVICES TO UNSHELTERED LIVERMORE RESIDENTS IN THE AMOUNT NOT TO EXCEED $134,000
CityServe of the Tri-Valley provides essential crisis stabilization and intervention services to Livermore’s unsheltered population and CityServe plays a critical role in the coordination of services amongst Tri-Valley service providers.

On November 4, 2019, the City entered into an agreement with CityServe of the Tri-Valley utilizing a one-time allocation of Homeless Emergency Aid Program (HEAP) funds. This funding provided crisis stabilization and case management services for 169 individuals, which included 144 unduplicated households of whom 106 were unsheltered and 38 were sheltered. CityServe also provided emergency hotel assistance to 43 individuals and rental assistance to 34 individuals.

On June 26, 2020, due to the COVID-19 pandemic, the City entered into an agreement with CityServe of the Tri-Valley to provide case management and emergency hotel vouchers to 20 medically fragile individuals.

On July 31, 2020, the City entered into a First Amendment agreement to provide additional resources to continue providing case management and emergency hotel vouchers for medically fragile individuals.

On February 11, 2021, the City entered into two agreements with CityServe of the Tri-Valley, utilizing federal CDBG-COVID funds to provide crisis stabilization and intervention services for 140 unsheltered Livermore residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore hereby authorizes the City Manager, or her designee, to sign on behalf of the City of Livermore the agreement with CityServe of the Tri-Valley, attached hereto as Exhibit A, in an amount not to exceed $134,000.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
279
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Jason Alcala Marie Weber Jason Alcala City Clerk City Attorney
Exhibit A - CityServe of the Tri-Valley Agreement
280

EXHIBIT A
281

EXHIBIT A
282

EXHIBIT A
283

EXHIBIT A
284

EXHIBIT A
285

EXHIBIT A
286

EXHIBIT A
287

EXHIBIT A
288

CITY COUNCIL STAFF REPORT
ITEM NO. 4.13

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a standard agreement with the State of California to receive $581,440 from the
Family Homelessness Challenge Grant, appropriating the
grant funds for award to the Livermore Housing Authority to support unhoused families, and authorizing the City Manager to negotiate a subrecipient agreement between the City and the Livermore Housing Authority for the grant funds.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to execute the Standard Agreement between the City of Livermore and the State of California to secure the Family Homelessness Challenge Grant; 2 .

Appropriating up to $581,440 in Family Homelessness Challenge Grant funds to the Livermore Housing Authority for a grant to implement the Project; and 3 .

SUMMARY
On June 27, 2022, the State of California awarded the City of Livermore (City) $581,440 in Family Homelessness Challenge Grant Funds for a collaborative program to set aside twelve (12) vacant units at Leahy Square Apartments with supportive services for unhoused students in the Livermore Valley Unified School District and their families. The proposed program will provide unhoused families with the robust support needed to stabilize and navigate the multi-year process of accessing permanent housing, including case management, service coordination, behavioral health services and permanent housing navigation.

The City and Livermore Housing Authority (LHA) are working with local providers and the Livermore Valley Joint Unified School District to design the program and identify tenants for the twelve vacant units.

As the property owner, the Livermore Housing Authority will assume the primary responsibility for 289
selecting tenants, engaging a provider of intensive case management services and managing the property. The City would act as the grant recipient and pass through the funds to LHA. Staff recommends City Council authorize the City Manager to execute the standard agreement with the State of California as well as develop and approve a subrecipient agreement with the Livermore Housing Authority, in a form approved by the City Attorney, to implement the grant.

DISCUSSION
On August 11, 2021, the City of Livermore (City) released a Request for Information (RFI) seeking potential partners for the submittal of future funding applications for projects that create housing for people experiencing homelessness. One of the responses received was from the Livermore Housing Authority (LHA) to dedicate vacant units at Leahy Square Apartments for people experiencing homelessness.

Leahy Square Apartments (Leahy Square) is a 125-unit affordable housing site owned and operated by the Livermore Housing Authority. Units in Leahy Square vary in size from one to five bedrooms, providing the ability to house larger families with children as well as multigenerational families. The City and Livermore Housing Authority have designed a supportive bridge housing program that would address City Council’s affordable housing and homelessness goals and priorities by dedicating vacant units at Leahy Square for households experiencing homelessness.

In 2021, the State of California created the Family Homelessness Challenge Grant Program which provides funding to local agencies and jurisdictions across the state to develop new, coordinated efforts to house and support families with the goal of making families’ experiences of homelessness rare, brief and one-time. The program is administered by the California Interagency Council on Homelessness (Cal ICH) which is part of the State of California’s Business, Consumer Services and Housing Agency.

Program requirements for grantees include expending all grant funds by June 30, 2024, applying the core components of a Housing First approach to addressing homelessness and incorporating the perspective of people with lived experience in the program design.

On June 27, 2022, Cal ICH awarded the City of Livermore $581,440 to fund a program that would set aside twelve (12) vacant units at Leahy Square and provide supportive services for unhoused students in the Livermore Valley Unified School District and their families. Livermore is one of ten other communities across California to receive this competitive award.

The City and Livermore Housing Authority are working with local providers and the Livermore Valley Joint Unified School District to design the program and identify tenants for the twelve vacant units. The proposed program will help re-house students attending Livermore schools and provide their families with the interim housing and robust support needed to stabilize and navigate the multi-year process of accessing permanent housing. Examples of the tenant-centered, trauma-informed and culturally relevant services that will be offered include case management, service coordination, behavioral health services and permanent housing navigation. Once families find and move into permanent housing, the assisted units will become available for new families experiencing homelessness.

The rents that unhoused families can afford to pay is projected to be 15% of the area median income, which is significantly less than the rental revenue the Livermore Housing Authority will be collecting for other units at Leahy Square funded through other sources. Therefore, grant funds would be used to establish a capitalized operating reserve to support and maintain the desired affordability for participating 290
units for a period of ten years. The Cal ICH grant will also fund four years of intensive case management services for households participating in the program. The Livermore Housing Authority is developing a plan to contribute other funding towards the program’s capitalized operating reserve to ensure the services and affordability of rents are maintained for an operating period of ten years. The City is not required to contribute local matching funds to the project, but staff is working with the Livermore Housing Authority to identify other federal and state funding sources that could enhance or extend operation of the program.

As the property owner, the Livermore Housing Authority will assume the primary responsibility for selecting tenants, engaging a provider of intensive case management services and managing the property. As the grantee, the City will disburse awarded funds to the LHA to fund the capitalized operating reserve and reimburse LHA for intensive case management costs. In addition to accepting the funds from the State and entering into the Standard Agreement, staff recommends that City Council authorize the City Manager to develop and execute, subject to form approval by the City Attorney, a subrecipient agreement outlining the State program requirements and funding conditions with which the LHA will comply.

FISCAL AND ADMINISTRATIVE IMPACTS

Upon entering into a Standard Agreement with the State, the City would be eligible to draw $581,440 in Family Homelessness Challenge Grant Funds for the purposes described in the City's application and would subsequently enter into a subrecipient agreement to disburse the awarded funds to the Livermore Housing Authority. The City would administer the grant reporting and ensure that the funds are directed towards the costs of providing supportive services and deeply affordable rents for low-income households experiencing homelessness. No local City matching funds are required for the grant. The City is working with the LHA to develop a program budget and identify other state and federal funding sources that could enhance or extend the program.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Grace Streltzov
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE

EXECUTION OF A STANDARD AGREEMENT WITH THE STATE OF
CALIFORNIA FOR THE CITY OF LIVERMORE TO RECEIVE $581,440

FROM THE FAMILY HOMELESSNESS CHALLENGE GRANT,

APPROPRIATING THOSE FUNDS FOR AWARD TO THE LIVERMORE

HOUSING AUTHORITY TO SUPPORT UNHOUSED FAMILIES, AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE A

SUBRECIPIENT AGREEMENT BETWEEN THE CITY AND THE

LIVERMORE HOUSING AUTHORITY FOR THOSE GRANT FUNDS
The State of California has established the Family Homelessness Challenge Grant Program (the “Program”) pursuant to Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code (HSC). (Amended by Stats. 2021, Ch. 111, Sec. 14. (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”). The Program provides one-time grants and technical assistance to support local jurisdictions and Continuums of Care in their response to address and end homelessness.

In response to a Request for Information issued by the City of Livermore on August 11, 2021, the Livermore Housing Authority submitted a proposal to dedicate units at Leahy Square Apartments (the “Property”) for people experiencing homelessness.

The Agency issued a Request for Funding Applications, dated March 1, 2022 (“RFA”), for the Program. The City of Livermore applied for Program funds to provide unhoused students and their families with bridge housing at the Property, supportive services, and housing navigation (the “Project”).

On June 27, 2022, Cal ICH awarded the City of Livermore $581,440 in Program funds. The Agency requires the City of Livermore to enter into the Standard Agreement (“Standard Agreement”) attached as Exhibit A to this Resolution to execute the funding award.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The City Manager, or her designee, is authorized to execute the Standard Agreement attached as Exhibit A to this Resolution between the City of Livermore and the State of California to receive $581,440 from the Family 292
RESOLUTION NO. ________
Homelessness Challenge Grant, all other related documents authorized and described in that agreement, and all amendments thereto.

2. The appropriation of the Family Homelessness Challenge Grant funds received from the State to be awarded to the Livermore Housing Authority for a grant to implement the Project.

3. The City Manager, or her designee, is authorized to negotiate, develop and execute all documents related to the issuance of Family Homelessness Challenge Grant funds to the Livermore Housing Authority, including a subrecipient agreement subject to the City Attorney’s approval as to form, and authorizing the City Manager to take the actions necessary to carry out the purpose and intent of this resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Standard Agreement
293

2. The term of this Agreement is:

EXHIBIT A
294

EXHIBIT A
295
Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1) Authority
The State of California has established the Family Homelessness Challenge Grant Program (“FHC” or “Program”) pursuant to Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code (HSC). (Amended by Stats. 2021, Ch. 111, Sec. 14. (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”). FHC provides one-time grants and technical assistance to support local jurisdictions and Continuums of Care in their response to address and end homelessness. In all, $30 million will be distributed across a minimum of two rounds of funding. This Standard Agreement is for Round 1 of the FHC funds totaling $15 million (FHC-1).

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by the Agency and a Continuum of Care, a city, or a county (“Grantee”) under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Agency guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2) Purpose
The general purpose of the Program is to provide one-time grants and technical assistance to local jurisdictions to address and end family homelessness. This funding shall give preference to proposals that:

1. Promote rapid innovation, accelerate nascent programs, expand promising practices, and meet new demands and conditions for solutions targeted towards ending family homelessness.

2. Can demonstrate cross-systems collaboration, multi-funder initiatives, and innovative efforts that coordinate across funding streams and systems.

EXHIBIT A
296
3) Definitions
The following Family Homelessness Challenge Grants Program terms are defined in accordance with HSC Section 50255, subdivisions (a) – (h); (a) “Applicant” means a con tinuum of care, city, or county. (b) “Continuum of care” has the meaning provided in Section 578.3 of Title 24 of the Code of Federal Regulations as that section read on May 1, 2021. (c) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council, created pursuant to Section 8257 of the Welfare and Institutions Code. (d) “County” includes, but is not limited to, a city and county. (e) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2018. (f) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (g) “Program” means the Family Homelessness Challenge Grants and Technical Assistance Program established pursuant to this chapter. (h) “Recipient” means a jurisdiction that receives funds from the council for the purposes of the program.

Additional definitions for the purposes of the FHC-1 program:

“Grantee” is synonymous with “Recipient”

“Subrecipients” or “subgrantees” are entities that receive subawards from “recipients” or “grantees” to carry out part of the Program.

“Expended” means all FHC-1 funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.

4) Scope of Work

a) This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

The Program has two, interdependent objectives. First, grantees will implement FHC-1 funded local demonstration projects. Second, in close partnership with Grantees, Agency will evaluate the manner and outcomes of this implementation. Those learnings will be shared across the state. The technical assistance portion of this program is a fundamental component of

EXHIBIT A
297
achieving these objectives. To this end, Agency intends to pursue two contracts in support of these objectives; one will support grantees in achieving the first objective and the second will support the state in achieving the second objective.

b) Grantees will implement their FHC-1 funded local demonstration projects as described in their application. Any material deviation from the proposal described in the application must be approved by Agency through the Budget Change process described in Exbibit B.3. Furthermore, Gr antees will implement their FHC-1 funded program in compliance with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Agency guidance or directives, and the requirements per the authorizing statute.

Per
missible eligible uses and activities are detailed below in Exhibit B, Budget Details and Expenditure of Funds.

c) Because of the legislative intent to share scalable and replicable family homelessness models:
• Information about the program submitted through reporting and provided through TA reports will be public information that Agency will use to disseminate learnings and successful models to be replicated and scaled across the state.
• Grantees are expected to be close partners with Agency. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, and materials.

d) Quarterly reporting requirements are detailed below in Exhibit D.4. Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of Agreement, and Deadlines.

Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of FHC-1 awards. To support this effort, the Agency will make technical assistance support available.

e) Agenc
y maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Agency’s discretion in making these determinations are absolute and final.

EXHIBIT A
298
5) Agency Contract Coordinator
The Agency’s Contract Coordinator for this Agreement is the Council’s Grant Development Section Chief or the Grant Development Section Chief’s designee.

Unless otherwise instructed, any communication shall be conducted through email to the Agency Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, BCSH shall accept wet or original signed documents.

These documents containing wet signatures should be both mailed to Agency and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents.

The Representatives during the term of this Agreement will be:

PROGRAM  GRANTEE
ENTITY:  Business Consumer Services and
Housing Agency    City of Livermore
SECTION/UNIT:  California Interagency Council on
Homelessness (Cal ICH)
ADDRESS:  801 Capital Mall, 6th floor
Sacramento, CA, 95814
1052 S Livermore Avenue
Livermore, CA 94577

CONTRACT
COORDINATOR:  Jeannie McKendry   Fran Reisner
PHONE
NUMBER:  (916) 510-9446    (925) 960-4583
EMAIL
ADDRESS:

[email protected] and
[email protected] [email protected]

The Council reserves the right to change their Agency Contract Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emai
led to the Cal ICH grant’s general email box at [email protected].

6) Effective Date, Term of Agreement, and Deadlines

a) This Agreement is effective upon execution by Agency. This is indicated by the Agency provided signature and date on the second page of the accompanying STD. 213, Standard Agreement. Note, Agency signs the Agreement after a Grantee signs.

b) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

EXHIBIT A
299
c) This Agreement will terminate on March 31, 2027.

Gr
antees shall submit a Final Work Product by September 30, 2026. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH.

Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2027.

Grantees are expected to continue performing until March 31, 2027. This means timely and accurate reporting, candid communication of success and challenges, and availability of persons, information, or materials.

d) Expenditure Deadlines:

i. Pursuant to HSC § 50258 (b), Grantees shall expend no less than 50 percent of FHC-1 funds by June 30, 2024. If less than 50 percent of the award is expended on June 30, 2024, grantees shall return to the council no less than 25 percent of their total allocation amount for reallocation by the council during subsequent rounds of funding. The repayment amount shall be determined by the council based on its evaluation of the circumstances behind the failure to expend the allocated funds in compliance with this section.

ii. All Program funds (100 percent) shall be expended June 30, 2026.

Any funds not expended by June 30, 2026, shall be returned to the General Fund pursuant to HSC § 50258 (e).

7) Special Conditions

Agency maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Agency’s discretion in making these determinations are absolute and final.

EXHIBIT A
300
Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement

EXHIBIT B

BUDGET DETAIL and DISBURSEMENT PROVISIONS

1. General Conditions Prior to Disbursement

All Grantees must submit the following completed forms prior to round 1 of the Family Homelessness Challenge (FHC-1) funds being released:
• Request for Funds Form (“RFF”)
• STD 213 Standard Agreement form and initialed Exhibits A through E • STD 204 Payee Data Record or Government Agency Taxpayer ID Form

2. Disbursement of Funds

FHC-1 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller’s Office (SCO).

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended. The FHC-1 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.

3. Budget Details and Expenditure of Funds

The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Agency reserves the right to direct specific line-item changes in submitted standardized budgets.

To ensure efficient and reliable processing, grantees shall submit budget change requests through a designated submission portal (i.e., currently Cognito, though subject to change). These requests will be reviewed in the first week of each month.

Failure to submit by 5 pm on the 1st day of the month subjects a Grantee to having their budget change request being reviewed the following month. Agency may consider budget change requests outside of this timeline and through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Agency reserves the right to amend or adjust this process as necessary.

EXHIBIT A
301
a) Budget Changes
Any decrease or increase to the total expenditures for any eligible use cat
egory must be approved by the Council’s Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or their designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal changes that alter the scope of the project proposal should be submitted to Agency for approval.

These eligible uses and activities must be consistent with HSC Sections 50255 – 50259, other applicable laws, the terms and conditions of this Agreement, Agency guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

b) Eligible Uses and Activities include, but are not limited to, the following:

Rapid rehousing, including housing identification, rental subsidies, and incentives to landlords, such as security deposits and holding fees for eligible families, housing search assistance, rapid re-housing case management and services.

Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

Street outreach to assist eligible families to access crisis services, interim housing options, and permanent housing and services.

Services coordination which may include access to workforce, education, and training programs, or other services needed to promote housing stability for eligible families, as well as direct case management services being provided to families.

Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that makes families’ experiences of homelessness rare, brief, and/or one-time.

EXHIBIT A
302
Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible families.

Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people from losing their housing and/or from needing to enter emergency shelter/interim housing or becoming unsheltered.

Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible families.

Improvements to existing emergency shelters to lower barriers and increase privacy, better address the needs of eligible families, and improve outcomes and exits to permanent housing.

Residual, any eligible use or activity that does not otherwise fit into one of the categories detailed above but that the proposal can clearly identify as beneficial to the objective of this program for the eligible population.

In addition to the funding use requirements described above, the Grantee’s expenditure of its entire FHC-1 allocation must also comply with the following:

Not more than 5 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.

c) P
rogram funds shall not be expended on Ineligible Costs as detailed immediately below.

4. Ineligible Costs
FHC-1 funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50255 – 50259, other applicable laws, the terms and conditions of this Agreement, Agency guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

a) Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of FHC-1 fund expenditures.

EXHIBIT A
303

b) Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use FHC-1 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency at an amount and timeframe determined by Agency.

c) An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Agency by the Grantee at an amount and timeframe determined by Agency.

d) Program funds shall not be used to supplant existing local funds for homelessness housing, assistance, or prevention.

e) Unless expressly approved by Agency in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

EXHIBIT A
304
Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement

EXHIBIT C

STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS

This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:

https://www.dgs.ca.gov/-/m
edia/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052 D2

In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.

EXHIBIT A
305
Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement

EXHIBIT D

GENERAL TERMS AND CONDITIONS

1) Termination and Sufficiency of Funds

a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of Agency’s expenditure authority.  Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency’s specified date of termination.

b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2) Transfers

Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12. (Speci al Conditions – Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.

3) Grantee’s Application for Funds

Grantee submitted a budget to Cal ICH as part of their application for the Program. Grantee warrants that all information, facts, assertions, and representations contained in the application and budget and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application and any approved modification and addition thereto is

EXHIBIT A
306
untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4) Reporting, Evaluation, and Audits

a) Reporting Requirements

i. Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded project.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination. Grantees will be required to provide:

• Client service data and housing status of persons served; • Status of funding as presented in the Cal ICH approved, standardized budget; and
• Continued confirmation that projects receiving FHC-1 funds are populated timely into HMIS and use Cal ICH supplied funding codes.

Agency’s discretion in identifying which information shall be included in these reports is absolute and final.

Pursuant to HSC Section 50259, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

ii. The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 60 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.

iii. If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

b) Evaluation
i. Grantees shall participate in a program evaluation regarding their implementation of FHC-1 awards. To support this effort, the Agency

EXHIBIT A
307
will contract a third party to complete the evaluation. Grantee agrees to accept evaluation assistance as directed by Cal ICH or by a contracted provider acting on behalf of Cal ICH.

ii. Grantees are expected to be close partners with Agency for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Agency or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Agency or its designee.

iii. For
the purpose of evaluation, Agency or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Agency will comply with Grantee’s site visit terms during any site visits.

iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.

v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.

vi. All terms and conditions that apply to reporting similarly apply to evaluation.

c) A
uditing

Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant.  Should an audit be required, the Grantee shall adhere to the following conditions:

i. The a
udit shall be performed by an independent certified public accountant.

ii. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the

EXHIBIT A
308
audit shall allow access by Agency to the independent auditor's working papers.

iii. The Grantee is responsible for the completion of audits and all costs of preparing audits.

iv. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report.

5) Inspection and Retention of Records

a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Family Homelessness Challenge Grant and Technical Assistance Program laws, Agency guidance or directives, and this Agreement.

b) Re
cord Retention
The Grantee further agrees to retain all records described in subparagraph a for a minimum period of five (5) years after the termination of this Agreement.  If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

6) Breach and Remedies

a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee’s failure to comply with the terms or conditions of this A
greement.

ii. Use of, or permitting the use of, FHC-1 funds provided under this Agreement for any ineligible activities.

EXHIBIT A
309

iii. Any failure to comply with the deadlines set forth in this Agreement.

b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may:

i. Conduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.

ii. Bar the Grantee from applying for future FHC funds;

iii. Revoke any other existing FHC award(s) to the Grantee;

iv. Require the return of any unexpended FHC Grant funds disbursed under this Agreement;

v. Require repayment of FHC Grant funds disbursed and expended under this Agreement;

vi. Require the immediate return to Agency of all funds derived from the use of FHC Grant funds

vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with FHC Grant requirements.

c) All remedies available to Agency are cumulative and not exclusive.

d) Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7) Waivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions.

EXHIBIT A
310
8) Nondiscrimination

During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5).  Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9) Conflict of Interest

All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions,

EXHIBIT A
311
planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve- month period prior to his or her leaving State service.

c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.).

d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.

10) Drug-Free Workplace Certification

Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:

i. The dangers of drug abuse in the workplace;

ii. Grantee’s policy of maintaining a drug-free workplace;

EXHIBIT A
312
iii. Any available counseling, rehabilitation, and employee assistance program; and

iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:

i. Will receive a copy of Grantee’s drug-free policy statement, and

ii. Wi
ll agree to abide by terms of Grantee’s condition of
employment or subcontract.

11) Child Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

a) The
Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and

b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12) Special Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shal l be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of FHC-1 funds. Failure to comply with these conditions may result in termination of this Agreement.

The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:

EXHIBIT A
313

i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

ii. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.

iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

iv. Agree to include and enforce all the terms of this Agreement in each subcontract.

13) Compliance with State and Federal Laws, Rules, Guidelines, and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the FHC program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request.

14) Inspections

a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.

b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

EXHIBIT A
314

c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15) Litigation

a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency.

EXHIBIT A
315
Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS

1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Agency.

2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track FHC funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate FHC specific funding sources and project codes in HMIS).

3) Gr
antee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System, for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by HSC Section 50259. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section

56.05 of the Civil Code. The Council may, as required by operational necessity, amend, or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to their local HMIS and which gets reported to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant objective.

EXHIBIT A
316
5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

EXHIBIT A
317

CITY COUNCIL STAFF REPORT
ITEM NO. 4.14

DATE:

September 12, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Meeder Public Funds, Inc. for investment management services in an amount not-to-exceed $330,000.

RECOMMENDED ACTION

SUMMARY
The City of Livermore (City) staff currently manages the investment of its pooled portfolio, which as of June 30, 2022, totaled approximately $352 million. Of this amount, approximately $70 million was invested with the State’s Local Agency Investment Fund (LAIF). The City currently has two approved brokers that make the City’s investments based on City staff recommendations. Staff uses Sympro software to perform Portfolio evaluation and reporting.

In June 2022, City staff issued RFP #4244 for Investment Management Services and received a total of seven responses. City staff reviewed and evaluated the seven proposals focusing on cost, investment strategy, and experience with California government agencies. Based on those criteria, City staff selected Meeder as the most qualified vendor. Under the proposed five-year contract with Meeder, the City will be able to better diversify the City’s investments held within the portfolio, increase the overall performance of the portfolio, and save staff time related to the investment function.

DISCUSSION
Historically, staff have directly managed the City’s investment function and have worked with two brokers and the bank to purchase investments. These purchases were made when there was excess cash in the City’s operating account and generally after the City’s LAIF account was at or near the maximum to ensure liquidity. Most purchases are in the Federal Agencies, Corporates, Medium Term Notes, and CDs, which represent a few of the available investments allowed under California Government Code.

Adding other investment types would be able to generate similar or greater returns while diversifying the 318
portfolio from the risk of being potentially overinvested in any single category.

The City maintains a high balance in LAIF at the beginning of each fiscal year to have sufficient cash to draw from to meet operating expenses until property tax revenues are received in November and December. By maximizing the amount of money held in LAIF, the City received lower returns than the overall investment portfolio. If the City had a more strategic approach to cash flow needs, investments could have been timed to mature to meet the operational needs of the City. For example, over the past five years, if the City lowered the amount invested in LAIF to $40 million, with the excess being invested in and earning the average portfolio return, the City could have earned nearly $600,000 in additional interest income. An investment advisor will help the City develop a better cash flow strategy.

City staff are also not subject matter experts when it comes to making investment decisions. Additionally, it is a job that needs to be done as a daily task. Currently, a significant amount of staff time is spent on reviewing investment options, coordinating the purchase with the broker and the bank, receiving and recording transactions in Sympro, and reconciling and reporting on the performance of the portfolio on a monthly basis. Meeder would greatly reduce the amount of staff time spent on the investment function for the City, as the City’s role would switch to oversight of Meeder instead of performing day to day investment activities.

Meeder will work as a fiduciary on every aspect of the investment program including but not limited to:

• investment policy development and review,
• cash flow analysis and forecasting, and
• portfolio optimization through the careful control of risk.

Meeder will implement investment strategies that meet the City’s risk and return requirements as outlined in the Council approved investment policy, ensure sufficient cash liquidity, conduct education and training for staff, and provide comprehensive investment reporting. The City will maintain its relationship with the Bank of the West (BOTW) as the City’s cash custodian, ensuring that Meeder will never have direct access to any money in the City’s investment account. All deposits and withdrawals from the investment account with BOTW will still be initiated by City staff. Meeder will only have access to initiate trades to purchase and sell securities that will remain in the investment account with BOTW.

While there are many factors that go into consideration when selecting an investment advisor, cost is always very important, but not necessarily the only determining factor. In this case, Meeder was the lowest cost bidder, but they also had a strategic approach to cash flow, investment selection and all their current clients are in the government sector, so they are very familiar with compliance with government code and municipal investment policies. As of 12/31/21, they had 472 accounts and $18.9 billion assets under management. The table below shows the costs for all responses from the RFP on an annual basis and over the five-year contract term with an assumption of assets under management being $275 million:

Meeder
FHN
Public
Trust
PFM
Chandler
GH&A
Principal
Annual Fees
66,000
137,500
140,000
145,000
160,000
268,000
487,500
Contract
Total
330,000
687,500
700,000
725,000
800,000
1,340,000
2,437,500

319
Staff recommends the City Council approve Meeder Public Funds as the most qualified vendor. Once Council approves staff’s recommendation, staff will transition the investment services to Meeder as soon as administratively feasible.

FISCAL AND ADMINISTRATIVE IMPACTS

Meeder’s fees are based on an annual fee for the services that will be provided to the City with a total, not-to-exceed proposed fee of $330,000 for the five-year contract. There is sufficient funding in the General Fund for fiscal year 2022-23 to cover the first year of services, and future years will be appropriated as part of the budget process.

ATTACHMENTS

1. Resolution

2. Exhibit A - Meeder Public Funds, Inc Agreement

Prepared by: David
Doyle
Accounting Supervisor

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MEEDER PUBLIC FUNDS, INC. FOR INVESTMENT MANAGEMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED $330,000
The City of Livermore (“City”) requires investment management services to better diversify the City’s investments held within the portfolio, increase the overall performance of the portfolio, and save staff time related to the investment function.

City staff invited proposals for investment management services. Of the seven responses received and evaluated, Meeder Public Funds, Inc. was selected by the evaluation panel based on cost, investment strategy, and experience with California government agencies.

The cost of the investment services will be a fixed annual fee of $66,000 for the term of five years, with a not-to-exceed amount of $330,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to execute a five-year professional services agreement with Meeder Public Funds, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $330,000.

On motion of Council Member___________, seconded by Council Member ____________, the foregoing resolution was passed and adopted on September 12, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason Alcala Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Meeder Public Funds, Inc. Agreement
321

EXHIBIT A
322

EXHIBIT A
323

EXHIBIT A
324

EXHIBIT A
325

EXHIBIT A
326

EXHIBIT A
327

EXHIBIT A
328
MEEDER

PUBLIC FUNDS

PUBLIC FUNDS
Investment
Program Services
Investment Policy
Review
Cash Flow Review
Investment Strategy
Execution of Trades
Monthly Reporting
and Review
Credit Research
Banking and Custody
The Investment Policy is reviewed and recommendations
are made to ensure it is in compliance with state law and any changes that may have occurred.

Throughout the year we will help you determine the
proper amount to have invested compared to liquid in
cash and equivalents.

You will have access to our professional investment team that will strategically formulate an investment plan. The investment team monitors the interest rate environment
and the spread between permissible asset classes.

We will expand your current broker network ensuring
best price execution.

We will provide you with consolidated reporting on
a monthly, quarterly, and annual basis. Customized
reporting can be created to meet your specific needs.

We will monitor corporate issuers in the marketplace
and recommend specific issuers that meet permissible
requirements under law.

In the event you would look to establish a new banking or custody relationship, we will provide assistance through the process.

Investment advisory services provided by Meeder Public Funds, Inc.

ABOUT MEEDER
» Serving public entities
since 1990
» Customized investment
solutions for states,
counties, cities, schools,
townships, libraries, higher
education, and special
districts
» Managing more than
300 public entity accounts
» As of 12/31/2021,
over $42 billion under
management and
advisement
» Office locations in:
- Dublin, Ohio
- Long Beach,
California
- Lansing, Michigan
- Austin, Texas

MEEDER INVESTMENT

MANAGEMENT
6125 Memorial Drive
Dublin, OH 43017

1.866.633.3371
meederpublicfunds.com
0150-MPF-4/11/22-16182
2022-356 JKS/JRA

EXHIBIT A
329
Fees
a) Provide the complete fee schedule that would apply to this account. Are fees charged in arrears? Meeder proposes a fixed annual fee of $66,000, billed monthly in arrears ($5,500 per month). b) What additional expenses not covered through the fee structure will be expected in order to implement your investment advisory services?
Meeder strongly recommends the use of a qualified third-party custodian. We have negotiated custody fees at 0.01% for our clients with several eligible institutions and can assist the City through this process during the implementation of the relationship, if needed.
fl
- ,
MEEDER

PUBLIC FUNDS
2022-356 JKS/JRA 38

EXHIBIT A
330
Terms of Services - Discretionary Accounts
Meeder Public Funds
The following Terms of Service are applicable to services offered by Meeder Public Funds, Inc. ("Meeder") and shall be incorporated into any agreement for investment advisory services ("Agreement").

1. Appointment. Client appoints Meeder as discretionary investment manager to invest, reinvest and manage the securities, cash and other assets of the Account subject to the investment guidelines ("Investment Guidelines") provided by Client.

2. Trading Authorization. Client grants Meeder discretionary trading authority and appoints Meeder as agent and attorney-in-fact with respect to investments in the Account. Meeder may direct the purchase, sale, exchange, conversion, delivery or other acquisition or disposition of securities and other investments in the Account and act on behalf of Client in all other matters incidental to the handling of Account investments, all without prior consultation with Client.

3. Custody. Meeder shall not act as custodian for the Account or any portion of it. Custody and possession of Account assets shall be the sole obligation of the Account's separately appointed "qualified custodian." ("Custodian"). Client acknowledges that it receives, or will receive from the Custodian, at least quarterly, an account statement that identifies the assets in the Account with the Custodian at the end of the period and that lists all transactions in the Account for the period.

4. Investment Objectives and Restrictions. Client may provide Meeder with written Investment Guidelines, setting forth the investment objectives and any specific investment restrictions or limitations which govern the Account. Meeder shall be entitled to rely on such guidelines, objectives and restrictions relating to the Account as it may receive from Client. It is Client's responsibility to inform Meeder in writing of any changes or modifications to the Investment Guidelines, which shall be given ten days in advance of any such change.

5. Brokerage. Meeder will generally use the execution services of such broker-dealers as it may select to effect transactions for the purchase and sale of securities and other investments in the Account. When selecting brokers through which transactions for Client accounts will be executed, Meeder's primary consideration will be the broker's ability to provide best execution of trades and Meeder may consider the quality and reliability of the brokerage services, trade price and commission, as well as research and other services provided by the broker dealers. The responsibility to obtain best execution shall not be deemed to obligate Meeder to solicit competitive bids for each transaction. Client may direct that Meeder execute transactions through specific broker-dealers in connection with a discount brokerage or directed brokerage program established by Client. Client acknowledges that by directing brokerage to a particular broker-dealer it may forgo any benefits from savings on execution costs that Meeder may obtain for its other clients through volume discounts on aggregated orders and may pay higher commission rates than other clients of Meeder.

6. Fees. For the services provided in accordance with this Agreement, Client shall pay Meeder an annual fee ("Fee") as follows:
2022-356 JKS/JRA

EXHIBIT A
331
Fees are billed either D monthly or 181 quarterly in arrears as selected by Client. The Fee will be D deducted directly from Client's Account or 181 invoiced directly to Client, as selected by Client. Where Client has elected to have fees deducted Client authorizes the Custodian to deduct fees from the Account and pay them to Meeder. The account statements will reflect the fee amount withdrawn in any period. Client is responsible for notifying Meeder of any exceptions or objections to the amount billed within thirty days from the billing date.

7. Third-Party Payments.

Meeder or its affiliates receive compensation from unaffiliated third parties for opening, administering or advising certain financial products offered to advisory clients, including STAR Ohio and the Government Insured Deposit Program (GIDP). Asset based advisory fees are not charged for assets invested in products that pay indirect compensation to Meeder.

8. Proxy Voting. Meeder does not accept or assume authority to vote proxies for its public fund clients. Clients will receive their proxies or other solicitations directly from their Custodian.

9. Statements and Reports. Client consents to electronic delivery of all documents from Meeder, including but not limited to a copy of the executed Agreement, statements, confirmations, Meeder's Form ADV Part 2, and other
general communications.

10. Confidentiality. All information and
advice furnished by either party to the other, including their respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties except as otherwise required by law or as agreed to in writing by Client. Notwithstanding the foregoing, Client consents to the use of Client's name in sales and marketing material used by Meeder or its affiliates solely for the purpose of identifying the Client
as an investment advisory client.

11. Services to Other Clients. Client understands that Meeder serves as investment adviser for other Clients and
will continue to do so. Client also understands that Meeder, its personnel and affiliates ("Affiliated Persons") may give advice or take action in performing their duties to other clients, or for their own accounts, that differ from advice given to or action taken for Client. Meeder is not obligated to buy, sell or recommend for Client any security or other investment
that Meeder or its Affiliated Persons may buy, sell or recommend for any other client or their own
accounts.

12. Meeder's Representations. Meeder represents that it i s a registered investment adviser under the Investment Advisers Act of 1940.

13. Client's Representations. Client represents and acknowledges that: (i) Client is the sole owner of the Account assets and has full power and authority to enter into this Agreement and to commit the assets to Meeder's management and supervision;
(ii) that the person signing this Agreement on behalf of Client is authorized and empowered to establish accounts and commit the asset!i to Meeder's management and supervision on the entity's behalf; (iii) Client has received Meeder's current Form ADV, Part 2A and B; and (iv) Client has received a copy of Meeder's Privacy
Policy.
2022-356 JKS/JRA

EXHIBIT A
332

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location ·or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers' Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers' Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign "Contractor Release of Liability".

4. Professional Liability/Errors and Omissions:
$10,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

5. Cyber Liability: $3,000,000 per occurrence or claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

6. Crime: $5,000,000 per occurrence/$10,000,000 aggregate covering all officials, employees, and agents.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the Revised 514122 B11 - 5M E&O (Investment Management Services)

Page 1 ends

Livermore City CouncilSeptember 12, 2022

Livermore City Council
September 12, 2022